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Immigration
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September 16, 2025
'Incurably Premature': Suit Over Alleged EB-5 Rule Tossed
A Seattle federal judge on Monday tossed an immigrant investor's lawsuit challenging an allegedly arbitrary action that resulted in U.S. Citizenship and Immigration Services revoking her visa petition, saying she could not sue since she did not first exhaust administrative remedies.
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September 16, 2025
Detainees Urge Justices To Ax Early Appeal In GEO Wage Row
Immigrant detainees urged the U.S. Supreme Court to reject GEO Group's bid for a ruling allowing government contractors to promptly challenge adverse rulings on derivative sovereign immunity, saying it would "dramatically expand" the number of nonfinal judgments that can be immediately appealed.
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September 16, 2025
Acting US Atty Denies Prosecution Of Lawmaker Is 'Selective'
The U.S. Department of Justice has requested that assault charges not be dismissed against U.S. Rep. LaMonica McIver, pushing back on claims the government is selectively prosecuting her following a confrontation with federal agents in May at an Immigration and Customs Enforcement facility in Newark.
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September 16, 2025
Feds Oppose Sierra Club's Bid To Freeze $50M In Border Funds
The Trump administration told a California federal court Monday that forcing it to honor a settlement agreement between the Sierra Club and the Biden administration to use $50 million in border security funds on environmental projects would place the government between two conflicting court orders.
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September 16, 2025
Conn. Ethics Watchdog Wants Immigration Atty Disbarred
Connecticut's attorney ethics watchdog wants an immigration lawyer disbarred in the state for eight years as reciprocal discipline after he was disbarred in Massachusetts following ethics accusations that he mishandled cases, overcharged clients and brought them to the attention of immigration authorities.
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September 15, 2025
Trump Admin. Defends Biden-Era Rule Limiting Asylum
The U.S. Department of Justice has taken up the mantle of a Biden-era regulation that curtailed the availability of asylum at the southern border, telling a D.C. federal judge that the policy was well within the executive branch's authority.
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September 15, 2025
DC Circ. Won't Stay District Court's Order On Quick Removals
The D.C. Circuit declined to stay a district judge's suspension of specific U.S. Department of Homeland Security actions implementing expedited removal of noncitizen parolees Friday, saying that the government faces no irreparable harm from the order because it has separate, pre-existing regulatory authority to quickly deport parolees.
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September 15, 2025
Tesla Favors Foreign Workers Over US Citizens, Court Told
Tesla discriminates against American workers by giving a leg up to H-1B visa holders whom the company underpays, according to a suit brought in California federal court by two U.S. citizens who said they unsuccessfully sought jobs at the electric vehicle maker.
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September 15, 2025
Fears Mounting For Noncitizens Suing Over Ghana Removals
Attorneys for noncitizens trying to prevent their removal to countries where immigration judges have ruled they may be tortured said Monday they have lost internet contact with their clients in Ghana, where the U.S. allegedly sent them en route to their home countries.
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September 12, 2025
1st Circ. Says Trump Admin Can Ax Immigrant Parole Program
The First Circuit ruled Friday that the Trump administration can go ahead with terminating temporary removal protections for hundreds of thousands of Cuban, Haitian, Nicaraguan and Venezuelan immigrants, saying the government's termination wasn't so "insufficiently reasoned."
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September 12, 2025
New Guidance Hacks Away At Immigration Judges' Powers
A steady stream of Board of Immigration Appeals decisions and Executive Office for Immigration Review memos, capped by recent guidance on handling constitutional claims, shows a Trump administration reining in immigration judges overseeing removal cases.
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September 12, 2025
9th Circ. Orders Feds To Restore Refugee Agency Agreements
The Ninth Circuit ordered the federal government to reinstate cooperative agreements with refugee resettlement agencies on Friday, saying President Donald Trump likely acted lawfully when suspending U.S. refugee admissions in January, but his administration must still provide legally mandated services to those who have already arrived.
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September 12, 2025
Immigration Case Dismissal Policy Stayed In 2 NYC Boroughs
A New York federal judge on Friday ruled that immigration judges in Manhattan and the Bronx cannot, for now, summarily grant the government's oral motions to dismiss removal cases pursuant to a challenged policy, but refused to suspend immigration courthouse arrests.
