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Immigration
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February 07, 2024
Board Says Facts Need Sussing In ICE, Charter Biz $64M Battle
The U.S. Civilian Board of Contract Appeals has refused to grant summary judgment to either U.S. Immigration and Customs Enforcement or an airline charter in a $64 million fight over canceled flights, saying too many factual disputes remain in the case.
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February 07, 2024
Biden Admin. Must Face Suit Over Wider Asylum Powers
A Texas federal judge has refused to toss Texas' lawsuit challenging a Biden administration rule that broadens immigration officers' power over the asylum system, saying Texas has sufficiently alleged that the rule will result in the state spending more on border security and incoming immigrants.
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February 07, 2024
Fox Rothschild Must Face Visa Malpractice Suit, Court Told
Two men who claim they were scammed after hiring Fox Rothschild LLP for immigration work have asked a New Jersey federal court to reject the firm's dismissal bid, saying their racketeering suit should proceed because the firm's "culture of corruption" allegedly led to such brazen fraud that it may even merit criminal prosecution.
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February 07, 2024
NY-Licensed Atty Says NC Bar Lacks Power To Disbar Him
A New York-licensed immigration attorney has urged the North Carolina Court of Appeals to stay a disciplinary order disbarring him for embezzlement, saying the state bar can't discipline him because he's not licensed there.
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February 07, 2024
Farming Nonprofit Supports DOL H-2A Wage Rule At 4th Circ.
A group of ranches and farms' argument that the new U.S. Department of Labor's rule for H-2A workers' wages would facilitate illegal immigration is speculative and the Fourth Circuit should ignore it, a nonprofit organization helping migrants and seasonal workers said.
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February 06, 2024
Disney Settles Job Offer Dispute Linked To Fla. LGBTQ Law
The Walt Disney Co. told a California federal judge Tuesday that it has settled a lawsuit by a former British Petroleum executive claiming Disney withdrew a job offer after it criticized Florida's so-called Don't Say Gay law.
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February 06, 2024
GOP Chided For Turning On Border Policies They 'Demanded'
Democratic lawmakers on Tuesday criticized Republicans for turning on a $118 billion border security package ahead of a Senate vote scheduled for Wednesday, with Sen. Patty Murray, D-Wash., saying Republican lawmakers were renouncing border policies they themselves insisted on.
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February 06, 2024
NYC Says Co. Flouted Filing Rules In Migrant Bus Row
New York City's Department of Social Services urged a federal judge to reject a letter filed with the court by a charter transportation company that was among others sued by the city to recoup costs from absorbing migrants bused in from Texas, saying the filing was out of turn.
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February 06, 2024
House Fails To Impeach DHS Secretary Mayorkas
House Republicans on Tuesday evening failed in their bid to impeach U.S. Department of Homeland Security Secretary Alejandro Mayorkas on allegations of "willful and systemic refusal to comply with the law" and "breach of public trust" for his management of the Southern border.
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February 06, 2024
Migrants' Suit Against Texas 'Lone Star' Border Op Tossed
A Texas federal judge has tossed a lawsuit accusing state officials of violating the constitutional rights of migrant men who were arrested under Texas Gov. Greg Abbott's Operation Lone Star, saying the men failed to explain exactly how the officials violated their rights.
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February 05, 2024
Wash. Labor Dept. Says ICE Facility Operator Blocking Probes
Washington state's labor department has alleged in a complaint moved to federal court that private prison operator GEO Secure Services LLC is illegally blocking inspectors from enforcing state workplace safety laws at an immigration detention facility.
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February 05, 2024
State Department Limits Visas For People Abusing Spyware
The U.S. Department of State announced a new policy Monday restricting visas for people who use commercial spyware to surveil, harass or suppress journalists, activists and others.
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February 05, 2024
4th Circ. Backs 'Beyond Doubt' Rule For Green Card Applicant
The Fourth Circuit has backed a decision by the Board of Immigration Appeals to hold a Dominican woman applying for permanent U.S. residency from within the country to the evidentiary standards used with individuals seeking to be admitted to the United States from the border.
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February 05, 2024
Feds Pay $1.2M To End Suit Accusing Judge Of Lewdness
The U.S. Department of Justice will pay $1.2 million to resolve a suit from a former staff assistant who said a California immigration judge routinely subjected her to explicit, lewd comments and once told her he would "make her straight" if they had sex.
