Try our Advanced Search for more refined results
Immigration
-
March 14, 2024
Russian's Asylum Delay Suit Survives Dismissal Effort In Fla.
A Russian national's legal efforts to speed up his 4-year-old asylum application survived a dismissal bid from the Biden administration, after a Florida federal court found the asylum-seeker had plausibly alleged his application had been unreasonably delayed.
-
March 14, 2024
Ga. Farm Retreat Fails to Back H-2B Bid With Growing Season
An administrative law judge on Wednesday shot down a Georgia farm retreat's bid to temporarily hire foreign employees during the Peach State's growing period, saying in two decisions that the employer failed to show that either of the job positions were seasonal.
-
March 14, 2024
Judge OKs Exclusion Of Late Evidence In Deportation Fight
An appellate immigration judge on Thursday ruled that evidence an El Salvador man fighting deportation submitted after a filing deadline was correctly excluded, saying a statute that would've allowed the late evidence only applied to individuals in expedited removal proceedings.
-
March 14, 2024
Atty Rips Fox Rothschild's Gag Order Bid As 'Temper Tantrum'
The attorney for two men suing Fox Rothschild LLP for malpractice has hit back against the firm's request for a gag order — which came after he called the firm a "corrupt organization" and threatened criminal prosecution — calling it a "temper tantrum" and claiming Fox Rothschild is merely trying to distract from the events that led him to make those comments.
-
March 14, 2024
Fla. Atty Disbarred For Practicing Law After Suspension
The Florida Supreme Court has disbarred an immigration attorney for practicing law while he was suspended after an investigation found he inappropriately texted and then fired women he worked with as an elected public defender.
-
March 14, 2024
In 3rd Win, Sig Sauer Beats ICE Agent's Defective-Gun Suit
Sig Sauer has defeated a third product liability lawsuit from a user who claimed its P320 pistol spontaneously discharged, injuring him without the trigger being touched, convincing another federal judge that the plaintiff's expert witness testimony should be disqualified.
-
March 13, 2024
CoreCivic Beats Asylum-Seeker's Miscarriage Liability Suit
A California federal judge handed CoreCivic Inc. a win Tuesday in a negligence lawsuit filed by an El Salvadorian asylum-seeker who alleged she miscarried while detained at the prison giant's immigration detention center near the U.S.-Mexico border, finding there to be no triable factual dispute over whether she miscarried in custody.
-
March 13, 2024
Shipbuilder Created For One Project Can't Get H-2B Staff
A company created solely for one shipbuilding project can't hire dozens of foreign shipbuilders to fulfill the contract, after failing to convince a U.S. Department of Labor judge that its labor needs weren't permanent.
-
March 13, 2024
Don't Let Texas 'Rewrite' Immigrant Arrest Law, SG Tells Justices
The Biden administration has told the U.S. Supreme Court that Texas is trying to recast a law allowing the state to arrest and deport immigrants in a more palatable light when it argued for the first time it doesn't require removal.
-
March 13, 2024
New Co.'s Lack Of Records Dooms Bid For H-2B Truck Drivers
A U.S. Department of Labor appeals board has upheld the denial of a transportation company's request for drivers under the H-2B visa program, ruling the company's payroll records and sales summaries did not prove a need for foreign, temporary workers.
-
March 13, 2024
EB-5 Suit Says Hotel Project Tricked Non-English Speakers
A real estate investment company is facing a proposed class action in California federal court alleging it took advantage of immigrant investors' limited English by fraudulently making them agree that the company and an Embassy Suites project could keep their investments indefinitely.
-
March 12, 2024
Judiciary Touts New Policy To Rein In Judge Shopping
The Judicial Conference of the United States on Tuesday said it has updated a policy on random case assignments to ensure litigants can't shop for the judge of their choice by going to a one-judge division of a district court.
-
March 12, 2024
Texas' Migrant Arrest Law Faces New Suit, Now By Individuals
Texas residents and a local nonprofit on Tuesday challenged the constitutionality of a new Texas law allowing state officers to arrest and deport migrants, the same day the U.S. Supreme Court imposed a second temporary pause on the law.
