Immigration

  • December 02, 2022

    Man's Green Card Bid Again Denied Because Of Wife's Petition

    The Board of Immigration Appeals has again dismissed a Mexican citizen's bid to obtain a green card through his wife, clarifying that his wife's visa petition secured through her father wasn't considered "approvable when filed" since she wasn't single.

  • December 02, 2022

    States Lean On La. Title 42 Order To Enter Asylum-Seekers' Suit

    Red states urged a D.C. federal judge to include them in an asylum-seeker suit that won the end of a Trump-era policy authorizing migrants' swift expulsion, saying Friday the case threatened to upend their own hard-won court order forcing the policy's continuation.

  • December 02, 2022

    Immigrant Rights Groups Seek Info On NY Detention Center

    Immigrant rights organizations sued the Biden administration to obtain information about detainee conditions at an immigrant detention facility in Batavia, New York, accusing U.S. Immigration and Customs Enforcement of unlawfully evading their information requests for months.

  • December 02, 2022

    3rd Circ. Nixes Honduran's Asylum Bid Appeal

    In a precedential opinion, the Third Circuit on Friday effectively ended an asylum bid from a Honduran national who twice fled his native country to escape violence by regional gangs and was twice charged with crimes related to domestic disputes in the United States.

  • December 02, 2022

    Biz Chamber Says STEM OPT Has Decades Of Legal Backing

    The U.S. Chamber of Commerce and others defended a program allowing STEM-student visa holders to work in the U.S. after graduation, urging the D.C. Circuit against rethinking a ruling allowing the program, which they say has existed in some form for decades.

  • December 02, 2022

    Former US Ambassador To Bolivia Rejoins Foley In Miami

    A former U.S. ambassador to Bolivia has rejoined Foley & Lardner LLP in Miami to serve as senior international business adviser in the government solutions practice group.

  • December 01, 2022

    SPLC, Harvard Law Sue DeSantis Over Migrant Relocation

    Three immigration rights groups, represented by Southern Poverty Law Center and a Harvard Law School organization, sued Florida Gov. Ron DeSantis in federal court Thursday, alleging that the Sunshine State's $12 million immigrant relocation program is unconstitutional.

  • December 01, 2022

    DOL Shuns Onus To Seek Online Info In Biz Sponsorship Bids

    A U.S. Department of Labor board backed the department's refusal to certify a California-based technology service company's bid to sponsor a foreign recruiter, dismissing the company's argument that the department could've obtained information it needed from the company's website.

  • December 01, 2022

    Feds Can't End Plan To Speed Green Card Process For Allies

    The federal government must continue with a plan to hasten the processing of green card applications for Afghan and Iraqi allies after a D.C. federal judge ruled that processing delays were still unreasonable despite visa application and inquiry surges.

  • December 01, 2022

    4th Circ. Says Divorced Woman Can't Adjust K-1 Visa Status

    The Fourth Circuit on Thursday upheld a Board of Immigration Appeals removal order for a divorced woman seeking to remain on a K-1 marriage visa, ruling the board rightly found her ex-husband's withdrawal of his supporting affidavit rendered her removable.

  • December 01, 2022

    DOL Won't Revive Foreign Worker's Appeal Over Email Mix-Up

    An investment firm that emailed the wrong address when seeking government approval to sponsor a foreign financial analyst lost its appeal after a U.S. Department of Labor board said its situation was different from a 1989 mailing address mix-up it once heard.

  • November 30, 2022

    ICE Says It Mistakenly Publicly ID'd 6,000 Asylum Seekers

    U.S. Immigration and Customs Enforcement erroneously publicly posted identifying information, including names and locations, of more than 6,000 individuals seeking asylum on its website earlier this week, the agency confirmed on Wednesday.

  • November 30, 2022

    Feds Say States Too Late To Salvage Title 42 Expulsion Policy

    The U.S. Department of Homeland Security has argued against states trying to overturn a Washington, D.C., district judge's order to terminate a pandemic rule used to keep out migrants, saying the rule has been unnecessary since April.

  • November 30, 2022

    Immig. Board Told To Consider Mom's Missed Hearing Excuse

    The Board of Immigration Appeals must consider whether an asylum-seeker can be excused for missing an immigration hearing after her autistic children knocked over the papers containing the hearing date, a split Ninth Circuit ordered on Wednesday.

