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Immigration

  • August 20, 2018

    4 USCIS Policies Changing The Face Of Business Immigration

    U.S. Citizenship and Immigration Services issued several new policies this summer that may increase the burden of proof on visa applicants and threaten to put certain employment-based visa holders and foreign students at risk of deportation. Here, we examine those policies and how they have changed immigration attorneys' strategies.

  • August 20, 2018

    Jay Peak Receiver Settles Tax Dispute With Vermont Town

    A Florida federal court has approved a settlement reached between the court-appointed receiver for the failed Jay Peak EB-5 project and the town of Jay, Vermont, on interest and penalties stemming from $2 million in property taxes paid late to the town.

  • August 20, 2018

    Trump Vows To End 'Sanctuary Cities,' 'Catch And Release'

    President Donald Trump on Monday pledged to combat communities his administration views as providing sanctuary to unauthorized immigrants and “stop the ridiculous policy of catch and release,” also vowing to rid the nation of the Central American MS-13 gang.

  • August 20, 2018

    Labor Dept. Should Run Au Pairs' J-1 Visas, Report Suggests

    J-1 visas issued to au pairs should be overseen by the U.S. Department of Labor rather than the U.S. Department of State so the rights of domestic workers can be strengthened, according to a report released on Monday by several immigrant advocacy groups.

  • August 20, 2018

    ICE May Have Duty To Consider Married Immigrants' Status

    A Massachusetts federal judge on Monday suggested U.S. Immigration and Customs Enforcement has a duty to consider whether an undocumented immigrant married to a citizen has begun obtaining legal status before removing them, and said the Homeland Security secretary could be held in contempt if the agency violates a proposed injunction barring their removal.

  • August 20, 2018

    Judge Limits DACA Restoration To Only Renewals, For Now

    A District of Columbia federal judge temporarily restricted to renewals an order from earlier this month instructing the Trump administration to continue processing applications for the Deferred Action for Childhood Arrivals program.

  • August 20, 2018

    9th Circ. Rejects Due Process Claims From Adopted Honduran

    The Ninth Circuit has ruled that a Honduran man who was adopted by a U.S. citizen as a child cannot claim the government violated his adoptive mother’s constitutional rights by failing to process his citizenship application, finding that the naturalization requirements for adopted children do serve a legitimate government interest.

  • August 20, 2018

    Latham Fortifies Star IP Trial Team With WilmerHale Atty

    A former WilmerHale patent litigator who has represented clients in disputes in industries ranging from pharmaceuticals to social networking is the fourth senior trial lawyer to join Latham & Watkins LLP’s Washington, D.C., practice within a year, Latham announced recently.

  • August 17, 2018

    Calif. Judge Halts Deportation Of Reunited Children

    A California federal judge has ordered the Trump administration to temporarily halt deportation of immigrant children after they were reunited with their families, allowing the families time to pursue their asylum claims first.

  • August 17, 2018

    Attys Decry Sessions' New Burdens On Immigration Judges

    U.S. Attorney General Jeff Sessions issued a decision Thursday night in a precedential Board of Immigration Appeals case that limits immigration judges’ discretion to pause deportation proceedings, potentially undermining their ability to manage their dockets effectively and hindering immigrants from pursuing benefits to which they are entitled, attorneys said.

  • August 17, 2018

    Half-Built Fla. Resort's $39M Sale Gets Court Approval

    A Florida bankruptcy judge signed off Friday on a $39.1 million sale of a stalled Fort Lauderdale resort partially built with $30 million from the EB-5 immigrant investor visa program.

  • August 17, 2018

    DC Circ. Revives Shepherds' Challenge To H-2A Practices

    The D.C. Circuit partly revived a suit Friday brought by a group of livestock herders challenging the government’s practice of issuing temporary visas for longer-term labor.

  • August 17, 2018

    Parents' Role In Calif. Immigration Custody Rows Clarified

    A parent does not need to be joined as a party in a civil custody action that includes a bid for certain immigration findings for the case to proceed in California, as long as the individual received adequate notice of the proceedings, the state's highest court ruled on Thursday.

  • August 17, 2018

    3 Reasons Attys Should Learn A Foreign Language

    Becoming fluent in a foreign language may seem daunting, but the challenge can offer big rewards, including career opportunities and personal satisfaction, for attorneys willing to take it on. Here, Law360 looks at three reasons why lawyers should learn languages other than their own.

  • August 16, 2018

    Will Law Schools Start Counting ‘Generation ADA’?

    No one is tracking law students with disabilities to see where the education system may be failing them, but some advocates are working to change this dynamic and build a better pipeline.

  • August 16, 2018

    1st Circ. Reopens Indonesian's Aslyum Bid Over Extemism

    The First Circuit on Thursday reopened an Indonesian national's asylum bid to escape religious persecution in his home country, finding that the Board of Immigration Appeals overlooked critical evidence about the intensification of "Islamic fundamentalist fervor."

