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Immigration
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October 09, 2024
Marine In Afghan Baby Kidnapping Suit Won't Be Discharged
A U.S. Marine attorney accused of kidnapping an Afghan child has reportedly avoided getting booted from the military despite a Marine Corps panel on Tuesday finding he engaged in conduct unbecoming of an officer in his fight over the child.
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October 09, 2024
Settlement Approved For DACA Loan Discrimination Suit
A California federal judge gave the green light to a settlement that will end a proposed class action accusing First Tech Federal Credit Union of denying home loans to recipients of the Deferred Action for Childhood Arrivals program.
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October 09, 2024
Yale Must Answer Ex-Student's 'Execution' Fears, Judge Says
A judge has ordered Yale University to respond to an expelled student's fears of execution if he is deported to Afghanistan as she mulls lifting a ban on naming a classmate who accused the ex-student of sexual assault in litigation connected to a key Title IX ruling.
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October 09, 2024
Staffing Biz Deemed A Contractor Can't Get H-2B Workers
A U.S. Department of Labor appeals board rejected a Florida staffing agency's bid to hire 15 food "batchmakers" through the H-2B visa program, ruling on Wednesday that the company failed to provide enough evidence that it's not a contractor.
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October 09, 2024
Constangy Appoints Additional Immigration Leadership
Labor and employment boutique Constangy said Wednesday that a North Carolina partner is stepping up to co-chair the firm's immigration practice group.
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October 09, 2024
DOL Fines Farm Labor Contractor, Bars It From H-2A Program
A farm labor contractor based in Washington state will pay more than $252,000 and be barred from participating in the H-2A temporary worker program for three years after underpaying workers and putting their safety at risk, the U.S. Department of Labor announced.
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October 08, 2024
Texas AG Says USCIS Must Hand Over Voter Citizenship Data
Texas is re-upping its demand that U.S. Citizenship and Immigration Services turn over any information it has regarding the citizenship status of nearly half a million people the state believes might be illegally registered to vote.
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October 08, 2024
Jackson, Kagan Target Loper Bright In Ghost Gun Case
U.S. Supreme Court Justice Ketanji Brown Jackson was uncharacteristically quiet during initial arguments Tuesday over the federal government's authority to regulate ghost guns. While her colleagues debated whether kits of unassembled parts qualify as firearms, she waited patiently to post a different question: Can courts now toss agency interpretations they don't like?
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October 08, 2024
1st Circ. Says 'Nothing We Can Do' To Help Salvadoran Family
The First Circuit on Monday rejected a petition for asylum from a Salvadoran family fleeing MS-13 gang violence, acknowledging that the issue is "rampant" in the Central American country but saying their hands are tied from helping the petitioners.
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October 08, 2024
9th Circ. Says Mexican Family Was Persecuted By Cartel Violence
A Mexican mother and daughter will get another shot at asylum after the Ninth Circuit ruled on Tuesday that the Board of Immigration Appeals wrongly determined that cartel violence, including kidnapping, physical assault and murder, isn't persecution.
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October 08, 2024
Contractors Tell 5th Circ. They Belong In Border Wall Suit
Border wall construction firms urged the Fifth Circuit to insert them into Texas' suit challenging the Biden administration's border wall spending plan, saying they were barred from the case even though it threatens their financial rights under their old contracts.
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October 07, 2024
Trump Primed To Withstand Immigration Litigation If He Wins
Republican presidential nominee Donald Trump is poised to go full throttle on a restrictive immigration agenda should he win in November, with new federal court precedent more favorable to backing his policies the second time around.
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October 07, 2024
9th Circ. Revives Asylum App Denied Over Alleged Plagiarism
The Ninth Circuit revived an asylum application from an Indian national allegedly persecuted for his membership in a Sikh separatist political party, saying an immigration judge incorrectly denied the application based on its general similarities with other Indian nationals' asylum applications.
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October 07, 2024
Fabricator's New Work Site Can't Justify H-2B Bid, Judge Says
A California-based fabricator couldn't convince the U.S. Department of Labor that a contract in a new location warranted hiring foreign welders and fitters, with an agency judge finding little in the contract that distinguished the job from the company's regular business.
