Immigration

  • May 13, 2021

    9th Circ. Revives Asylum Case Over Reading Disability

    An El Salvadoran woman who can't read and whose family mixed up the month and day of her immigration court hearing can seek asylum again, after the Ninth Circuit ruled that her exceptional circumstances warranted a second shot.

  • May 13, 2021

    Foster LLP Jumps Into Dallas Market With Acquisition

    Immigration boutique firm Foster LLP has acquired Elise Healy & Associates PLLC, marking its first plunge into the Dallas market.

  • May 12, 2021

    Calif. Court Mostly Denies Bid For Tesla Plant Worker Data

    A Tesla contractor has mostly escaped whistleblowers' demands for visa records identifying allegedly trafficked migrant workers, after a California federal judge ruled that the company wasn't required to turn over everything in its possession under a settlement agreement.

  • May 12, 2021

    Biden Rolls Back Devos Ban On Relief For Immigrant Students

    The Biden administration reversed a Trump-era policy that kept undocumented college students and other immigrants from receiving federal education relief grants to pay for expenses during the coronavirus pandemic.

  • May 12, 2021

    Repubs Say Admin. Made False Claims About Border Wall Halt

    Republican lawmakers on Wednesday said the Biden administration has made repeated false claims about the legality and status of its halt in border wall construction, urging the U.S. Government Accountability Office to take those issues into account as it reviews the pause.

  • May 12, 2021

    Lawmakers Eye ACA Coverage For Undocumented Immigrants

    Members of the U.S. House and Senate floated a bill Wednesday to lift a ban on undocumented immigrants purchasing care through the Affordable Care Act marketplace, a move that they say will reduce unfair and unjust barriers that perpetuate racial, economic, gender and health inequities in the U.S.

  • May 12, 2021

    Biden's 3rd Wave Of Judicial Picks Has 3 For Circuit Courts

    President Joe Biden tapped six women and lawyers of color for judicial spots Wednesday, including two for the Second and Tenth circuits who would become the only judges on those courts with experience as federal public defenders.

  • May 11, 2021

    NJ Farm Banned From H-2A Visa Program For 3 Years

    A New Jersey farm was barred from applying for H-2A temporary foreign worker visas for three years — the maximum penalty — after an administrative law judge found deplorable conditions at the laborers' onsite lodging. 

  • May 11, 2021

    Realty Group Wants Redo Of Decision Over ICE Lease

    A Rhode Island realty group has asked the U.S. Court of Federal Claims to reconsider its decision declaring it ineligible for a contract to provide office space for U.S. Immigration and Customs Enforcement, saying that the ruling insulates a flawed contracting process from judicial review.

  • May 11, 2021

    11th Circ. Won't Review Resident's Deportation Order

    The Eleventh Circuit on Tuesday said it did not have jurisdiction to review a permanent resident's appeal of a Board of Immigration Appeals decision upholding an immigration judge's removal order, despite the man's claim that he had not been informed by the judge that he could apply for preconclusion voluntary departure relief.

  • May 11, 2021

    Activists Ask 9th Circ. For Enviro Review Of DHS Programs

    Conservation groups backed by an anti-immigration think tank asked the Ninth Circuit Tuesday to revive their claims that certain U.S. Department of Homeland Security immigration programs must undergo environmental review, arguing a review exemption leads to higher immigration numbers, which then drives ecological degradation.

  • May 11, 2021

    Mass. Courthouse Arrest Suit Delayed Until 2022

    A lawsuit claiming U.S. Immigration and Customs Enforcement arrests at Massachusetts courthouses were illegal won't be resolved until at least 2022, after a federal judge granted the litigants time to assess a new Biden administration directive limiting such arrests.

  • May 11, 2021

    Hindu Org. Accused Of 'Shocking' Labor Abuses At NJ Temple

    A Hindu organization was hit with a lawsuit on Tuesday by Indian nationals who claim that religious leaders forced them into manual labor at a New Jersey temple, resulting in one death and rendering the rest captive under threats of violence.

  • May 11, 2021

    Judge Paez Gives Biden 3rd Opening On 9th Circ.

