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Immigration
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April 03, 2024
Police Had It Wrong In Reports On Migrant's Death, Jury Told
An Arizona jury weighing charges that a rancher killed a migrant who was found dead on his property heard Wednesday from the rancher's wife, who was pressed on a discrepancy between officers' reports of how many people she had seen outside that day and her own memory.
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April 03, 2024
SD Gov. Noem Asks Tribes To 'Banish' Mexican Drug Cartels
South Dakota Gov. Kristi Noem has called on Native American tribes throughout the state to "banish" Mexican drug operators from tribal lands, saying that Indian reservations serve as ideal areas where cartels can set up their illicit operations.
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April 03, 2024
2nd Circ. Accepts Newer Precedent To Test Border Interviews
The Second Circuit modified its order for reconsideration of asylum denied to an Ecuadorian woman who claimed that a border agent hit her, saying the Board of Immigration Appeals must consider agency precedent when determining the reliability of border interviews.
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April 03, 2024
Texas Backtracks At 5th Circ. On Extent Of Immigrant Arrest Law
Texas' solicitor general denied that the state's controversial law aimed at arresting unauthorized immigrants would result in removing them, telling perplexed Fifth Circuit judges on Wednesday that they were wrong to have concluded the law likely encroaches on federal jurisdiction.
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April 03, 2024
Sen. Durbin Urged To Pass Legislation To Curb Judge Shopping
A coalition of more than 20 organizations have called on Sen. Dick Durbin, D-Ill., chair of the Senate Judiciary Committee, to curtail the use of judge shopping through legislation and oversight because they believe more is needed beyond the Judicial Conference of the United States' latest action to curb "right wing" influence over the courts.
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April 03, 2024
US Agrees To Pay Migrant $65K In Family Separation Suit
The federal government has agreed to pay $65,000 to settle the remaining claims in a suit by a Honduran migrant who was separated from his toddler under the Trump-era "zero tolerance" policy, according to a settlement agreement filed Tuesday in New York federal court.
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April 03, 2024
Diversity Visa Winners Can't Get Hold Lifted On Green Cards
A D.C. federal judge kept intact a hold on an order requiring the Biden administration to start processing green cards for 2020 diversity visa lottery winners, saying the winners didn't directly link themselves to increased conflicts in their native countries.
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April 02, 2024
Feds Want 2 Years For Culprit In Fake NASA Contracts Plot
Prosecutors urged a Virginia federal judge to sentence a Michigan man to 25 months in prison Tuesday after he admitted to defrauding investors through fake NASA contracts, seeking a sentence lighter than the guideline range because he spent eight grueling months in a Philippines detention center before he was in U.S. custody.
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April 02, 2024
Biden Urged To Allow Undocumented Immigrants To Work
Business leaders called Tuesday on President Joe Biden to use executive authority to extend work authorization to undocumented essential workers, an act they said was crucial after the Francis Scott Key Bridge collapse in Baltimore last week killed six immigrant workers.
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April 02, 2024
Food Co. Gets New Shot At H-2B Hires For Cinco De Mayo
A U.S. Department of Labor appeals board revived a food producer's bid to hire 55 foreign workers to help out with increased demand during Cinco de Mayo celebrations, saying the company clearly showed there's a production uptick during the spring through the summer.
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April 02, 2024
Security Guard Co. Settles DOJ's Immigration Bias Probe
Nationwide security guard company Securitas Security Services USA Inc. has agreed to pay $175,000 to resolve investigations into its hiring practices that the U.S. Department of Justice was conducting after it received a complaint that the firm was discriminating against non-U.S. citizens, the government announced Tuesday.
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April 02, 2024
DOJ Adds 5 Members To Immigration Appeals Board
The U.S. Department of Justice expanded its Board of Immigration Appeals, adding five jurists to its existing 23-member body to reduce the immigration courts' historic caseload.
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April 01, 2024
Fla. Judge Refuses To Pause Wage Rule For H-2A Workers
A Florida federal judge on Friday adopted a magistrate judge's recommendation to uphold a U.S. Department of Labor rule raising the wages of H-2A agricultural workers, rejecting objections from farm groups that the report was overly deferential to the government's arguments.