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September 12, 2025
When The Supreme Court Says Using Race Is OK
The U.S. Supreme Court is allowing government agencies to expressly use race in furthering their immigration enforcement goals, while prohibiting the use of race as even one of the factors to consider in college admissions. Some legal scholars see a double standard.
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September 12, 2025
DOJ Fights To Keep LA Sanctuary Policy Lawsuit Alive
The government urged a California federal judge on Thursday to reject Los Angeles' bid to dismiss its lawsuit over the city's immigration sanctuary ordinance, claiming the law discriminates against immigration agents, is preempted by federal law and is not protected by the 10th Amendment.
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September 11, 2025
Khalil Asks 3rd Circ. To Affirm His Release From ICE Detention
Mahmoud Khalil, the pro-Palestinian activist whom immigration officials are seeking to deport, urged the Third Circuit on Wednesday to affirm his release from immigration detention, saying a lower court got it right in several decisions that led to his release.
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September 11, 2025
Wash. Judge Halts Feds' Head Start Citizenship Check Policy
A Washington federal judge issued a nationwide preliminary injunction on Thursday blocking a Trump administration policy requiring Head Start participants to prove citizenship, finding the federal directive jeopardizes stable learning environments depended on by children and families across the country.
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September 11, 2025
BIA OKs Tossing Some Immigration Cases With No Hearings
The Board of Immigration Appeals ruled Thursday that immigration judges can dismiss claims for asylum and other forms of removal relief without a full evidentiary hearing when a noncitizen fails to make out a basic case of eligibility.
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September 11, 2025
Feds Say Record Restorations Moot Students' Visa Status Suit
The Trump administration said a New Jersey federal judge must throw out a lawsuit that nine international students filed challenging an abrupt termination of their student visa compliance records, now that it has restored their records.
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September 11, 2025
Nigerian Man Cops To Wire Fraud In $1.3M PPP Loan Case
A Nigeria-born man pled guilty to one count of wire fraud on Thursday after being accused in 2023 of filing for more than $1.3 million in fraudulent COVID-19 relief loans from the Small Business Administration, while also agreeing to pay restitution and forfeit certain assets.
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September 11, 2025
2nd Circ. Axes Hotel's Appeal After Town Drops Zoning Suit
The Second Circuit tossed a hotel's appeal bid for a district court order that remanded a New York town's zoning suit concerning asylum seekers staying at the hotel, ruling Thursday that it will also vacate the remand order because the town permanently dropped its suit against the hotel.
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September 11, 2025
Sudanese 'Can't Prove' BNP Bankrolled Dictator, Jury Told
French banking giant BNP Paribas told a Manhattan federal jury on Thursday that three plaintiffs who fled Sudan amid horrific human rights abuses, later to become U.S. citizens, "can't prove" it contributed to former Islamist dictator Omar al-Bashir's killing and destruction.
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September 10, 2025
Feds Barred From Axing 30-Year Noncitizen Services, For Now
A Rhode Island federal judge Wednesday blocked the Trump administration from enacting a policy change requiring immigration status checks for a number of federally funded community services, saying a coalition of Democratic-led states is likely to succeed in its assertion that the move is unconstitutional, as well as arbitrary and capricious.
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September 10, 2025
DHS Moves To End Suit Over Protected Status Terminations
Homeland Security Secretary Kristi Noem urged a California federal judge to end a lawsuit challenging her termination of temporary protection statuses for immigrants from Honduras, Nicaragua and Nepal seeking refuge from environmental and political crises, arguing Tuesday the court lacks jurisdiction since her determinations are shielded from judicial review.
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September 10, 2025
DOJ Retreats From Reunification Claim In Kids Removal Suit
A government attorney told a D.C. federal judge Wednesday she couldn't contest a Guatemalan government report undercutting the Trump administration's claim that it tried to deport 76 unaccompanied minors over Labor Day weekend to reunite them with their parents.
Expert Analysis
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Making The Case For Rest In The Legal Profession
For too long, a culture of overwork has plagued the legal profession, but research shows that attorneys need rest to perform optimally and sustainably, so legal organizations and individuals must implement strategies that allow for restoration, says Marissa Alert at MDA Wellness, Carol Ross-Burnett at CRB Global, and Denise Robinson at The Still Center.
