Immigration

  • July 19, 2019

    Gang Crime Doesn't Warrant Deportation, 4th Circ. Says

    The Fourth Circuit on Friday threw out a removal order against a U.S. green card holder convicted of gang participation, finding the Virginia anti-gang law he violated covers lesser offenses, like trespassing, that do not merit deportation.

  • July 19, 2019

    Employment Hires: Reed Smith, Fox Rothschild

    Reed Smith LLP has lured a team of employment law pros from Morgan Lewis & Bockius LLP, while a former Clark Hill PLC partner has jumped back to her old firm Fox Rothschild LLP, headlining Law360's latest roundup of lateral moves in the labor and employment arena.

  • July 19, 2019

    Man With Schizophrenia Got Fair Removal Hearing: 5th Circ.

    The Fifth Circuit on Thursday let stand a deportation order against a Haitian man with schizophrenia, saying a judge had properly followed necessary safeguards during his immigration proceedings.

  • July 19, 2019

    Citizenship Test To Get 1st Facelift In 10 Years

    U.S. Citizenship and Immigration Services plans to revise the U.S. citizenship test for the first time since it was last updated in 2009, the agency announced on Friday.

  • July 19, 2019

    States Urge Justices To Reject Trump's Border Wall Funding

    California and New Mexico urged the U.S. Supreme Court on Friday not to stay a federal court ruling that keeps President Donald Trump from pulling $2.5 billion to pay for the construction of a southern border wall, arguing that it would interfere with state laws.

  • July 19, 2019

    Advocates Seek Info On Deportation Program For Convicts

    Immigrant advocates announced Friday that they had filed suit in New York federal court seeking records relating to a Trump administration program that allegedly allows immigration judges to conduct removal proceedings for noncitizens while they are serving criminal sentences.

  • July 19, 2019

    Massachusetts Cases To Watch: Midyear Report

    Boston courthouses have been hopping as spring has turned to summer and high-profile white collar cases, the anticipated verdict in a landmark education and employment case, and a pair of cases dealing with courthouse immigration arrests have been filling up the Bay State's dockets. Here, Law360 highlights some of the most important cases to watch in the second half of 2019.

  • July 18, 2019

    House Dems Press McAleenan On Separated Migrant Babies

    The acting head of the U.S. Department of Homeland Security ducked questions from a House committee on Thursday about why babies as young as 4 months were separated from their parents during the so-called “zero tolerance” policy on unauthorized border crossings.

  • July 18, 2019

    Bill Roundup: CBP Standards, Migrant Military Families

    Democrats in both chambers of Congress have recently introduced legislation aiming to establish new baseline standards for immigration detention and the care of immigrant minors in light of reports of unsafe conditions in border facilities, as well as deportation protection for military families. Here, Law360 examines their proposals.

  • July 18, 2019

    Calif. Staffing Co. Must Pay 2 H-1B Workers $58K, DOL Says

    A California staffing agency on Wednesday paid two foreign employees more than $58,000 after the U.S. Department of Labor found that the company illegally charged one employee for visa application fees and underpaid another employee in violation of the H-1B program.

  • July 18, 2019

    Feds Want 'Breathtaking' ACLU Border Search Case Nixed

    An American Civil Liberties Union lawyer said requiring warrants for cellphone searches at the border would do little to impede the work of immigration officials while a government attorney said the "breathtaking" ACLU ask would undermine the nation's security, in dueling arguments before a federal judge Thursday.

  • July 18, 2019

    Ambiguous Conviction Can't Support Deportation: 9th Circ.

    The full Ninth Circuit found on Thursday that, under U.S. Supreme Court precedent, an immigrant cannot be denied deportation relief on the basis of a conviction that is ambiguous about the nature of the underlying offense.

  • July 18, 2019

    9th Circ. Reopens Mexican's Removal Case Over Bad Counsel

    A Mexican man who was ordered to be deported over his state conviction for sexual abuse of a minor can reopen his case for ineffective counsel, the Ninth Circuit ruled Thursday, giving him another chance to argue that he would likely be tortured if he returned to his home country.