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February 05, 2024
Cities, Advocacy Groups Say DACA Is Vital For US Communities
Dozens of local governments and advocacy groups have thrown their support behind the Biden administration's appeal to save the Deferred Action for Childhood Arrivals program, telling the Fifth Circuit both families and economies will suffer if DACA dies.
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February 04, 2024
$118B Senate Bill Proposes Sweeping Border Changes
A group of bipartisan senators unveiled a $118 billion border security package Sunday that would usher in sweeping changes to the asylum system and boost border security measures, while providing nearly $48.5 billion in aid to Ukraine.
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February 02, 2024
ACLU Atty On How To Protect Civil Liberties In The AI Era
Because artificial intelligence and algorithmic systems often operate in the shadows, there's a new need for legislation, regulation and enforcement to ensure the technology doesn't undercut civil liberties by engaging in discrimination in housing, education or employment, according to Cody Venzke, senior policy counsel for the American Civil Liberties Union.
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February 02, 2024
9th Circ. Revives Asylum Bid For Indian Politician's Son
A split Ninth Circuit panel granted an Indian national and son of a Punjabi legislative assembly member another chance at asylum, faulting an immigration judge's lack of clarity about who carried the burden to show whether he could safely return to India.
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February 02, 2024
'Slow Lawyering' Shouldn't Punish Clients, Mich. Judge Says
A Michigan federal judge on Friday set aside default judgments against two farming companies named alongside other farms in a suit alleging they trafficked Mexican migrant farmworkers, saying he didn't want to punish clients for their lawyers' tardy response to the case.
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February 02, 2024
Biden Admin Hits Back At Objections To H-2A Wage Increases
The administration of President Joe Biden pressed a Florida federal court Friday to keep intact a new U.S. Department of Labor rule raising the salary for foreign agricultural workers, saying it supported the wage hike and the policy doesn't create an "impermissible" attractive wage.
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February 02, 2024
Spousal Work Permits Backed By Precedent, DC Circ. Told
Countering an argument from ex-information technology workers that D.C. Circuit precedent dooms an Obama-era program allowing work permits for spouses of highly skilled foreign workers, the U.S. Department of Homeland Security said the court's precedent is squarely on its side.
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February 02, 2024
4th Circ. Backs Reliance On Asylum-Seekers' Partial Truths
The Fourth Circuit ruled Thursday that immigration judges may rely on asylum-seekers' testimony that they only find partly truthful, instead of having to accept or deny the testimony completely.
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February 02, 2024
11th Circ. Sides With Chinese Citizens In Fla. Land-Buy Row
A unanimous Eleventh Circuit panel granted two of four Chinese citizens' bids to freeze enforcement of a Florida law barring nationals of certain countries from owning land, saying they showed "a substantial likelihood of success" that the state regulation is preempted by federal law.
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February 01, 2024
Higher Ed Alliance Says Ending DACA Will Decimate Economy
More than 150 universities and colleges on Thursday backed the Biden administration's quest to save the Deferred Action for Childhood Arrivals program in the Fifth Circuit, saying the program has allowed its recipients to thrive and ultimately benefit the nation's economy.
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February 01, 2024
DOL Says Late Argument Dooms H-2A Wage Rule Challenge
The Biden administration urged the Fourth Circuit to reject an argument that the U.S. Department of Labor was required to consider the effects of a rule regulating H-2A wages on illegal immigration, saying the argument, attached to a challenge of the rule, came too late.
Expert Analysis
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Series
My Favorite Law Prof: How I Learned That Culture Shapes Law
U.S. District Judge Jed Rakoff of the Southern District of New York considers how a class with Jerry Cohen at Harvard Law helped him understand culture and history’s influence on jurisprudence, and how even seemingly settled law can evolve — all while espousing a more humanistic approach to teaching that restored Judge Rakoff's pride in being a lawyer.
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9 Legal Ethics Considerations In Natural Disaster Preparation
Since natural disasters like Hurricane Ian do not relieve lawyers of their ethical obligations to clients, law firms should focus their preparedness efforts on specific areas crucial to continuity of representation and ethics compliance, like business and communications contingency planning, record redundancy and more, says Mark Hinderks at Stinson.