-
March 12, 2024
Judge Lets Feds Appeal 'Novel' Issues In Asylum Bond Suit
A Washington federal judge allowed federal immigration agencies to seek the Ninth Circuit's opinion on whether the district court can hear a class of asylum-seekers' lawsuit alleging deprivation of bond hearings, saying jurisdictional and constitutional issues in the case seem novel.
-
March 12, 2024
Judge OKs Deal Ending DACA Holders' Lending Bias Suit
A California federal court gave the all-clear for a $120,000 settlement to resolve claims that a credit union unlawfully denied loans to unauthorized immigrants with Deferred Action for Childhood Arrivals status, including one of its former employees.
-
March 12, 2024
Alito Again Delays Effective Date Of Texas' Migrant Arrest Law
U.S. Supreme Court Justice Samuel Alito on Tuesday again barred Texas from immediately arresting and deporting migrants under a new state law, ordering a five-day pause of a Fifth Circuit order allowing the law to take effect.
-
March 11, 2024
Texas Fights Bid To Block Migrant Arrest Law At High Court
Texas on Monday urged the U.S. Supreme Court to deny the Biden administration's bid to vacate an administrative stay issued by the Fifth Circuit and allow the Lone Star State's immigration law to take effect, saying it's the first line of defense "against transnational violence" caused by the federal government's inaction.
-
March 11, 2024
9th Circ. Orders 2nd Look At Zambian Woman's Asylum Bid
The Ninth Circuit on Monday revived a Zambian woman's asylum bid lodged for fear of being persecuted over her sexual orientation, saying the Board of Immigration Appeals didn't properly evaluate claims she'd previously been persecuted in Zambia for being a lesbian.
-
March 11, 2024
Biden's 2025 Budget Seeks More Border Funds, Again
The White House unveiled its $7.3 trillion fiscal year 2025 budget Monday, which includes more than $62 billion for the U.S. Department of Homeland Security, some of which would fund initiatives Congress has so far rebuffed President Joe Biden on.
-
March 11, 2024
Wash. Law Aimed At GEO's Migrant Facility Partially Barred
A Washington federal judge has halted the state from conducting unannounced inspections and imposing new health and safety standards at an immigration detention facility, saying that a statute authorizing those actions unlawfully discriminates against GEO Group Inc., the facility's operator.
-
March 11, 2024
Texas Judge Doubts Paxton's Motive For Shutting Nonprofit
An El Paso, Texas, judge on Sunday put the brakes on Texas Attorney General Ken Paxton's bid to immediately shut down a Catholic nonprofit he has accused of smuggling or harboring migrants, raising questions about Paxton's motives.
-
March 08, 2024
Biden Administration Must Use Border Wall Funds, For Now
A Texas federal judge on Friday ordered the Biden administration to use funds Congress specifically designated for the Southwest border wall to continue construction, issuing a preliminary injunction and finding that Texas and Missouri could face substantial harm to their state budgets without the injunction.
-
March 08, 2024
Dems Say DHS Watchdog Trying To Evade Their Oversight
House Democrats on Friday said Republican leaders must renounce the U.S. Department of Homeland Security inspector general's claim his leadership isn't being investigated, saying the watchdog head was seemingly trying to shield himself — "in vain" — by claiming to be a whistleblower.
-
March 08, 2024
H-1B Season Opens With Mix Of Optimism And Apprehension
A mixed aura of optimism and uncertainty greets the new H-1B season as immigration attorneys express hope that an overhauled lottery process will help level the playing field, while concerns simultaneously loom about how impending fee increases will impact smaller companies.
-
March 08, 2024
Explain Prince Harry's US Visa Records, Judge Orders DHS
A D.C. federal judge will review information concerning Prince Harry's U.S. visa records in private to decide if the federal government can withhold records a conservative think tank claims may reveal whether the British royal got special immigration treatment.
Expert Analysis
-
Legal Profession Must Do More For Lawyers With Disabilities
At the start of Disability Pride month, Rosalyn Richter at Arnold & Porter looks at why lawyers with disabilities are significantly underrepresented in private practice, asserting that law firms and other employers must do more to conquer the implicit bias that deters attorneys from seeking accommodations.
-
Opinion
Appellate Funding Disclosure: No Mandate Is Right Choice
The Advisory Committee on Appellate Rules' recent decision, forgoing a mandatory disclosure rule for litigation funding in federal appeals, is prudent, as third-party funding is only involved in a minuscule number of federal cases, and courts have ample authority to obtain funding information if necessary, says Stewart Ackerly at Statera Capital.
