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Immigration

  • October 22, 2018

    9th Circ. Won't Rehear Immigrant Driving Privileges Suit

    The Ninth Circuit on Monday declined to rehear its decision last month that courts do not have the power to overrule Oregon voters who rejected a proposed state law that would have allowed individuals to obtain driver’s licenses without needing to establish their legal immigration status.

  • October 22, 2018

    10th Circ. Rejects Venezuelan Army Deserter's Asylum Bid

    The Tenth Circuit on Monday denied a Venezuelan army deserter’s bid for asylum, finding that his descriptions of retaliation by the Venezuelan military over his perceived political opinions did not amount to persecution under asylum laws.

  • October 22, 2018

    Canadian Skating Champ Challenges 'Nonsensical' Visa Denial

    A Canadian figure skater denied a visa that would allow her to compete on the U.S. Olympic team has filed suit against U.S. immigration authorities, saying their failure to class her multiple ice dancing prizes as international recognition is "nonsensical."

  • October 22, 2018

    Army Recruits Seek To Toss Feds' Win Bid In Citizenship Row

    A class of noncitizen U.S. Army recruits challenging the imposition of added requirements for naturalization through a government program urged a District of Columbia federal court Friday to strike the Trump administration’s bid for a quick win, arguing the federal government’s motion doesn’t comply with filing requirements.

  • October 22, 2018

    6th Circ. Nixes Honduran Armed Robbery Victims' Asylum Bid

    The Sixth Circuit on Monday rejected a Honduran woman’s bid for protection under asylum, finding that her fear of gang violence in her home country did not meet the standard for persecution under the law.

  • October 22, 2018

    DOJ Challenge To Calif. Sanctuary Laws Stayed For Appeal

    A California federal judge has paused the U.S. Department of Justice’s lawsuit challenging several of California's “sanctuary” statutes that protect unauthorized immigrants from federal authorities, blocking the Golden State from conducting discovery in the district court proceedings while the federal government’s appeal to the Ninth Circuit is pending.

  • October 19, 2018

    Drug Law Change Not Retroactive For Immigrant: 5th Circ.

    The Fifth Circuit ruled Friday that a U.S. permanent resident convicted of possessing synthetic marijuana cannot be deported based on that crime because the drug had not yet been added to the federal controlled substances list when he committed the offense — even though it had been added by the time he was convicted.

  • October 19, 2018

    DLA Piper Adds Employment Partner In San Juan

    DLA Piper has bolstered its ranks in Puerto Rico by luring a seasoned employment lawyer from a boutique, adding a partner in San Juan whose experience runs the gamut of labor, employment, benefits and immigration issues.

  • October 19, 2018

    Sessions To Eye 'Duress' Defense For Persecutor Asylum Bids

    U.S. Attorney General Jeff Sessions referred another Board of Immigration Appeals case to himself on Thursday so he can review its findings, focusing this time on whether individuals deemed to be persecutors may duck deportation by arguing they were under “duress” when they performed the actions at issue.

  • October 19, 2018

    11th Circ. Won't Stop Deportation Of Honduran Woman

    The Eleventh Circuit has affirmed a Bureau of Immigration Appeals decision not to reopen a Honduran national's removal proceedings, ruling that even if her counsel had been more effective, she likely still would have been ordered deported.

  • October 19, 2018

    SEC Seeks $24M From San Francisco Cos. For EB-5 Fraud

    The U.S. Securities and Exchange Commission on Thursday urged a California federal judge to seek more than $23.9 million from companies owned by a businessman who had been accused of misappropriating funds through an EB-5 scheme, telling the judge that the alleged fraud was “not in dispute.”

  • October 19, 2018

    DOJ Trying to Reboot Sanctuary City Fight, Calif. Says

    California has told a federal judge that the Trump administration hasn't given up hopes of blocking sanctuary cities from obtaining federal public safety grants and is instead trying to dodge the court's ruling that the policy unconstitutionally violates the separation of powers. 

  • October 19, 2018

    Jay Peak Receiver, Ex-Owner Ink Deal In $350M EB-5 Suit

    The receiver for the failed Jay Peak EB-5 project asked a Florida federal judge Friday to approve a settlement ending the suit against a former ski resort owner over a $350 million investment fraud scheme, calling the deal an "important step" in allowing the receiver to sell the property and compensate investors.

  • October 18, 2018

    SEC Accuses Immigration Atty Of $10M EB-5 Fraud Scheme

    Federal securities authorities filed a civil complaint in California federal court Thursday accusing an immigration attorney and her husband of fraudulently making millions of dollars through a federal immigrant investor program.

  • October 18, 2018

    Feds Issue Summons To Immigration Atty Over Leaked Doc

    The Trump administration this week sent a summons to an attorney who operates an immigration law blog to try to shake out his source for a U.S. Immigration and Customs Enforcement internal memorandum that the lawyer publicly posted in July.