  • July 17, 2019

    USCIS Special Immigrant Juvenile Policy Blocked, For Now

    A Washington federal judge on Wednesday granted class certification to a group of young migrants challenging a U.S. Citizenship and Immigration Services rule change making it more difficult for them to get special protections, and temporarily blocked the agency from implementing the policy in the Evergreen State.

  • July 17, 2019

    'May I Just Ask': Era Of Civility Passes With Justice Stevens

    Former clerks and attorneys remember Justice John Paul Stevens, who died Tuesday night at the age of 99, for his trenchant mind and his unending civility. Does his passing mark an end to an era of collegiality on the bench?

  • July 17, 2019

    Justice Stevens' Chevron Legacy Under Attack

    Justice John Paul Stevens' landmark decision in Chevron USA Inc. v. NRDC shaped the course of administrative law, and his legacy, for decades. But a recent wave of criticism shared by members of the current court threatens to erase a doctrine that has long bolstered federal regulators' sway over corporate America.

  • July 17, 2019

    'Kindness, Humility, Wisdom': Justices Remember Stevens

    A day after retired U.S. Supreme Court Justice John Paul Stevens died at the age of 99, his colleagues paid tribute to the third-longest-serving member of the high court, cherishing his devotion to public service, his kindness and his unwavering commitment to justice.

  • July 17, 2019

    The Stories They Tell About Justice Stevens

    Justice John Paul Stevens had a legendary reputation as one of the most humble and caring members of the court. His clerks related some tales that show why.

  • July 17, 2019

    Hear Justice Stevens In 5 Memorable Moments On The Bench

    Justice John Paul Stevens was known for being collegial and kind, but he also wasn’t one to mince words. Listen to a few of the justice’s most memorable words from the bench, in majority opinions, sharply worded dissents and at oral argument.

  • July 17, 2019

    Justice Stevens' High Court Legacy In 4 Charts

    In this data deep-dive, Law360 examines retired Justice John Paul Stevens’ long tenure, his relatively breezy confirmation, his transformation from a run-of-the-mill Republican appointee to runaway liberal, and the legacy that lives on in his clerks.

  • July 17, 2019

    Bail Bondswoman Gets 3 Years For Smuggling Immigrants

    A Texas-based bail bondswoman and hotel owner has been sentenced in New York federal court to three years in prison for smuggling hundreds of unauthorized immigrants from India into the U.S., prosecutors said Wednesday.

  • July 17, 2019

    South Miami Fights Florida's New 'Anti-Immigrant' Legislation

    The city of South Miami and several immigrant advocacy groups have filed suit in Florida federal court over a new "anti-immigrant" law banning so-called sanctuary policies, saying the legislation was designed by alleged hate groups to create fear in the state.

  • July 17, 2019

    Trump's Asylum Restrictions Face 2nd Legal Challenge

    The Trump administration was hit with a second lawsuit on Wednesday that challenges new restrictions on migrants seeking asylum at the U.S.-Mexico border after they’ve crossed through a third country.

  • July 17, 2019

    Saul Ewing Adds International Tax Partner In Fla.

    Saul Ewing Arnstein & Lehr LLP has bolstered its tax and global immigration and foreign investment practices with the addition of a new partner in its Miami office, the firm announced.

  • July 17, 2019

    Day Care Center Intervenor Wants Atty Fees In EB-5 Row

    An adult day care center developer that intervened in a real estate dispute between a California lawyer and her former client over a $500,000 investment gone wrong and an EB-5 investor visa that never materialized has asked a California federal judge for $235,000 in attorney fees.

Expert Analysis

  • Remembering Justice Stevens As A Law Firm Leader

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    Rothschild Barry's John Coffey, who joined Justice John Paul Stevens' law firm in 1965, shares what it was like to watch Justice Stevens practice law, mentor younger lawyers and land a malfunctioning plane.

  • Answers To Key Legal Finance Ethics Questions

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    While there is discussion in some quarters about new regulations on commercial legal finance, the hands-off approach taken by the majority of courts and legislatures is an implicit recognition that it is already sufficiently regulated, says Danielle Cutrona of Burford Capital.

  • Federal Agencies Need A Uniform Record-Keeping Process

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    The administrative record is very important to federal agency litigation — as showcased in last month's U.S. Supreme Court decision concerning the addition of a citizenship question to the 2020 census — yet there is no set of consistent principles to guide agencies in compiling these official records, say attorneys at WilmerHale.

