• March 19, 2018

    BREAKING: High Court To Review Bond Hearings For Criminal Immigrants

    The U.S. Supreme Court agreed Monday to hear the federal government’s appeal of a case that found only convicted immigrants who enter immigration custody soon after being released from criminal custody may be detained without bond hearings.

  • March 16, 2018

    Advocates Want Immigration Arrests At Courthouses Blocked

    A group of noncitizens petitioned a Massachusetts state court on Thursday to prohibit Immigration and Customs Enforcement officers from performing civil immigration arrests at courthouses, arguing that such arrests impede the administration of justice.

  • March 16, 2018

    BIA Clarifies Review Of Drug Convictions For Deportations

    The Board of Immigration Appeals has determined that immigration judges do not have to only look to the section of the Controlled Substances Act that is most like the law under which an individual is convicted when determining whether a state offense is a felony that makes someone deportable.

  • March 16, 2018

    Texas Sanctuary City Lawsuit Unlikely To Find New Life

    A Fifth Circuit ruling upholding the constitutionality of most of a Texas state law aimed at barring so-called sanctuary cities is different enough from other litigation percolating through federal courts that it’s an unlikely candidate for U.S. Supreme Court review, experts say.

  • March 16, 2018

    BALCA Denies OK Of Maid’s Employment Over Flawed Report

    The Board of Alien and Labor Certification Appeals on Thursday affirmed a certifying officer’s denial of permanent labor certification for a maid in Pacific Palisades, California, finding that the employer's recruitment report was deficient.

  • March 16, 2018

    9th Circ. Affirms Ex-CBP Official's Bribery Convictions

    The Ninth Circuit on Thursday affirmed six jury convictions against a former U.S. Customs and Border Protection official for his participation in a scheme to pay bribes to government employees to obtain green cards and other benefits for immigrants, saying questions about his past were fair game.

  • March 16, 2018

    A Chat With Littler Info Chief Durgesh Sharma

    In this monthly series, legal recruiting experts at Major Lindsey & Africa interview management from top law firms about navigating an increasingly competitive business environment. Here we feature Durgesh Sharma, chief information officer at Littler Mendelson PC.

  • March 15, 2018

    Fed. Immigration Enforcement Is 'Indiscriminate,' Attys Say

    The American Immigration Lawyers Association released a report on Wednesday detailing the Trump administration’s mission to expand its immigration enforcement powers and quash the exercise of prosecutorial discretion in immigration cases.

  • March 15, 2018

    Manslaughter Try, But Not Manslaughter, Ruled Deportable

    In a ruling it acknowledged as “perhaps counterintuitive,” the Board of Immigration Appeals held Thursday that a conviction for attempted voluntary manslaughter under California state law exposes an immigrant to deportation while a conviction for voluntary manslaughter does not, as that statute is too broad to fit the federal definition of a crime of violence.

  • March 15, 2018

    USCIS To Require Immigrants' Own Signatures On Documents

    U.S. Citizenship and Immigration Services will require petitioners for immigration benefits to provide a valid signature on official documents and will no longer accept power of attorney signatures, according to an agency policy memorandum.

  • March 15, 2018

    11th Circ. Revives Christian Chinese Man's Asylum Bid

    The Eleventh Circuit on Thursday revived the asylum bid of a Chinese national, finding the U.S. government had not met its burden to prove that he could reasonably relocate within China to avoid further persecution because of his practice of Christianity.

  • March 15, 2018

    Asylum Seekers In 5 States Challenge Trump's Parole Policies

    Several asylum seekers filed a putative class action against the federal government in D.C. federal court Thursday, alleging the Trump administration is categorically denying parole requests at detention facilities in California, Michigan, New Jersey, New Mexico and Pennsylvania, in violation of the U.S. Constitution and federal laws and policies.

  • March 15, 2018

    Haitians’ Protected Status Nixed Due To Racial Bias, Suit Says

    A nonprofit group of lawyers who represent immigrants hit President Donald Trump and the U.S. Department of Homeland Security with a lawsuit in New York federal court Thursday challenging the decision to end temporary protected status for Haitians, saying the move was motivated by racial animus.

  • March 14, 2018

    Calif. Tries Again To Block Trump On 'Sanctuary' Threats

    The state of California on Tuesday asked a federal court to reconsider denying the state's bid to temporarily bar the Trump administration from potentially penalizing California for its so-called “sanctuary” policies towards immigrants unauthorized to be in the U.S.

  • March 14, 2018

    DOJ Lawyers Grilled On Legal Basis For Ending DACA

    A D.C. federal judge repeatedly pressed U.S. Department of Justice lawyers on Wednesday to explain the legal analysis undergirding the revocation of the Deferred Action for Childhood Arrivals program.

  • March 14, 2018

    BIA Asylum Case Sessions Referred To Himself Made Public

    A Board of Immigration Appeals decision in favor of a woman seeking asylum that U.S. Attorney General Jeff Sessions had referred to himself to review last week was made public on Tuesday after former immigration judges and advocates called for more transparency.