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October 07, 2024
Court Punts Case Over Trump's 'Eating The Dogs' Comments
An Ohio county prosecutor is better suited than a court to decide if criminal charges are warranted against Donald Trump and vice presidential candidate JD Vance for allegedly fueling harassment, including bomb threats, against Haitian migrants, an Ohio court has ruled.
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October 07, 2024
High Court Skips On Challenge Of Fair Housing Claims Limits
The U.S. Supreme Court said Monday that it will not probe the Fourth Circuit's January decision unwinding a summary judgment win for a manufactured-home park in a suit from immigrant families challenging a policy requiring residents to show proof of legal residency.
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October 07, 2024
Justices Spurn 'Chicken-And-Egg' Green Card Process
The U.S. Supreme Court on Monday said it won't review a Ninth Circuit decision finding that the federal government had wide latitude to consider the availability of employment-based visas before approving green card applications.
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October 04, 2024
Top 5 Supreme Court Cases To Watch This Fall
The U.S. Supreme Court will hear several cases in its October 2024 term that could further refine the new administrative law landscape, establish constitutional rights to gender-affirming care for transgender minors and affect how the federal government regulates water, air and weapons. Here, Law360 looks at five of the most important cases on the Supreme Court's docket so far.
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October 04, 2024
Jury Finds Cognizant Biased Against Non-Indian Workers
A California federal jury found Friday that Cognizant Technologies engaged in a "pattern or practice" of intentional discrimination against a class of non-South Asian and non-Indian employees who were terminated, setting the stage for a second phase that will determine damages against the IT giant.
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October 04, 2024
Harris, If Elected, Expected To Address Root Migration Causes
Vice President Kamala Harris has made clear she will make border security and asylum curbs a prominent part of her immigration agenda, and her experience working on the root causes of migration could bolster efforts to suppress migration.
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October 04, 2024
US Defends Decision Denying H-1B Visa Relocation Request
The U.S. government is urging a California federal judge to throw out claims from a company that sells software to cannabis businesses alleging that U.S. Citizenship and Immigration Services arbitrarily denied an H-1B visa worker's relocation request, saying the government was required to determine if the work would violate federal law.
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October 04, 2024
EB-5 Partner Accuses NC Atty Of Aiding Investor Coup
A company created to protect an investment project supporting green card applications for Chinese nationals accused a North Carolina attorney in state court of helping shareholders try to place the company into receivership and take control of a $30 million fund.
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October 04, 2024
NY Immigration Boutique Buys Retiring Pro's Firm
New York immigration boutique Cyrus D. Mehta & Partners LLC has bought the decades-old Claudia Slovinsky & Associates PLLC from its retiring owner and founder.
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October 03, 2024
Cognizant Worker Transfers From India Declining, Jury Told
Cognizant Technologies rested its defense Thursday of class action claims that it is biased toward Indian workers after a company executive testified that the number of employee transfers from India to the U.S. has steadily decreased since 2014, bringing to a close live testimony in the racially charged retrial.
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October 03, 2024
UC Regents Sued Over Ban On Undocumented Student Jobs
The University of California has the authority to hire undocumented students to fill campus jobs, but it's refusing to exercise that authority and thus discriminating against thousands of students enrolled at campuses across the state, according to a petition filed in California appellate court.
Expert Analysis
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8 Childhood Lessons That Can Help You Be A Better Attorney
A new school year is underway, marking a fitting time for attorneys to reflect on some fundamental life lessons from early childhood that offer a framework for problems that no legal textbook can solve, say Chris Gismondi and Chris Campbell at DLA Piper.
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How A Trump Win Might Affect The H-1B Program
A review of the Trump administration's attempted overhaul of the H-1B nonimmigrant visa program suggests policies Donald Trump might try to implement if he is reelected, and specific steps employers should consider to prepare for that possibility, says Eileen Lohmann at BAL.
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Opinion
This Election, We Need To Talk About Court Process
In recent decades, the U.S. Supreme Court has markedly transformed judicial processes — from summary judgment standards to notice pleadings — which has, in turn, affected individuals’ substantive rights, and we need to consider how the upcoming presidential election may continue this pattern, says Reuben Guttman at Guttman Buschner.