  • The Role Of Dictionaries In Last Term's High Court Decisions

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    Since 32 of the 67 decisions issued by the U.S. Supreme Court during its October term cite dictionaries, it’s worth reviewing the opinions to learn which dictionaries the justices consulted and how they used them, say Bruce Wessel and Brian Weissenberg of Irell & Manella.

  • How To Evaluate The Rise In Legal Employment

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    Although the rate of employment for law school graduates — which had been falling steadily — saw a small increase over the last year, other factors, such as fewer graduates overall and potential future job growth stagnation, temper the good news for those pursuing law degrees, say Tiffane Cochran and Tyler Grimm of AccessLex Institute.

  • Opinion

    The Business Case For Championing Diverse Legal Teams

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    Leveraging the collective strengths of a diverse workforce is not only the right thing to do, it’s a strategic imperative for any successful firm or business, says Louise Pentland, executive vice president and chief business affairs and legal officer of PayPal.

  • Rethinking The Tech-First Approach To Law Firm Solutions

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    When a lawyer complains about some workflow inefficiency they are having, the knee-jerk reaction of many firms is to look for a technology-based workaround. This overlooks the importance of human psychology and behavior, which may be the root of the problem, says Ryan Steadman of Zero.

  • High Court Breaks New Ground On Reviewing Agency Actions

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    In U.S. Department of Commerce v. New York, the U.S. Supreme Court last week blocked, for now, the addition of a question about citizenship status to the upcoming census, but the debates between the justices on assessing “arbitrary and capricious” agency action and reviewing for pretext will have lasting importance, says Steven Gordon at Holland & Knight.

  • Top 10 Techniques For Crafting A Dazzling Brief

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    Legal writing often falls flat not because it’s unorganized, but because it’s technically unsound and riddled with gaffes that cheapen and degrade it. Avoiding the most common mistakes will keep judges interested and, most importantly, make them trust you, says Daniel Karon of Karon LLC.

  • Q&A

    A Chat With Ballard Spahr Diversity Chief Virginia Essandoh

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    In the final installment of this monthly series, legal recruiting expert Carlos Pauling from Major Lindsey & Africa talks with Virginia Essandoh about the trends and challenges she sees as chief diversity officer at Ballard Spahr.

  • Series

    Judging A Book: McMahon On 'Roosevelt For The Defense'

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    In "Theodore Roosevelt for the Defense," authors Dan Abrams and David Fisher meticulously chronicle the forgotten high-profile 1915 libel trial of Teddy Roosevelt, capturing the interesting legal customs of an era before things like notice pleading and pretrial discovery, says Chief U.S. District Judge Colleen McMahon of the Southern District of New York.

  • How INA Poses Citizenship Hurdles In Int'l Surrogacy Cases

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    The Immigration and Nationality Act was written in 1952, long before fertility treatments, surrogacy, sperm donors and the federal recognition of same-sex marriage. As several recent citizenship cases demonstrate, the anachronistic law fails to accommodate the intersection of same-sex marriage and international surrogacy, says Maya Shulman of Shulman Family Law Group.

  • Perspectives

    Border Phone Search Questions Continue In Federal Court

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    A Massachusetts federal court's eventual decision on cellphone searches at the U.S. border in Alasaad v. Nielsen will further illustrate the differences in how federal courts apply the U.S. Supreme Court's 2014 decision in Riley v. California to the warrant-requirement exception for border searches, says Sharon Barney at Leech Tishman.

  • 5 Ways Law Firms Can Improve Their Job Interviews

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    When evaluating potential new hires, law firms should utilize structured interviews in order to create a consistent rating system that accurately and effectively assesses candidates' skills and competencies, says Jennifer Henderson of Major Lindsey.

  • Opinion

    Gov't Scrutiny Of Social Media Will Unduly Hinder Immigration

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    The U.S. Department of State's recent decision to collect five years’ worth of social media information for all visa applicants will result in the Trump administration having unfettered discretion to deny visas to anyone for arbitrary and capricious reasons — or for no reason at all, says Tahmina Watson of Watson Immigration Law.