  • August 16, 2018

    Wells Fargo Gets Immigrant Lending Bias Suit Trimmed

    A California federal judge has pared down a proposed class action alleging Wells Fargo unfairly withholds certain lines of credit from customers because of their immigration status, finding that two of the people bringing the case failed to show they were prevented from taking out home and auto loans because of discriminatory policies.

  • August 16, 2018

    4th Circ. Nixes Ex-Professor's National Origin Bias Case

    The Fourth Circuit on Thursday upheld the dismissal of a suit by a Turkish college professor who claimed she was denied tenure by Longwood University because of her national origin and ultimately fired for complaints about discriminatory treatment, finding that a lower court made no errors in its analysis.

  • August 16, 2018

    EOIR Adds 23 New Judges To Combat Case Backlog

    The Executive Office for Immigration Review announced Thursday that it has appointed 23 new immigration judges, bringing the total count to 351 nationwide, amid the Trump administration’s ongoing efforts to reduce the significant backlog of open cases.

  • August 16, 2018

    NLRB Releases Memos On Immigration Protest, Weingarten

    The National Labor Relations Board on Wednesday published a flurry of informal guidance letters written by its in-house attorneys, including memos saying Latino workers who took part in a pro-immigrant protest were protected by federal labor law and reaffirming that workers' Weingarten rights kick in immediately after they vote in a union.

Expert Analysis

  • The 'Post-Fact' Jury In The 'Fake News' Era

    Ross Laguzza

    The "fake news" phenomenon is ever more prominent in the political arena — but not in the jury box. At a trial, jurors don’t have to rely on the media or any other source to tell them the facts and issues, since they have a front-row seat to the action, says Ross Laguzza, a consultant at R&D Strategic Solutions LLC.

  • Series

    Judging A Book: Lipez Reviews 'Last Great Colonial Lawyer'

    Judge Kermit Lipez

    In his new book, "The Last Great Colonial Lawyer: The Life and Legacy of Jeremiah Gridley," Charles McKirdy argues that Gridley — someone I had never heard of — was the last great colonial lawyer, and that his cases illuminate his times. The author largely substantiates both claims, says First Circuit Judge Kermit Lipez.

  • Interview Essentials For Attorneys On The Move

    Eileen Decker

    Across the country this fall, recent law school graduates, law firm associates and experienced professionals will interview for positions in private practice and government service. Sharing tips on how to stand out in this high-pressure, hypercompetitive process are Eileen Decker, former U.S. attorney for the Central District of California, and Keith Jacoby, co-chairman of Littler Mendelson PC’s class action practice group.

  • Lower Court Confusion Over Impact Of Trump V. Hawaii

    Steven Gordon

    In Trump v. Hawaii, the U.S. Supreme Court recently upheld President Donald Trump’s so-called travel ban against the contention that it is anti-Muslim and violates the establishment clause. However, it appears that some lower federal courts have not understood the high court's message, says Steven Gordon of Holland & Knight LLP.

  • Roundup

    Clerking For Ginsburg

    Clerking For Ginsburg

    Justice Ruth Bader Ginsburg joined the U.S. Supreme Court 25 years ago and is not planning to retire anytime soon — she has hired clerks through 2020. What's it like to assist Justice Ginsburg? In this series, former clerks reflect on the experience.

  • Series

    Clerking For Ginsburg: 3 Surprises

    David Post

    It had never occurred to me that judges don’t always love the way their appellate cousins review their work and tell them — in public — all the things they got wrong. I was frequently struck by Justice Ruth Bader Ginsburg’s acute awareness of the delicacy of this relationship, says attorney David Post.

  • Does Greyhound Have To Comply With Border Agents?

    David Jones

    For at least a few years, U.S. Department of Homeland Security agents have been boarding Greyhound buses across the country and requesting passengers' immigration documents. Ultimately, it was revealed that the company consented to this activity based on a belief that it had to, but was it correct? asks David Jones of Fisher Phillips.

  • Series

    Clerking For Ginsburg: A Superhero Supreme

    Burden Walker

    As a clerk for Justice Ruth Bader Ginsburg, my job was to mirror my boss’ views and values in everything I did. Years later, I find that I am still striving to live up to the values Justice Ginsburg instilled in me, as both a lawyer and a spouse, says Burden Walker, an assistant U.S. attorney for the District of Maryland.

  • Series

    Clerking For Ginsburg: 4 RBG Lessons On Having It All

    Rachel Wainer Apter

    Justice Ruth Bader Ginsburg is everything she is cracked up to be​ — f​eminist icon​, brilliant jurist​, fierce dissenter. She is also an incredible boss, mentor and friend.​ ​Her advice has shaped how I have tried to balance building a career and ​raising children, says Rachel Wainer Apter, counsel to the New Jersey attorney general.

  • Global Magnitsky: The Swiss Army Knife Of Sanctions

    Hdeel Abdelhady

    The United States last week took the unprecedented step of sanctioning officials of a NATO member state — the justice and interior ministers of Turkey — pursuant to the Global Magnitsky Human Rights Accountability Act of 2016. The action demonstrates how Global Magnitsky sanctions can be readily employed without much advance legal groundwork, says Hdeel Abdelhady of MassPoint Legal and Strategy Advisory PLLC.