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Illinois May Be Gearing Up To Ban E-Verify
Recently passed amendments to the Illinois Right to Privacy in the Workplace Act appear to effectively ban the use of E-Verify in the state, but ambiguity means employers will have to weigh the risks of continued use while also taking note of other work authorization requirements imposed by the updates, say Julie Ratliff and Elizabeth Wellhausen at Taft.
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Series
Playing Diplomacy Makes Us Better Lawyers
Similar to the practice of law, the rules of Diplomacy — a strategic board game set in pre-World War I Europe — are neither concise nor without ambiguity, and weekly gameplay with our colleagues has revealed the game's practical applications to our work as attorneys, say Jason Osborn and Ben Bevilacqua at Winston & Strawn.
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Mental Health First Aid: A Brief Primer For Attorneys
Amid a growing body of research finding that attorneys face higher rates of mental illness than the general population, firms should consider setting up mental health first aid training programs to help lawyers assess mental health challenges in their colleagues and intervene with compassion, say psychologists Shawn Healy and Tracey Meyers.
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Series
Collecting Art Makes Me A Better Lawyer
The therapeutic aspects of appreciating and collecting art improve my legal practice by enhancing my observation skills, empathy, creativity and cultural awareness, says attorney Michael McCready.
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A Primer On Navigating The Conrad 30 Immigration Program
As the Conrad 30 program opens its annual window to help place immigrant physicians in medically underserved areas, employers and physicians engaged in the process must carefully understand the program's nuanced requirements, say Andrew Desposito and Greg Berk at Sheppard Mullin.
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Litigation Inspiration: Honoring Your Learned Profession
About 30,000 people who took the bar exam in July will learn they passed this fall, marking a fitting time for all attorneys to remember that they are members in a specialty club of learned professionals — and the more they can keep this in mind, the more benefits they will see, says Bennett Rawicki at Hilgers Graben.
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Opinion
AI May Limit Key Learning Opportunities For Young Attorneys
The thing that’s so powerful about artificial intelligence is also what’s most scary about it — its ability to detect patterns may curtail young attorneys’ chance to practice the lower-level work of managing cases, preventing them from ever honing the pattern recognition skills that undergird creative lawyering, says Sarah Murray at Trialcraft.
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A Class Action Trend Tests Limit Of Courts' Equity Powers
A troubling trend has developed in federal class action litigation as some counsel and judges attempt to push injunctive relief classes under Rule 23(b)(2) of the Federal Rules of Civil Procedure beyond the traditional limits of federal courts' equitable powers, say attorneys at Jones Day.
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Series
Round-Canopy Parachuting Makes Me A Better Lawyer
Similar to the practice of law, jumping from an in-flight airplane with nothing but training and a few yards of parachute silk is a demanding and stressful endeavor, and the experience has bolstered my legal practice by enhancing my focus, teamwork skills and sense of perspective, says Thomas Salerno at Stinson.
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Why Now Is The Time For Law Firms To Hire Lateral Partners
Partner and associate mobility data from the second quarter of this year suggest that there's never been a better time in recent years for law firms to hire lateral candidates, particularly experienced partners — though this necessitates an understanding of potential red flags, say Julie Henson and Greg Hamman at Decipher Investigative Intelligence.
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Series
After Chevron: Courts Will Still Defer To Feds On Nat'l Security
Agencies with trade responsibilities may be less affected by Chevron’s demise because of the special deference courts have shown when hearing international trade cases involving national security, foreign policy or the president’s constitutional authority to direct such matters, say attorneys at Venable.
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What 7th Circ. Collective Actions Ruling Means For Employers
With the Seventh Circuit’s recent Fair Labor Standards Act ruling in Vanegas v. Signet Builders, a majority of federal appellate courts that have addressed the jurisdictional scope of employee collective actions now follow the U.S. Supreme Court's limiting precedent, bolstering an employer defense in circuits that have yet to weigh in, say attorneys at Jackson Lewis.