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April 01, 2024
Investors Group Says New EB-5 Guidance Violates APA
A trade association of EB-5 visa regional centers brought U.S. Citizenship and Immigration Services into D.C. federal court, accusing the agency of abruptly changing the minimum investment period for foreigner investors seeking green cards without soliciting public comments.
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April 01, 2024
Farmworker Org. Seeks Ruling On Fla. Immigrant Transport Law
Attorneys for the Farmworker Association of Florida Inc. have urged a federal judge to get a move on in deciding whether to block a Florida law that makes transporting unauthorized immigrants a crime, saying a recent Fifth Circuit decision provides the impetus.
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April 03, 2024
CORRECTED: Immigration Bond Cos. Owe $811M For Deceptive Practices
A Virginia federal judge ordered Libre by Nexus Inc., a bonding company, to fork over more than $811 million in the Consumer Financial Protection Bureau's suit alleging the company engages in predatory bonding practices targeting cash-strapped immigration detainees.
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April 01, 2024
DeSantis Ducks Mass. Suit Over Migrant Flights
A Massachusetts federal judge has released Florida Gov. Ron DeSantis and most other defendants from a proposed class suit by a group of migrants who claim they were duped into boarding flights to Martha's Vineyard, ruling that the court lacked jurisdiction.
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April 01, 2024
Immigration Atty Can't Challenge Suspension For Phone Use
An immigration attorney can't challenge her suspension before the Board of Immigration Appeals for refusing to stop using her phone in court, as a North Carolina federal judge has found the case moot because she failed to show how her reputation has continued to be harmed.
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April 01, 2024
Dems Urge Biden To Extend Immigrants' Expiring Work Docs
Seventy congressional Democrats signed off on a letter released Monday urging the Biden administration to immediately extend employment authorization for tens of thousands of immigrants who will soon lose their ability to legally work due to processing delays.
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March 29, 2024
Northern Texas Judges Won't Adopt Judge-Shopping Rule
Judges with the Northern District of Texas have opted not to make any changes to how cases are assigned, despite a recent letter from Senate Majority Leader Chuck Schumer urging the district to implement an updated policy aiming to prevent litigants from judge shopping, the district's chief judge said Friday.
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March 29, 2024
High Court SEC Case May Bear On DOJ's Immigration Probes
A highly anticipated Supreme Court decision on the constitutionality of the U.S. Securities and Exchange Commission's tribunal body could lend support to Walmart and SpaceX in immigration enforcement proceedings, and it may even have the potential to strike the foundation of immigration courts.
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March 29, 2024
Migrant's Death Had To Be Direct Shot, Ariz. Jury Hears
Jurors weighing charges that an Arizona rancher murdered a migrant who was allegedly trespassing on his property heard testimony Friday from a weapons expert who said the fatal wound had to be from a direct shot as opposed to a stray falling bullet.
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March 29, 2024
GEO Group Brass Agree To Reforms To End Derivative Suit
Shareholders who claimed executives of private prison contractor GEO Group Inc. lied about financing deals with major banks told a Florida federal judge that the company has agreed to a host of corporate reforms to end the derivative suit, which will include the appointment of a chief compliance officer.
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March 29, 2024
Bill Would Ease Native American Travel Across Canadian Border
A bipartisan bill recently introduced in the U.S. House of Representatives would simplify the process for indigenous community members to cross the U.S.-Canadian border by eliminating a blood quantum requirement and allowing them to use tribal-issued identification as proof of membership in a federally recognized tribe.
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March 29, 2024
Judge Won't Stop Immigration Fee Hikes From Taking Effect
A Colorado federal judge refused Friday to temporarily halt upcoming immigration fee hikes, saying the $5,775 increase the EB-5 investor will pay is a drop in the bucket compared to the plaintiff's $500,000 capital investment.
Expert Analysis
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Consider Immigration Issues When Hiring Int'l Medical Grads
As health systems across the U.S. struggle to meet patient demand, recruiting international medical graduates can help alleviate some strain, although sorting through the requisite visa processes may require some extra legwork depending on the qualifications of both the graduate and the employer, say Nora Katz and Vinh Duong at Holland & Knight.
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General Counsel Need Data Literacy To Keep Up With AI
With the rise of accessible and powerful generative artificial intelligence solutions, it is imperative for general counsel to understand the use and application of data for myriad important activities, from evaluating the e-discovery process to monitoring compliance analytics and more, says Colin Levy at Malbek.