  • November 30, 2022

    2nd Circ. Revives Gay Peruvian Applicant's Asylum Claim

    The Second Circuit partially granted a petition on Wednesday filed by a gay Peruvian national seeking review of her denial of asylum, remanding it to the Board of Immigration Appeals, which the panel said provided no reasons for concluding that her coming out didn't justify her delay in applying for asylum. 

  • November 30, 2022

    Fast-Track Cases May Offset Courts' Record Asylum Grants

    Immigration courts approved a record number of asylum claims in 2022, but that surge may be derailed as more asylum-seekers are placed into expedited proceedings, where people face tougher odds of winning protection, according to a Syracuse University research organization.

  • November 30, 2022

    2nd Circ. Orders BIA To Rethink Nigerian Convict's Removal

    The Board of Immigration Appeals improperly overturned an immigration judge and greenlighted a convicted Nigerian woman's deportation when it ignored her cooperation with law enforcement against the ringleader of a $3 million fraudulent telemarketing scheme, the Second Circuit ruled Tuesday.

  • November 29, 2022

    Afghan Couple Rip Atty, Marine's Bids To Ax Kidnapping Case

    An Afghan child's family fired back Monday against bids to toss their lawsuit alleging that a Marine Corps judge advocate and his family kidnapped the child with the help of a lawyer in an illegal adoption proceeding, arguing the defendants' "twisted" dismissal bids ignore "detailed factual allegations" and misconstrue jurisdictional principles.

  • November 29, 2022

    Flight Co., Ex-Army Agent Added To Stranded Migrants' Suit

    Asylum-seekers who accused Florida Gov. Ron DeSantis of luring them onto Martha's Vineyard-bound flights with false promises of shelter and other aid added a flight company and an ex-Army counterintelligence agent as defendants in their lawsuit alleging constitutional violations. 

  • November 29, 2022

    Ex-ADI Worker's Bias Claim Revived In Trade Secrets Case

    A Boston federal judge said Tuesday he "jumped too quickly" to deny a former Analog Devices Inc. engineer's bid to clear his trade secrets theft conviction due to alleged anti-Asian bias by prosecutors, vacating the ruling and approving limited discovery.

  • November 29, 2022

    Justices Ruffled By 'Radical' Argument In Immigration Case

    Solicitor General Elizabeth Prelogar provoked strong, even personal, reactions from several justices Tuesday when she suggested during her defense of new guidelines for immigration officials on deportation that courts cannot "vacate" actions of federal agencies.

  • November 29, 2022

    Lady M Bakery Pays Fine Over Discriminatory I-9 Practices

    Boutique confectionery company Lady M has agreed to pay civil penalties and change its policies to resolve claims it discriminated against noncitizens when it required unnecessary documentation for the Form I-9 while verifying their employment eligibility to work in the United States, the U.S. Department of Justice announced Tuesday.

  • November 28, 2022

    Biden Admin. Turns Back On 10th Circ. 'China Initiative' Case

    The federal government asked the Tenth Circuit on Monday to dismiss its appeal of a lower court decision reversing three convictions prosecutors secured against a University of Kansas professor charged with hiding his connection to a Chinese university while receiving grants in the U.S.

  • November 28, 2022

    Title 42 Termination Spurs Migrant Processing Concerns

    Four Democratic senators pressed the U.S. Department of Homeland Security to answer questions about managing an expected increase in migrants crossing the southern border, in the wake of a D.C. district court's Dec. 21 deadline to end its Title 42 policy of swiftly expelling migrants under a public health order.

  • November 28, 2022

    8th Circ. Denies Father's Bid To Stay In US With Kids

    The Eighth Circuit shot down a Guatemalan father's contention that the U.S. Board of Immigration Appeals misapplied a hardship standard when denying his bid for cancellation of deportation on the basis his children would suffer extreme hardship without him.

Expert Analysis

  • Safeguarding Attorneys' Greatest Asset: Our Mental Health

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    Attorneys who understand that mental fitness is their most valuable characteristic should prioritize mental health care accordingly, including with certain activities they may not realize qualify as self-care, says Wendy Robbins at Holland & Knight.