  • March 14, 2018

    Jay Peak Receiver Seeks OK On $1.5M Deal With Contractor

    The court-appointed receiver for the failed Jay Peak EB-5 project asked a Florida federal judge Tuesday to approve a $1.5 million settlement agreement with contractor PeakCM LLC, which represents a discount from the company's initial $2.75 million in claims.

  • March 14, 2018

    BALCA Affirms Denial Of H-2B Visas To Texas Pool Contractor

    A Texas-based swimming pool contractor failed to justify why it needed exactly 10 H-2B visas so it could hire foreign-born employees on a temporary basis, an administrative law judge with the Board of Alien Labor Certification Appeals determined on Tuesday.

  • March 14, 2018

    Feds Can’t Duck Philly’s Suit Over Sanctuary City Funds

    The city of Philadelphia can continue its fight against the Trump administration’s efforts to cut off federal public safety funding for so-called sanctuary cities after a Pennsylvania federal judge declined Attorney General Jeff Sessions' bid to toss the city's suit, saying that it sufficiently claims the new rules are arbitrary.

  • March 14, 2018

    AGs Urge Congress To Save Immigrants' Protected Status

    A coalition of 19 state attorneys general urged congressional leaders Tuesday to pass legislation allowing immigrants with temporary protected status from El Salvador and Haiti to remain in the United States, saying that conditions in those countries remain "too dangerous" for them to return.

Expert Analysis

  • Lawyering A La Carte: Unbundled Dispute Resolution Services

    David Wallace

    There's no reason for limiting unbundled legal services to family law or even pro se litigants. Wider adoption, especially by litigators, presents an opportunity to correct law's distribution and pricing problem, to make justice practically available to all, and to dethrone litigation as the "sport of kings," says New York-based trial lawyer David Wallace.

  • You’re Perfect, Now Change: Perfectionism Hurts Lawyers

    Peter Norman

    Like medical professionals, lawyers often resist policies to reduce errors due to the culture of perfectionism that permeates the industry. Autonomy is key to the legal professional's prestige and the outward demonstration of competence is key to maintaining autonomy, says Peter Norman of Winnieware LLC.

  • Opinion

    Grassley, Feinstein Debate Judicial Vetting, Obstruction

    Sen. Chuck Grassley

    It is undisputed that in his first year in office President Trump was able to confirm a significant number of judges to the federal bench. How it happened — and whether it's a good thing — are debated here by Sen. Chuck Grassley, R-Iowa, and Sen. Dianne Feinstein, D-Calif.

  • Congressional Forecast: March

    Layth Elhassani

    Upcoming congressional action for the duration of March appears likely to resolve the budget and appropriations impasse of the last several months, after U.S. House and Senate leaders and the White House were able to reach an agreement last month on topline spending numbers for fiscal year 2018, say Layth Elhassani and Kaitlyn McClure of Covington & Burling LLP.

  • 10 Tips For Working With IT To Preserve Data

    John Tredennick

    Increasingly, when courts impose a “legal hold” they require legal supervision of the preservation process, meaning lawyers must rely heavily on information technology professionals to execute the mechanics. John Tredennick of Catalyst Repository Systems and Alon Israely of TotalDiscovery offer insights on how legal and IT can work together to make the process more efficient and fulfill the company’s legal obligations.

  • High Court Tackles Constitutional Avoidance Doctrine

    Geoffrey Hoffman

    In Jennings v. Rodriguez the U.S. Supreme Court recently allowed the constitutional claims of Alejandro Rodriguez and those similarly situated to go forward on remand. However, the court’s clarification of the “constitutional avoidance doctrine” will have ramifications for years to come, says Geoffrey Hoffman of the University of Houston.

  • EB-1A: The Holy Grail Of Immigration Categories

    Matthew Kolodziej

    As it becomes harder to obtain other common visas, the EB-1A extraordinary ability immigrant category has become more and more attractive. However, it is also one of the most difficult to obtain, and may become even more so after implementation of “extreme vetting” policies by the Trump administration designed to tighten immigration requirements, says Matthew Kolodziej of Jia Law Group.

  • Protecting Privilege In Litigation Financing Negotiations

    Eric Robinson

    Multiple courts have held that discoverable material from negotiations with a litigation funder, when executed properly, can be attorney work product and immune from disclosure in the later litigation. The recent Acceleration Bay decision is indicative of what happens when difficult facts conflict with best practices, says Eric Robinson of Stevens & Lee PC.

  • How The E-2 Visa Aligns With Trump's Immigration Goals

    Matthew Minor

    Because several aspects of the E-2, or treaty investor, visa fit neatly with President Donald Trump's “Buy American, Hire American” policy, it is an excellent time for foreign nationals who may meet certain eligibility requirements to consider advancing a case in this visa category, says Matthew Minor of Hammond Law Group LLC.

  • Why Machine Learning Should Matter To Lawyers

    Dan Puterbaugh

    Legal leaders who want to meet their clients' expanding expectations should start moving their documents to future-ready document management solutions now if they want to stay competitive in the next few years, says Dan Puterbaugh of Adobe Systems Inc.