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Navigating Discovery Of Generative AI Information
As generative artificial intelligence tools become increasingly ubiquitous, companies must make sure to preserve generative AI data when there is reasonable expectation of litigation, and to include transcripts in litigation hold notices, as they may be relevant to discovery requests, say Nick Peterson and Corey Hauser at Wiley.
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Finding Focus: Strategies For Attorneys With ADHD
Given the prevalence of ADHD among attorneys, it is imperative that the legal community gain a better understanding of how ADHD affects well-being, and that resources and strategies exist for attorneys with this disability to manage their symptoms and achieve success, say Casey Dixon at Dixon Life Coaching and Krista Larson at Stinson.
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How Biden's AI Order Stacks Up Against Calif. And G7 Activity
Evaluating the federal AI executive order alongside the California AI executive order and the G7's Hiroshima AI Code of Conduct can offer a more robust picture of key risks and concerns companies should proactively work to mitigate as they build or integrate artificial intelligence tools into their products and services, say attorneys at Jenner & Block.
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Key Employer Takeaways From USCIS' H-1B Visa Proposal
There are several steps employers can take, like reviewing job descriptions and assessing cap-exempt eligibility, to be well positioned for the sweeping changes that U.S. Citizenship and Immigration Services proposes to implement next year to improve the H-1B visa program, say Brian Coughlin and Angelica Ochoa at Fisher Phillips.
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Attorneys, Law Schools Must Adapt To New Era Of Evidence
Technological advancements mean more direct evidence is being created than ever before, and attorneys as well as law schools must modify their methods to account for new challenges in how this evidence is collected and used to try cases, says Reuben Guttman at Guttman Buschner.
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Lost In A Maze Of USCIS Policy On Child Immigration Status
A succession of U.S. Citizenship and Immigration Services policy updates, erroneous denials and conflicting messages have limited practitioners' ability to know which clients qualify under a federal law that protects children from aging out of their parents' immigrant petitions, say Jeffrey Galkin and Anna Stepanova at Murthy Law Firm.
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Tips For Litigating Against Pro Se Parties In Complex Disputes
Litigating against self-represented parties in complex cases can pose unique challenges for attorneys, but for the most part, it requires the same skills that are useful in other cases — from documenting everything to understanding one’s ethical duties, says Bryan Ketroser at Alto Litigation.
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Pro Bono Work Is Powerful Self-Help For Attorneys
Oct. 22-28 is Pro Bono Week, serving as a useful reminder that offering free legal help to the public can help attorneys expand their legal toolbox, forge community relationships and create human connections, despite the challenges of this kind of work, says Orlando Lopez at Culhane Meadows.
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Series
Playing In A Rock Cover Band Makes Me A Better Lawyer
Performing in a classic rock cover band has driven me to hone several skills — including focus, organization and networking — that have benefited my professional development, demonstrating that taking time to follow your muse outside of work can be a boon to your career, says Michael Gambro at Cadwalader.
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Series
The Pop Culture Docket: Judge Espinosa On 'Lincoln Lawyer'
The murder trials in Netflix’s “The Lincoln Lawyer” illustrate the stark contrast between the ethical high ground that fosters and maintains the criminal justice system's integrity, and the ethical abyss that can undermine it, with an important reminder for all legal practitioners, say Judge Adam Espinosa and Andrew Howard at the Colorado 2nd Judicial District Court.
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Opinion
Newman Suspension Shows Need For Judicial Reform
The recent suspension of U.S. Circuit Judge Pauline Newman following her alleged refusal to participate in a disability inquiry reveals the need for judicial misconduct reforms to ensure that judges step down when they can no longer serve effectively, says Aliza Shatzman at The Legal Accountability Project.
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EB-5 Investment Period Clarification Raises More Questions
U.S. Citizenship and Immigration Services' recent clarifying guidance for EB-5 investors, specifying that the statutory investment period begins two years from the date of investment, raises as many questions as it answers given related agency requirements and investors' potential contractual obligations, says Daniel Lundy at Klasko Immigration Law Partners.
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5 Considerations for Year-End Immigration Budget Planning
Courtney Noce and Miriam Thompson at Greenberg Traurig offer insights to help companies with year-end immigration budget planning, a complex process with many factors affecting expenses, from changes in corporate policy or structure, to anticipated fee increases and the uncertainties inherent in visa processing.