-
RETRACTED: How New Prevailing Wage Rule May Affect H-1B Employment
Editor's note: This guest article has been removed due to an inaccurate discussion of the status of the U.S. Department of Labor's prevailing wage rule, "Strengthening Wage Protections for the Temporary and Permanent Employment of Certain Aliens in the United States." The rule is no longer on the Biden administration's current rulemaking agenda.
-
Opinion
Congress Should Pass Bipartisan Immigration Reform Bill
By reforming visa allocation, expediting asylum processing, creating new employment visas and creating a path forward for individuals lacking permanent legal status, the recently introduced Dignity Act presents an opportunity for much-needed reform and deserves support from both sides of the aisle, says Laura Reiff at Greenberg Traurig.
-
How Attys Can Avoid Exposing Their Firms To Cyberattacks
Attorneys are the weakest link in their firms' cyberdefenses because hackers often exploit the gap between individuals’ work and personal cybersecurity habits, but there are some steps lawyers can take to reduce the risks they create for their employers, say Mark Hurley and Carmine Cicalese at Digital Privacy & Protection.
-
Virginia 'Rocket Docket' Slowdown Is Likely A Blip
After being the fastest or second-fastest federal civil trial court for 14 straight years, the Eastern District of Virginia has slid to 18th place, but the rocket docket’s statistical tumble doesn't mean the district no longer maintains a speedy civil docket, says Robert Tata at Hunton.
-
5 Management Tips To Keep Law Firm Merger Talks Moving
Many law firm mergers that make solid business sense still fall apart due to the costs and frustrations of inefficient negotiations, but firm managers can increase the chance of success by effectively planning and executing merger discussions, say Lisa Smith and Kristin Stark at Fairfax Associates.
-
Pay Transparency Laws Complicate Foreign Labor Cert.
State and local laws adopted to help close the gender pay gap pose challenges for U.S. companies recruiting foreign nationals, as they try to navigate a thicket of pay transparency laws without running afoul of federally regulated recruitment practices, say Stephanie Pimentel and Asha George at Berry Appleman.
-
Rethinking In-Office Attendance For Associate Retention
The hybrid office attendance model doesn't work for all employees, but it does for many — and balancing these two groups is important for associate retention and maintaining a BigLaw firm culture that supports all attorneys, says Summer Eberhard at Major Lindsey.
-
Murdaugh Trials Offer Law Firms Fraud Prevention Reminders
As the fraud case against Alex Murdaugh continues to play out, the evidence and narrative presented at his murder trial earlier this year may provide lessons for law firms on implementing robust internal controls that can detect and prevent similar kinds of fraud, say Travis Casner and Helga Zauner at Weaver and Tidwell.
-
Foreign Labor Certification Website Still Structurally Limited
Though the U.S. Department of Labor's Office of Foreign Labor Certification has shown encouraging responsiveness in correcting at least one major issue with its online portal, several sources of frustration — including employers' limited access to filed applications — still require fixing, says Michael Morton at Fakhoury Global.
-
Firm Tips For Helping New Lawyers Succeed Post-Pandemic
Ten steps can help firms significantly enhance the experience of attorneys who started their careers in the coronavirus pandemic era, including facilitating opportunities for cross-firm connection, which can ultimately help build momentum for business development, says Lana Manganiello at Equinox Strategy Partners.
-
Perspectives
Immigration Board Must Mend Choice Of Law Post-Garcia
The Board of Immigration Appeals must revisit the choice of law standard recently established in Matter of Garcia, which fails to establish predictability, upsets the settled expectations of parties' remanded cases and unfairly tips the scale in the government's favor, says Monica Mananzan at the Capital Area Immigrants' Rights Coalition.
-
Fla. Foreign Real Estate Law Brings Broad Investment Risks
Last month, Florida became the latest state to enact legislation prohibiting Chinese investors from acquiring certain interests in real property, introducing significant legal uncertainty and consequences for real estate stakeholders and the private equity industry, say attorneys at Simpson Thacher.
-
Roundup
Inside Immigration Court
In this Expert Analysis series, immigration judges discuss best practices for attorneys who appear before them and important developments in immigration court practice.