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4 Ways Women Attorneys Can Build A Legal Legacy
This Women’s History Month, women attorneys should consider what small, day-to-day actions they can take to help leave a lasting impact for future generations, even if it means mentoring one person or taking 10 minutes to make a plan, says Jackie Prester, a former shareholder at Baker Donelson.
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A Judge's Pointers For Adding Spice To Dry Legal Writing
U.S. District Judge Fred Biery shares a few key lessons about how to go against the grain of the legal writing tradition by adding color to bland judicial opinions, such as by telling a human story and injecting literary devices where possible.
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Implementation, Constitutional Issues With Birthright Order
President Donald Trump's executive order reinterpreting the 14th Amendment's birthright citizenship clause presents unavoidable administrative problems and raises serious constitutional concerns about the validity of many existing federal laws and regulations, says Eric Schnapper at the University of Washington School of Law.
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6th Circ. Ruling Paves Path Out Of Loper Bright 'Twilight Zone'
The U.S. Supreme Court’s Loper Bright ruling created a twilight zone between express statutory delegations that trigger agency deference and implicit ones that do not, but the Sixth Circuit’s recent ruling in Moctezuma-Reyes v. Garland crafted a two-part test for resolving cases within this gray area, say attorneys at Wiley.
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Cos. Should Prepare For Mexican Payments Surveillance Tool
The recent designation of six Mexican cartels as "specially designated global terrorists" will allow the Treasury Department to scrutinize nearly any Mexico-related payment through its Terrorist Finance Tracking Program — a rigorous evaluation for which even sophisticated sanctions compliance programs are not prepared, says Jeremy Paner at Hughes Hubbard.
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Steps For Federal Grantees Affected By Stop-Work Orders
Broad changes in federal financial assistance programs are on the horizon, and organizations that may receive a stop-work order from a federal agency must prepare to be vigilant and nimble in a highly uncertain legal landscape, say attorneys at Arnold & Porter.
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7 Tips For Associates To Thrive In Hybrid Work Environments
Excerpt from Practical Guidance
As the vast majority of law firms have embraced some type of hybrid work policy, associates should consider a few strategies to get the most out of both their in-person and remote workdays, says James Argionis at Cozen O’Connor.
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Series
Playing Beach Volleyball Makes Me A Better Lawyer
My commitment to beach volleyball has become integral to my performance as an attorney, with the sport continually reminding me that teamwork, perseverance, professionalism and stress management are essential to both undertakings, says Amy Drushal at Trenam.
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How Law Firms Can Counteract The Loneliness Epidemic
The legal industry is facing an urgent epidemic of loneliness, affecting lawyer well-being, productivity, retention and profitability, and law firm leaders should take concrete steps to encourage the development of genuine workplace connections, says Michelle Gomez at Littler and Gwen Mellor Romans at Herald Talent.
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5 Keys To Building Stronger Attorney-Client Relationships
Attorneys are often focused on being seen as the expert, but bonding with clients and prospects by sharing a few key personal details provides the basis for a caring, trusted and profoundly deeper business relationship, says Deb Feder at Feder Development.
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What SDNY Judge Can And Can't Do In Adams Case
The federal judge in the Southern District of New York overseeing the criminal case against New York City Mayor Eric Adams deferred making a decision on the government's motion to dismiss the indictment, and while he does have limited authority to deny the motion, that would ultimately be a futile gesture, says Ethan Greenberg at Anderson Kill.
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Series
Racing Corvettes Makes Me A Better Lawyer
The skills I use when racing Corvettes have enhanced my legal practice in several ways, because driving, like practicing law, requires precision, awareness and a good set of brakes — complete with the wisdom to know how and when to use them, says Kat Mateo at Olshan Frome.
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The Political Branches Can't Redefine The Citizenship Clause
The U.S. Supreme Court’s Wong Kim Ark opinion and subsequent decisions, and the 14th Amendment’s legislative history, establish that the citizenship clause precludes the political branches from narrowing the definition of citizen based on how a parent’s U.S. presence is categorized, says federal public defender Geremy Kamens.
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Opinion
Attorneys Must Act Now To Protect Judicial Independence
Given the Trump administration's recent moves threatening the independence of the judiciary, including efforts to impeach judges who ruled against executive actions, lawyers must protect the rule of law and resist attempts to dilute the judicial branch’s authority, says attorney Bhavleen Sabharwal.