Immigration

  • November 30, 2021

    HHS Reassigns $217M From Child Shelter Contractor

    The U.S. Department of Health and Human Services on Tuesday announced awards totaling more than $217 million for three nonprofits that are set to take over contracts to house unaccompanied migrant children previously held by the beleaguered Comprehensive Health Services LLC.

  • November 30, 2021

    Feds Fight 'Irrelevant' Discovery In Asylum Turnback Suit

    The federal government opposed a class of asylum-seekers' request for information they say will help clarify whether the government is complying with orders directing authorities to process some asylum claims, telling a California district court the requests are overbroad and irrelevant.

  • November 30, 2021

    CBP Issues New Guidance For Infant, Pregnant Detainee Care

    U.S. Customs and Border Protection rolled out new standards of care for pregnant, postpartum and infant migrants in its care, almost two years after a woman reported giving birth standing, holding onto a garbage can at a Border Patrol station.

  • November 30, 2021

    5th Circ. Says High Court Ruling Rewrites Migrant's Sentence

    The Fifth Circuit ordered a district court in Texas to amend a Mexican national's conviction for illegal reentry after the U.S. Supreme Court ordered the circuit to revisit the decision, finding that his sentence was issued under the wrong statute.

  • November 30, 2021

    Don King Ducks Contract, Conspiracy Claims Over Title Bout

    Legendary promoter Don King escaped a champion boxer's contract and conspiracy claims on Tuesday when a Florida federal judge tossed part of a suit alleging he schemed to get the fighter's title stripped.

  • November 29, 2021

    9th Circ. Says Migrant Missed Chance To Challenge Removal

    The Ninth Circuit ruled Monday that a Mexican man can't protest his indictment for illegal reentry into the U.S., saying he failed to appeal the removal order undergirding the indictment.

  • November 29, 2021

    Migrants Vie For Release As New DHS Priorities Take Effect

    Some detained migrants are hopeful that the Biden administration's more restrained approach to civil immigration enforcement could free them from confinement, advocates announced Monday, the same day the U.S. Department of Homeland Security's new guidelines took effect.

  • November 29, 2021

    Proposed DACA Rule Draws Over 9K Comments

    The Biden administration's proposed rule to reinforce the Deferred Action for Childhood Arrivals, or DACA, program has attracted more than 9,300 responses ahead of Monday's deadline for public comments, with many calling for broader changes than the regulations set out.

  • November 29, 2021

    High Court Urged To Back Migrants' Bond Hearing Rights

    A think tank urged the U.S. Supreme Court on Monday to affirm two circuit court findings that noncitizens detained for more than six months are entitled to bond hearings, saying that due process protections extend to citizens and noncitizens alike.

  • November 29, 2021

    5th Circ. Won't Revive Gay Immigrant's Asylum Bid

    The Fifth Circuit on Monday upheld a ruling that a Mexican citizen who sought refuge in the United States because he is gay cannot remain in the country because the Mexican government "was able and willing to protect" him.

  • November 24, 2021

    Seafood Biz Owner Gets Probation For H-2B Visa Fraud

    A federal judge sentenced a Maryland seafood wholesaler to three years of probation and a $240,000 fine after its owner admitted the company effectively underpaid its H-2B guest workers by having them perform work outside the scope of their visas.

  • November 24, 2021

    AILA Alleges Mistreatment Of Haitian Migrants At NM Facility

    The American Immigration Lawyers Association has issued a call to action seeking the release of eligible Haitian migrants being held at a New Mexico private prison, claiming U.S. Immigration and Customs Enforcement officials and facility staff are denying the migrants due process, medical attention and safe conditions.

  • November 24, 2021

    Foreign Army Recruits Streamline Cert. Bid In Discharge Suit

    A cohort of foreign-born military recruits renewed their push for class certification in their suit claiming the U.S. Army discharged them without proper notice, dropping two subclasses that separated soldiers based on the reason for their discharge.

  • November 24, 2021

    House Dems Call For Citizenship Path In Senate Budget Bill

    Dozens of House Democrats are pushing their colleagues in the Senate to put a pathway to citizenship in the Build Back Better Act before the upper chamber takes up the $1.75 trillion budget bill that cleared the House earlier this month.