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A Divided Congress May Increase Companies' Political Risks
If the impending midterm elections result in a divided government, companies will have to recalibrate their perceptions of political risk so that they can avoid getting caught between competing policy agendas and investigations, say Kristina Moore and Alexander Miehls at FTI Consulting.
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Series
My Favorite Law Prof: How I Learned To Put Law Into Practice
Massachusetts U.S. Attorney Rachael Rollins looks back at how Judge Charles Spurlock's trial advocacy class at Northeastern University School of Law challenged her to apply what she had already learned about civil and criminal procedure, evidence and criminal law to solving real-world problems.
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State AG Consumer Protection Priorities Beyond The Election
Even if some states flip parties in the upcoming midterm elections, bipartisanship will continue to be a cornerstone of state attorney general consumer protection efforts — including data security, public health and price-gouging enforcement — in 2023, say Paul Singer and Beth Chun at Kelley Drye.
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What To Consider When Leaving BigLaw To Go Solo
Attorneys contemplating leaving their once-ideal job in BigLaw to start their own business should take certain concrete steps before they depart, such as saving money and drafting a business plan, and prepare for some common challenges, says Claudia Springer at Novo Advisors.
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Opinion
A Legal Response To DeSantis Migrant Flights May Not Suffice
The U.S. Supreme Court's 2020 analysis in the Bridgegate case may foreshadow challenges in carrying out the legal consequences of Florida Gov. Ron DeSantis’ alleged misuse of funds while relocating Venezuelan migrants to Massachusetts, making it an issue more for voters than the courts, says Bianca Forde at Otis Elevator.
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Opinion
Ohio Workers' Suit Could Distort RICO And Trafficking Laws
An Ohio federal court case over employment contract provisions — Carmen v. Health Carousel — may dramatically expand the scope of trafficking laws and the Racketeer Influenced and Corrupt Organizations Act, which could put ordinary employment disputes under the purview of statutes meant to target organized crime and forced labor, says Noah Peters at Brewer, Attorneys & Counselors.
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Series
My Favorite Law Prof: How I Learned Education Never Ends
D.C. Circuit Judge David Tatel reflects on what made Bernard Meltzer a brilliant teacher and one of his favorite professors at the University of Chicago Law School, and how Meltzer’s teachings extended well past graduation and guided Judge Tatel through some complicated opinions.
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Opinion
New-Parent Attorneys Need Automatic Litigation Stays
To facilitate parental leave for solo practitioners and small-firm attorneys excluded from the Family and Medical Leave Act's protections, the American Bar Association should amend its rules to implement automatic litigation stays for attorneys welcoming a new child, says attorney Gabriel Levy.
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Associate Skills That Impress Firms In A Cooling Job Market
With the lateral hiring market calming down and law firms no longer overlooking resume deficiencies when evaluating candidates, associates at all levels should be cognizant of the skills and attributes that make them marketable to prospective employers, says J.B. Pullias at VOYlegal.
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High Court Could Resolve Thorny Atty-Client Privilege Issue
The U.S. Supreme Court recently granted review in a federal grand jury proceeding that presents a rare opportunity to clarify — and possibly significantly expand — the scope of the attorney-client privilege for complex mixed-purpose communications with counsel, says David Greenwald at Jenner & Block.
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Minn.'s New Common Interest Doctrine: A Primer
In its recent ruling in Energy Policy Advocates v. Ellison, the Minnesota Supreme Court adopted the common interest doctrine, extending confidentiality to communications between an attorney and client that include a third party — but successful use of the doctrine will require care, preparation and attention to detail, says George Singer at Ballard Spahr.
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Refining Info Governance As E-Discovery Gets More Complex
Courts are increasingly requiring litigants to produce chats and other conversations recorded on business collaboration platforms as evidence, so companies should develop strategies for preserving and organizing such data to timely comply with e-discovery requests and to protect sensitive information, say attorneys at Akerman.
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Congressional Probes After The Midterms: Tips For Witnesses
With the GOP planning a barrage of investigations into the Biden administration if it wins control of the House this fall, current and former government officials and corporate executives who might be called as witnesses must prepare to protect their personal interests — and those of their organizations, says Kevin Carroll at Hughes Hubbard.