  • Digital Nomads: Key Considerations For Global Businesses

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    As employers and employees embrace remote, location-independent work arrangements enabled by technology, they must be mindful of the employment law and tax consequences such arrangements may trigger, say Hannah Wilkins and Audrey Elliott at Eversheds Sutherland.

  • Top 10 Labor And Employment Issues In M&A Transactions

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    In order to ensure that M&A transactions come to fruition in the current uncertain environment, companies should keep several labor and employment issues in mind during the due diligence process to minimize risk, says Cassidy Mara at Akerman.

  • Opinion

    Law Schools Are Right To Steer Clear Of US News Rankings

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    By opting out of participating in the U.S. News & World Report annual rankings, law schools abandon a profoundly flawed system and free up their resources to adapt to the tsunami of changes overtaking the profession, says Nicholas Allard at Jacksonville University College of Law.

  • Opinion

    Litigation Funders Seek Transparency In Disclosure Debate

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    Litigation funders want to correct the record on calls for funding disclosure in the name of transparency, as this purported justification obscures the disclosure's adverse effects — prejudicing plaintiffs' cases and discouraging the assertion of meritorious legal claims, say Dai Wai Chin Feman and William Weisman at Parabellum Capital.

  • Employee Immigration Considerations For M&A Due Diligence

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    For a company going through a merger or acquisition, an immediate review of immigration issues, including compliance and impediments to employee retention, can remove several stumbling blocks known to trip up otherwise viable deals, say Elizabeth Gibbes and Miguel Manna at Parker Poe.

  • 5 Principles For Better Professional Development Programs

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    The pandemic and ensuing "great resignation" have resulted in a more transient legal work force, but law firms can use effective professional development programs to bridge a cultural gap with new associates and stem associate attrition, says Matthew Woods at Robins Kaplan.

  • Series

    My Favorite Law Prof: How I Learned To Practice With Passion

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    First Circuit Judge Gustavo Gelpí recalls how Suffolk University Law School's Joseph Glannon taught the importance of the law as both a tool and a profession, and that those who wish to practice law successfully must do so with love, enthusiasm and passion.

  • Questions To Ask Before Making A Lateral Move As Partner

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    Law firm partners considering lateral moves should diligently interview prospects — going beyond standard questions about compensation to inquire about culture, associate retention and other areas that can provide a more comprehensive view, says Lauren Wu at VOYLegal.

  • Series

    My Favorite Law Prof: How I Learned To Argue Open-Mindedly

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    Queens College President Frank Wu reflects on how Yale Kamisar’s teaching and guidance at the University of Michigan Law School emphasized a capacity to engage with alternative worldviews and the importance of the ability to argue for both sides of a debate.

  • ABA's No-Contact Rule Advice Raises Questions For Lawyers

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    The American Bar Association's ethics committee recently issued two opinions concerning the no-contact rule — one creates an intuitive and practical default for electronic communications, while the other sets a potential trap for pro se lawyers, say Lauren Snyder and Deepika Ravi at HWG.

  • 4 Key Skills For An Effective Attorney Coaching Conversation

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    As BigLaw firms are increasingly offering internal coaching as one of many talent strategies to stem ongoing lawyer attrition, Stacey Schwartz at Katten discusses how coaches can help attorneys achieve their goals.

  • Perspectives

    How Civilian Attorneys Can Help Veterans

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    With legal aid topping the U.S. Department of Veterans Affairs' annual list of unmet needs of veterans facing housing insecurity, nonmilitary volunteer attorneys can provide some of the most effective legal services to military and veteran clients, say Anna Richardson at Veterans Legal Services and Nicholas Hasenfus at Holland & Knight.

  • Series

    My Favorite Law Prof: How I Learned That Culture Shapes Law

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    U.S. District Judge Jed Rakoff of the Southern District of New York considers how a class with Jerry Cohen at Harvard Law helped him understand culture and history’s influence on jurisprudence, and how even seemingly settled law can evolve — all while espousing a more humanistic approach to teaching that restored Judge Rakoff's pride in being a lawyer.

  • 9 Legal Ethics Considerations In Natural Disaster Preparation

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    Since natural disasters like Hurricane Ian do not relieve lawyers of their ethical obligations to clients, law firms should focus their preparedness efforts on specific areas crucial to continuity of representation and ethics compliance, like business and communications contingency planning, record redundancy and more, says Mark Hinderks at Stinson.

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