  • November 24, 2021

    Biden Admin. Eases Work Regs For Hong Kong Students

    The Biden administration eased work regulations for international students from Hong Kong who are facing "severe economic hardship" due to China's encroachment on the territory's autonomy, providing students more flexibility to work while maintaining their student status. 

  • November 23, 2021

    Evangelical Pair Wins Removal Relief On 3rd Go At 9th Circ.

    A fractured Ninth Circuit panel on Tuesday undid a removal order against an Indonesian couple who say they fear persecution for their evangelical Christian beliefs, handing the parents of three a win on their third turn before the appeals court.

  • November 23, 2021

    EOIR Issues Guidance For Pausing Deportation Cases

    Immigration judges should administratively close cases in which respondents are granted temporary protected status or when visa applications are approved, according to new guidance from the Executive Office for Immigration Review instructing judges on how to apply their recently reinstated authority.

  • November 23, 2021

    Border Wall Campaign Urges Justices To Undo Asset Freeze

    A border wall fundraising campaign tied to former Trump adviser Steve Bannon urged the U.S. Supreme Court to unfreeze its bank accounts, saying the executives charged with defrauding donors never owned the accounts or the money held in them. 

  • November 23, 2021

    Wash. Judge Says Co. In EB-5 Fraud Suit Needs Supervision

    A Washington federal judge turned down a development company's bid to stop the court from appointing a receiver to oversee its assets, ruling Tuesday that the company, which misused funds obtained through the EB-5 visa program, still requires supervision.

  • November 23, 2021

    Migrants Argue For High Court To Uphold Bond Hearings

    Migrants urged the U.S. Supreme Court to affirm parallel Third and Ninth Circuit findings that noncitizens detained for more than six months are entitled to bond hearings, saying the controlling immigration statute necessitates hearings before a neutral decision-maker.

  • November 23, 2021

    Odebrecht Laundering Suspect Can't Shake Flight Risk Status

    A Brooklyn federal judge on Tuesday denied bail to the son of former Panamanian President Ricardo Martinelli in a case stemming from the Odebrecht SA bribery scandal, unconvinced that the man's flight last year was necessary to avoid arrest by U.S. Immigration and Customs Enforcement.

  • November 22, 2021

    Tesla Must Face Trafficking Claims Related To Contractor

    Tesla must face a putative class's trafficking claims that it benefited from alleged forced labor by its Slovenian contractor, which is accused of threatening workers with violence if they didn't continue to work in dangerous conditions, a California federal judge ruled Saturday.

  • November 22, 2021

    H-1B Applicants Slam 3rd USCIS Registration Lottery

    Hundreds of H-1B applicants slammed U.S. Citizenship and Immigration Services on Monday for opening a third round of a lottery for H-1B specialty occupation visa applications, saying the agency had previously told a D.C. federal court another lottery wouldn't be necessary.

  • November 22, 2021

    Zoom Looks To Exit DACA Recipient's Discrimination Suit

    Zoom Video Communications Inc. has urged a Washington federal court to toss a Deferred Action for Childhood Arrivals recipient's claims that his job application was rejected because of his citizenship status, arguing that his DACA status should not be conflated with citizenship status.

  • November 22, 2021

    USCIS Mistakenly Rejected Work Permits For Crime Victims

    U.S. Citizenship and Immigration Services mistakenly rejected around 1,500 work permit applications filed by crime victims seeking U visas because they didn't pay a fee or request a waiver, even though neither was required, the agency said Monday.

Expert Analysis

  • Without Leadership Buy-In, Law Firm DEI Efforts Stand To Fail

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    A law firm's diversity, equity and inclusion strategies need the full attention and support of its top leadership to succeed, and requiring the firm's key decision makers to join the DEI committee can make the difference, says Noble Allen at Hinckley Allen.

  • Series

    Confronting Origination Credit: Self-Advocacy Tips For Attys

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    Female lawyers and lawyers of color have historically not been privy to the rules of the origination credit game, but they can employ various strategies to increase the chances of receiving the credit they are due, such as enlisting allies for support and tracking inequity patterns, says Marianne Trost at The Women Lawyers Coach.