  • October 18, 2018

    EY Notches Top Spot For DOL Certified H-1B Visa Positions

    Accounting firm EY received the most labor certifications for specialty occupation visas of any company this year, according to recently released data from the U.S. Department of Labor, leading runner-up Deloitte Consulting LLP by nearly 7 percentage points.

  • October 18, 2018

    Trump Threatens To Send Troops To 'Close' US-Mexico Border

    President Donald Trump on Thursday threatened to send the U.S. military to "close" the southern border if Mexico does not stop the so-called onslaught of immigrants, including a caravan with thousands of Honduran migrants that is reportedly heading north toward the country.

  • October 18, 2018

    Enviros Sue Trump Admin. Over Border Wall Exemptions

    A coalition of environmental groups filed suit in D.C. federal court on Thursday against the U.S. Department of Homeland Security accusing it of improperly waiving a slew of laws and environmental protections so it can build 24.6 miles of border wall in two counties in Texas.

  • October 18, 2018

    Calif. Urges Justices To OK Depositions On Census Question

    The California attorney general has urged the U.S. Supreme Court to let 17 states and interest groups depose U.S. Department of Commerce Secretary Wilbur Ross in lawsuits challenging the Trump administration’s decision to add a citizenship question to the 2020 census.

  • October 18, 2018

    3rd Circ. Says Restitution Measures Victims' Loss Under INA

    The Third Circuit on Wednesday refused to stop the deportation of a Dominican citizen and longtime U.S. resident, upholding an immigration judge’s finding that the man’s counterfeiting conviction counted as an aggravated felony under immigration law.

Expert Analysis

  • Opinion

    USCIS ‘Public Charge’ Reg Would Add More Sand In Gears

    Jeffrey Gorsky

    One provision of a recently proposed rule by U.S. Citizenship and Immigration Services would require public charge investigations in routine nonimmigrant applications for change of status and extensions of stay. However, it is based on questionable legal authority and would mainly serve to further slow an already overstressed system, says Jeffrey Gorsky of Berry Appleman & Leiden LLP.

  • Need Litigation Finance? Don't Skip These 5 Steps

    Molly Pease

    The process of applying for litigation financing isn’t difficult, but few do it right the first time. Following five steps in your application process will help make sure litigation funders are convinced of the value of your company's legal claims, says Molly Pease of Curiam Capital LLC.

  • A Holistic Approach To Client Retention

    Dan Tacone

    In an era when law firms are fighting for business and clients can dictate the terms of the relationship, "value" has become a moving target. Firms that take a proactive approach by using strategies designed to articulate value over time will gain the competitive advantage, says Dan Tacone at Intapp Inc.

  • Tax Savings Available With Pre-Immigration Planning

    Patrick McCormick

    A multitude of tax considerations are relevant for those considering immigration to the United States. Taking action prior to immigration is paramount in both optimizing planning opportunities and avoiding prospective tax headaches, says Patrick McCormick of Drucker & Scaccetti.

  • Q&A

    A Chat With Allens Pricing Chief Pier D'Angelo

    Pier D'Angelo

    In this monthly series, Amanda Brady of Major Lindsey & Africa interviews management from top law firms about the increasingly competitive business environment. Here we feature Pier D'Angelo, chief pricing and practice officer at Allens.

  • 10 Key Points From New USCIS 'Notice To Appear' Policy

    Lisa Pino

    U.S. Citizenship and Immigration Services recently hosted a live teleconference to inform the public about a new policy memo concerning documents that notify and require recipients to appear in court before an immigration judge. Lisa Pino of Mayer Brown LLP discusses important implementation details.

  • Preap High Court Argument Focused On Immediacy Of 'When'

    Kevin Johnson

    Kevin Johnson, dean of UC Davis School of Law, discusses the U.S. Supreme Court oral argument in Nielson v. Preap, a case presenting the statutory question of whether an immigrant can be subject to mandatory detention by the federal government if significant time has elapsed after his release from state criminal custody.

  • Opinion

    The ABA Was Dead Wrong About Model Rule 8.4(g)

    Bradley Abramson

    In the two years since the American Bar Association's controversial anti-discrimination and harassment rule, only one state has adopted it, while numerous state supreme courts, state attorneys general and legal groups have correctly rejected Model Rule 8.4(g) as a threat to lawyers' First Amendment rights, says Bradley Abramson, an attorney with Alliance Defending Freedom.

  • Opinion

    The Supreme Court Should Become Boring

    Alexander Klein

    In the aftermath of Justice Brett Kavanaugh's confirmation, the U.S. Supreme Court should decline review of the nation's most polarizing political questions unless and until the questions become time-sensitive, says Alexander Klein, head of the commercial litigation group at Barket Epstein Kearon Aldea & LoTurco LLP.

  • Q&A

    Back To School: BC's Kent Greenfield Talks Corporate Law

    Kent Greenfield

    In this series featuring law school luminaries, Boston College Law School professor Kent Greenfield reflects on his corporate law theories, his legal battle with the Pentagon over free speech and gay rights, and important constitutional law issues to watch out for.