    President Joe Biden will have a third seat to fill on the influential Ninth Circuit when Judge Richard A. Paez takes senior status, after more than two decades on the court where he has seen major rulings on immigration, employment and intellectual property.

  • May 10, 2021

    3rd Circ. Denies Sri Lankan Nat'l Asylum Over Persecution

    The Third Circuit on Monday refused to grant asylum to a Sri Lankan man who claims he will suffer political persecution if he has to return to his home country, finding in a precedential opinion that he hasn't shown he suffered persecution based on his Tamil ethnicity or his political opinions.

  • May 10, 2021

    ACLU Sues ICE For Communications About Mass. Judge Case

    The American Civil Liberties Union of Massachusetts and a government watchdog sued federal immigration authorities on Monday, demanding communications concerning the government's ongoing criminal case against a Massachusetts state court judge accused of helping an undocumented immigrant evade custody.

  • May 10, 2021

    Biden Restores Immigration Program For Startup Founders

    The Biden administration is restoring an Obama-era program allowing foreign entrepreneurs to temporarily stay in the U.S. to oversee and grow startup businesses, the U.S. Department of Homeland Security said Monday.

  • May 10, 2021

    CBP Hit With Protest Over $21M Child Migrant Monitoring Deal

    Consulting firm Glocoms Inc. has protested a $20.8 million U.S. Customs and Border Protection contract to care for unaccompanied migrant children, saying the winning bidder's price was unrealistically low.

  • May 10, 2021

    Split 4th Circ. Won't Ax Evidence From Honduran's Arrest

    U.S. Department of Homeland Security officers broke the law when they arrested a Honduran national without a warrant, but courts lack the authority to keep post-arrest evidence from the man's trial on charges of entering the U.S. illegally, a divided Fourth Circuit panel said.

  • May 07, 2021

    Feds Say Fiance Visa Delay Suit Is Moot

    The State Department urged a D.C. federal court Friday to throw out a lawsuit over the slow processing of K-1 fiance visas, arguing that the case is moot after the department issued a "national interest" exemption to aid the applicants.

  • May 07, 2021

    Groups Decry Cuccinelli's Ariz. Immigration Deal As Invalid

    Immigration advocacy groups have weighed in on Arizona's lawsuit challenging the Biden administration's 100-day pause on deportations, saying the state's agreement to be consulted on immigration policy is invalid as it was signed by Ken Cuccinelli, an illegally appointed Trump official.

  • May 07, 2021

    CACI Can't Win Back $95M USCIS Award

    CACI Inc. couldn't convince the U.S. Government Accountability Office to restore a $95 million IT contract that it lost after corrective action, with the watchdog saying in an opinion released on Friday that the second evaluation process was reasonably conducted.

  • May 07, 2021

    Investor Says Feds' EB-5 Visa Delay Violates Statutory Duty

    A foreign investor is accusing the federal government of taking too long to process her EB-5 visa, saying in a suit filed Friday that the government's unexplained delays violate its statutory obligations to process visa applications in a timely manner.

  • May 07, 2021

    DHS Withdraws Proposal For More Immigrant Biometric Data

    The U.S. Department of Homeland Security on Friday withdrew a controversial, Trump-era proposal requiring immigrants and their American sponsors and children to hand over more biometric information for their visa applications than previously requested.

  • May 06, 2021

    17 New Immigration Judges Largely Held Prior Gov't Roles

    The first group of 17 immigration judges to begin working under the Biden administration includes eight former prosecutors, seven attorneys who counseled U.S. Immigration and Customs Enforcement and two who were most recently private practitioners, according to a Thursday announcement.

Expert Analysis

  • Judge's Rebuke Of Mass. AG Has Lessons For All Attorneys

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    A Massachusetts federal judge’s recent rebuke of the state Attorney General’s Office for refusing to respond to discovery requests in Alliance for Automotive Innovation v. Healey highlights six important considerations for attorneys who want to avoid the dreaded benchslap, say Alison Eggers and Dallin Wilson at Seyfarth.  

  • Font Considerations To Give Your Legal Briefs An Edge

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    Following the D.C. Circuit’s recent notice discouraging use of the font Garamond in legal briefs, Jason Steed at Kilpatrick looks at typeface requirements and preferences in appellate courts across the country, and how practitioners can score a few extra brief-writing points with typography.