  • A Real-World Guide To Staying Discovery In Federal Court

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    Pleas for stay of discovery under the Federal Rules of Civil Procedure are often rejected when motions to dismiss are pending due to a tenacious tangle of case law, imposing financial and administrative burdens on parties, but some unambiguous rules of thumb can be gleaned to maximize the chances of a discovery stay, says Amir Shachmurove at Reed Smith.

  • Opinion

    Biden Admin. Should Hold Fast To Its Immigration Agenda

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    Instead of trying to accommodate his critics, President Joe Biden's administration should take specific actions to continue fulfilling his promised agenda of restoring humanitarian, refugee protection and legal immigration programs that were sabotaged by his predecessor, says Donald Kerwin at the Center for Migration Studies.

  • Tech Improvements That Can Help Gov't Tackle FOIA Backlog

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    Government agencies can implement effective technological solutions that will help them address the growing backlog of Freedom of Information Act requests, and avoid costly noncompliance litigation, by taking steps to identify agency-specific needs, develop cohesive strategies and obtain leadership buy-in, say Ken Koch and Erica Spector at KPMG.

  • Heed These Rules, Or Risk Your Argument On Appeal

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    Failing to meet the scattered requirements for appellate preservation can have dire consequences, so litigants must understand the relevant briefing rules, the differences between waiver and forfeiture, and the four components of a pressed argument in order to get their case fully considered on appeal and avoid sanctions or dismissal, says Michael Soyfer at Quinn Emanuel.

  • What To Include In Orders Governing Remote Arbitration

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    When conducting remote arbitration, attorneys should negotiate written orders that spell out clear rules on technology accommodations, document handling, witness readiness and other key considerations to ensure parties' rights are protected and the neutral's time is not wasted, say Matthew Williams and Christina Sarchio at Dechert.

  • Series

    Embracing ESG: CBRE GC Talks Effective Compliance Emails

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    Good corporate governance requires communicating expectations for ethical conduct, but compliance emails need not be overly technical — a relatable story told in simple language with humility and respect can create internal communications that drive home the message, says Laurence Midler at CBRE.

  • The Hazards Of Female Lawyers Being 'Office Moms'

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    Female attorneys are frequently credited with being the "office moms" who do critical but undervalued work — from bringing birthday cakes to serving on diversity committees — but as lawyers return to offices, now is a good time for employers to rectify the gender imbalance that disadvantages women, say Ninth Circuit Judge Margaret McKeown and Fine Kaplan partner Roberta Liebenberg.

  • Discovery Immunity For Draft Expert Reports Lacks Clarity

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    Court rulings on whether — and when — drafts of expert reports are immune from discovery have been inconsistent, so the Federal Rules of Civil Procedure should be amended to better distinguish between draft and final expert reports, say attorneys at Lowenstein Sandler.

  • A Phased Approach To In-House Legal Tech Adoption

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    In-house legal departments that adopt new technologies too quickly often face frustration or failure, so to help ensure a smooth transition, companies should consider a multistep approach, depending on where they stand with respect to modernizing legal processes, says Tariq Hafeez at LegalEase Solutions.

  • Series

    Confronting Origination Credit: How Firms Can Redo Policies

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    To promote a more diverse and equitable workforce — not to mention better teamwork and higher profits — law firms must tackle common misconceptions about origination credit and design compensation systems that reflect four critical concepts about client relationships, says Blane Prescott at MesaFive.

  • How To Comply With ABA's New Language Access Guidance

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    Considering the American Bar Association's recent language access guidance for lawyers working with clients with whom communication is impeded, attorneys should carefully navigate social and cultural differences and take steps to maintain professional obligations, say Hilary Gerzhoy and Deepika Ravi at Harris Wiltshire.

  • Best Practices For Hiring And Integrating Freelance Lawyers

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    Law firms and legal departments that hire temporary attorneys for certain projects can make the most of their contract talent by ensuring the right fit at the time of recruitment, setting expectations among in-house team members, and being strategic about work distribution, says Leslie Firtell at Tower Legal Solutions.

  • Questions To Ask If Doing Business In A Corruption Hot Spot

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    Businesses facing new scrutiny after the U.S. Department of Justice's recently announced task force for combating human trafficking in Central America, the release of the Pandora Papers and continuing fallout from 2019's Panama Papers, should address compliance risks by having employees ask three questions about every transaction, say attorneys at White & Case.

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