Immigration

  • June 29, 2022

    Breyer To Officially Step Down Thursday At Noon

    Justice Stephen Breyer, a key member of the Supreme Court's liberal bloc since he joined in 1994, will officially retire from the high court at noon on Thursday as Justice-designate Ketanji Brown Jackson takes the oaths to become the 116th member of the institution.

  • June 29, 2022

    Feds Scrap Trade Secrets Case Against Ex-ADI Worker's Wife

    Federal prosecutors in Boston dismissed charges against the wife of a former Analog Devices Inc. engineer after the husband largely beat a case alleging he stole company trade secrets to jump-start his own computer chip business.

  • June 28, 2022

    2nd Circ. Reverses BIA On Dual Citizen Refugee Question

    The Second Circuit held on Tuesday that a dual national asylum-seeker can qualify as a refugee by showing persecution in just one of their countries of nationality, reversing a lower tribunal's decision.

  • June 28, 2022

    White House Reviewing Immigration Fee Changes

    The White House is reviewing upcoming changes to the fees U.S. Citizenship and Immigration Services charges immigrants seeking citizenship and other immigration benefits, with an eye to releasing the proposal in September for public feedback.  

  • June 28, 2022

    9th Circ. Says Salvadoran Ineligible For 2nd Deportation Relief

    The Ninth Circuit affirmed a Board of Immigration Appeals decision rejecting a Salvadoran man's second request for deportation relief, saying he was granted a cancellation of a removal order that rendered him ineligible for a second grant under another law.

  • June 28, 2022

    Biden's Pick To Lead ICE Pulls Long-Pending Nomination

    The Texas sheriff whom President Joe Biden tapped to lead U.S. Immigration and Customs Enforcement has withdrawn his nomination after a 14-month standoff in the U.S. Senate, continuing ICE's five-year streak without a Senate-confirmed director.  

  • June 27, 2022

    7th Circ. Won't Let Red States Step Into Public Charge Fight

    The Seventh Circuit on Monday refused to allow a group of Republican-led states to intervene in a dispute over a Trump-era public charge rule that the Biden administration has already begun redrafting.

  • June 27, 2022

    High Court Won't Review Guatemalan's Self-Removal Suit

    The U.S. Supreme Court turned away a Guatemalan woman's challenge to a decades-old deportation order on Monday, keeping intact an Eleventh Circuit ruling that she hadn't executed the removal order herself when she voluntarily left the U.S. in 1995. 

  • June 27, 2022

    Calif. Ruling Steadies Fraught EB-5 Landscape For Now

    A California federal judge has ordered the federal government to allow previously licensed EB-5 regional centers to continue operating while one of the immigrant investment centers challenges an agency mandate to seek reauthorization after March legislation revamped the program.

  • June 27, 2022

    NJ Atty Says County Fired Him For Crossing Sheriff

    The former county counsel of Sussex County, New Jersey, hit the county with a whistleblower lawsuit alleging he was fired in retaliation for opposing a request by the county sheriff to pay his personal legal bills with county dollars and objecting to an immigration-related ballot question.

  • June 27, 2022

    Top 3 Immigration Policies To Watch In 2022: Midyear Report

    The Biden administration in coming months will look to finalize two high-profile immigration regulations, while a Texas-run border security operation tests states' ability to carry out independent immigration enforcement. Here, Law360 takes a closer look at three important immigration policy developments to watch for the rest of 2022.

  • June 27, 2022

    Justices Send Immigrant Mental Health Suit Back To 10th Circ.

    The U.S. Supreme Court sent an Ethiopian national's case back to the Tenth Circuit to reconsider its decision affirming that immigrants who committed serious crimes are ineligible for deportation protections despite having a history of mental health illness.

  • June 24, 2022

    BIA Says Cameroonian Waited Too Long To Challenge Notice

    The Board of Immigration Appeals has ruled a Cameroonian's multipart deportation notice did not warrant axing his removal proceedings, saying Friday he raised the claim too late despite making it only after a U.S. Supreme Court decision panning multipart notices to appear in immigration court.

  • June 24, 2022

    Liberian Civil War General Charged With Immigration Fraud

    An alleged war criminal and former commanding general of Liberia's armed forces during the country's first civil war has been charged with immigration fraud and perjury, according to Philadelphia federal prosecutors.