  • Tips For Navigating The Visa Processing Backlog

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    The pandemic has caused U.S. embassies and consulates to fall far behind in visa processing, but new information from the U.S. Department of State can help practitioners determine where a client is in line and whether it's time to use other tools to reduce wait time, says Dominique Pando Bucci at Kurzban Kurzban.

  • Make Profitability Management Part Of Your Law Firm Culture

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    As the legal industry continues to change in the post-pandemic world, law firms should adapt to client demands by constantly measuring and managing the profitability of their services, says Joseph Altonji at LawVision.

  • 4 Trends In Discoverability Of Litigation Funding Documents

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    Recent rulings shed light on how courts and international arbitration tribunals decide if litigation funding materials are discoverable and reaffirm best practices that attorneys should follow when communicating with funders, say Justin Maleson at Longford Capital and Michele Slachetka and Christian Plummer at Jenner & Block.

  • How Immigration Ruling May Change Removal Proceedings

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    The U.S. Supreme Court’s recent Niz-Chavez v. Barr decision decisively resolves the circuit split over whether a noncompliant notice to appear can trigger an Immigration and Nationality Act timing provision, but less clear is the impact the ruling will have on motions to reopen or terminate removal proceedings, says Kevin A. Gregg at Kurzban Kurzban.

  • 7 Lessons For Young Lawyers Starting Their Careers

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    This year's law graduates and other young attorneys must recognize that the practice of law tests and rewards different skills and characteristics than law school, and that what makes a lawyer valuable changes over time, says Vernon Winters, retired partner at Sidley.

  • The Pandemic's Bright Spots For Lawyers Who Are Parents

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    The COVID-19 crisis has allowed lawyers to hone remote advocacy strategies and effectively represent clients with minimal travel — abilities that have benefited working parents and should be utilized long after the pandemic is over, says Chelsea Loughran at Wolf Greenfield.

  • Opinion

    Revise Mansfield Diversity Mandates To Also Benefit Veterans

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    The well-intentioned efforts and salutary purposes of the legal industry's Mansfield Rule diversity metric are tainted by the Diversity Lab initiative's omission of veterans, who are underrepresented at large law firms and entitled to advantageous treatment based on more than 200 years of public policy, says Robert Redmond at McGuireWoods.

  • Opinion

    Leverage The National Interest Waiver To Help US Economy

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    Understanding the intricacies and complexities of the national interest waiver, and positioning this immigration benefit to foreign nationals who are likely to create jobs for U.S. workers in health care, technology and other fields, are integral to post-pandemic economic recovery, says Miatrai Brown at Hayman Woodward.

  • Why The Future Law Firm Model Is Industry-Based Offerings

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    Multidisciplinary, industry-based groups at law firms allow for more holistic legal advice, lead to sustainable client relationships, and are likely to replace practice group monoliths at many firms, say Jennifer Simpson Carr at Furia Rubel, Timothy Corcoran at Corcoran Consulting and Mike Mellor at Pryor Cashman.

  • Thought Leadership's Critical Role In Law Firm Diversity

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    Minority attorneys are often underrepresented in conferences, media interviews and other law firm thought leadership campaigns, which affects their visibility with potential clients and their ability to advance at their firms, says John Hellerman at Hellerman Communications.

  • Opinion

    The Senate's Filibuster Rules Are Unconstitutional

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    The U.S. Senate filibuster rules are inconsistent with several provisions of the Constitution, and even if lawmakers decline to abolish the political tactic and no plaintiff can be found to bring its constitutional flaws before the courts, the Senate has at least three options to reduce filibuster use, says Kirk Jenkins at Arnold & Porter.

  • What Associates Should Consider Before Switching Practices

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    The current high demand for midlevel associates provides them a rare opportunity to potentially explore new practice areas, but associates should first ask themselves six questions to begin figuring out why a change sounds appealing, says Stephanie Biderman at Major Lindsey.

  • 4 Effective Ways To Prioritize Client Advocacy

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    To truly support a client going through a complicated lawsuit or a painful experience, lawyers must think beyond interpreting legal guidelines and navigating court proceedings, says attorney Scott Corwin.

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