  • June 24, 2022

    9th Circ. Says BIA Erred In Not Considering All Torture Risks

    The Ninth Circuit on Friday granted a Salvadoran's request to have the Board of Immigration Appeals review claims that he would be tortured if sent back to the Central American country, saying the board originally failed to consider all possible risk sources.

  • June 24, 2022

    EB-5 Venture Founder Ordered To Pay $2.4M To His Company

    The Delaware Chancery Court on Friday ordered the founder of a "visas-for-investment" venture to pay nearly $2.4 million to his company, saying he breached his duties to act in the company's best interest when he made improper money transfers.

  • June 24, 2022

    Immigration Firm Berry Appleman Launches LA Office

    Corporate immigration firm Berry Appleman & Leiden LLP announced Thursday it will branch into Southern California this summer by opening a Los Angeles office.

  • June 24, 2022

    Top 3 Immigration Policy Changes In 2022: Midyear Review

    President Joe Biden started his second year in office with several policy moves aimed at cutting immigration court backlogs and expanding a temporary foreign worker program to help address persistent labor shortages. Here, Law360 takes a closer look at three of the most important immigration policy developments so far in 2022.

  • June 24, 2022

    Supreme Court Overturns Roe v. Wade

    The U.S. Supreme Court on Friday upheld a Mississippi abortion ban and overturned the constitutional abortion right established nearly 50 years ago in Roe v. Wade, setting the stage for a widespread rollback of abortion rights in many statehouses around the country.

  • June 23, 2022

    Feds Agree To Improve Emergency Shelters For Migrant Kids

    The Biden administration has agreed to impose new living and sanitary standards on temporary emergency facilities housing hundreds of migrant children to resolve advocates' claims that it was holding minors in unsafe and unsanitary conditions.

  • June 23, 2022

    Gold Standard Gets OK For Quick Ch. 11 Auction Hearing

    A Delaware bankruptcy judge on Thursday gave Chicago-based industrial baker Gold Standard Baking the go-ahead to tap into $500,000 in Chapter 11 financing and take a quick first step in what the company hopes to be a monthlong sale process.

  • June 23, 2022

    CBP Settles FOIA Suit Over Foreign Pot Workers Policy

    U.S. Customs and Border Protection and Davis Wright Tremaine LLP have settled a Freedom of Information Act suit the firm filed over reports the agency decided Canadian cannabis workers weren't eligible to enter the U.S., which led to an overturned internal document contradicting officials.

  • June 23, 2022

    GAO Tells ICE $2.2B Detention Alternative Program Has Issues

    The U.S. Government Accountability Office said U.S. Immigration and Customs Enforcement must improve how it assesses a $2.2 billion program that monitors individuals released into the community while awaiting resolution of immigration proceedings, saying most program participants were not monitored.

  • June 23, 2022

    Ex-ADI Engineer Tries To Sink Lone Trade Secrets Conviction

    A former Analog Devices Inc. engineer who was acquitted on all but one charge alleging he stole company trade secrets to jumpstart a side business selling computer chips argued Thursday the lone guilty finding wasn't supported by evidence.

  • June 23, 2022

    Construction Worker Reported To ICE Wins $650K At Trial

    A Boston federal jury has found a construction company and its owner liable for retaliating against an employee by reporting him to immigration authorities after his on-the-job injury triggered a workplace investigation, awarding $650,000 in damages.

Expert Analysis

  • Opinion

    Now's The Time To Address Archaic Law School Curricula

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    With law school enrollments jumping significantly ahead of a potential recession and more students graduating than the market can absorb, law schools should turn to creative solutions to teach students how to negotiate, work with clients, specialize and use technology to practice their craft more efficiently, says University of Colorado adjunct professor Jason Mendelson.

  • Lessons From Lawyer Fee-Sharing Agreements Gone Wrong

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    The recent fee-sharing dispute between Edelson and Girardi Keese is a reminder that lawyers who do not strictly follow the applicable rules may risk a disciplinary complaint, lose their share of the fee, or wind up in costly litigation with co-counsel, says David Grossbaum at Hinshaw.

  • LeClairRyan Bankruptcy Highlights Pass-Through Tax Issue

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    A Virginia bankruptcy court's recent ruling in the case of defunct law firm LeClairRyan shows there may be serious tax consequences for pass-through entity partners who give up their ownership interest without following operating agreement exit provisions and updating bankruptcy court filings, say Edward Schnitzer and Hannah Travaglini at Montgomery McCracken.

  • 8 Steps To Creating A Legal Ops Technology Road Map

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    Legal departments struggling to find and implement the right technologies for their operations should consider creating a road map that summarizes their approach to technology changes, provides clearly defined metrics for success, and serves as the single source of truth for stakeholders, says Melanie Shafer at SimpleLegal.

  • The Importance Of Data And Data Analysis In Litigation

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    Understanding, analyzing and effectively presenting large data sets is an increasingly important skill in litigation as it allows plaintiffs to dramatically scale up the scope of cases and is often critical to defeating motions to dismiss and motions for summary judgment, says David Burnett at Motley Rice.

  • US Immigration Should Clarify Status Of Esports Athletes

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    As the U.S. hosts a growing number of esports leagues and competitions, U.S. Citizenship and Immigration Services should make it easier for international professional gamers to compete in stateside tournaments by issuing guidance that expressly addresses esports or clarifies the definition of athlete in the visa context, says Gabriel Castro at Berry Appleman.

  • Cos. Should Heed NLRB GC's Immigrant Protection Focus

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    With National Labor Relations Board general counsel Jennifer Abruzzo making immigrant worker rights a top priority, the board is doing more to educate immigrants about their rights and cracking down on employer violations, so companies should beware increased risk of expensive and time-consuming compliance proceedings, says Henry Morris Jr. at ArentFox Schiff.

  • Steps Companies Can Take To Mitigate Privilege Labeling Risk

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    Although Google prevailed on a recent privilege labeling sanctions motion, an important takeaway from the decision is that companies should assess their in-house procedures and employee training programs regarding privileged communications to mitigate risks of the potential appearance of bad faith privilege claims, say Gareth Evans at Redgrave and e-discovery attorney James Hertsch.

  • What Litigation Funding Disclosure In Delaware May Look Like

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    A standing order issued by Delaware's chief federal judge requiring litigants to disclose whether their cases or defenses are being financed by third parties is unlikely to have onerous effects but may raise questions regarding potential conflicts of interest and access to justice, say Cayse Llorens and Matthew Oxman at LexShares.

  • The Future Of Virtual I-9 Document Verification

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    Proposed revisions to U.S. Citizenship and Immigration Services' employment authorization Form I-9 failed to address remote document inspection, but questions in a request for employer feedback provide hope that temporary accommodation for employers during the pandemic may become permanent, says Valentine Brown at Duane Morris.

  • How In-House Legal Leaders Can Drive Corporate Growth

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    Today, more executives are seeking legal leaders who are strategic, adaptable thinkers, making it essential that in-house counsel get out of their comfort zone of legal advice and take several steps to contribute toward revenue growth and raise their profile, says Tim Parilla at LinkSquares.

  • Work Permit Extension Rule Increases I-9 Compliance Risks

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    U.S. Citizenship and Immigration Services' expansion of automatic employment authorization extensions should help alleviate labor shortages caused by processing backlogs, but may also put employers at increased risk of inadvertent employment eligibility verification noncompliance and discrimination violations, says Brandon Davis at Phelps Dunbar.

  • Attorneys Should Tread Carefully On Job Counteroffers

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    Promises of more compensation to keep attorneys from leaving their jobs have become commonplace in today's hot job market, but lawyers should weigh their options carefully as accepting a counteroffer can negatively affect their reputation, says Leeron Molloy at VOYlegal.

  • Series

    The Future Of Legal Ops: Time To Get Serious About Data

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    Most corporate legal departments collect surface-level data around their operations, such as costs and time to resolution, but legal leaders should explore more in-depth data gathering to assess how effective an attorney was, how efficiently legal work was performed, and more, says Andy Krebs at Intel.

  • Opinion

    ABA Isn't Giving Up On Diversity Efforts By Ending CLE Rule

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    While some view the American Bar Association’s elimination of continuing legal education diversity requirements as capitulating to a Florida Supreme Court decision against the mandate, it was a strategic decision to serve Florida members while improving diversity, equity and inclusion efforts in other ways, says Tiffani Lee at Holland & Knight.

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