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Immigration
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April 05, 2024
DC Circ. Says Gov't Changing Its Defense In Chinese Visa Row
A D.C. Circuit judge said Friday the federal government seemed to be changing its tune late in its defense of a district court judge's dismissal of a suit filed by three Chinese investors who'd tried to move ahead in the queue for EB-5 visas reserved for investors in infrastructure projects.
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April 05, 2024
New Judges Inadequate Fix For Immigration Board Backlog
Attorneys have welcomed the Board of Immigration Appeals' five-member expansion as a step in the right direction for chipping away at the board's record backlog of cases, but say the move likely won't be enough to solve the problem.
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April 05, 2024
Contractor Settles Naturalized Citizen's Hiring Bias Claims
A federal contractor settled claims that it slammed the brakes on hiring a naturalized citizen after finding out that she was not born in the U.S., the U.S. Department of Justice said.
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April 05, 2024
Judicial Nominees On Schumer's Post-Recess To-Do List
Senate Majority Leader Chuck Schumer, D-N.Y., laid out on Friday a busy agenda for when Congress returns next week, which includes confirming the president's judicial nominees.
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April 05, 2024
Barnes & Thornburg Adds Labor, Biz Immigration Pro
Barnes & Thornburg LLP has hired an employment partner from Dorsey & Whitney LLP with 20 years of experience navigating companies through labor, employment and immigration matters.
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April 05, 2024
Ex-Acting Homeland Security GC Joins Nixon Peabody In DC
Nixon Peabody LLP has hired the former acting general counsel of the U.S. Department of Homeland Security, who joins the firm after working with the agency for more than two decades and through four presidential administrations.
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April 04, 2024
Fla. Judge Won't Dismiss Suit Claiming Restaurant EB-5 Fraud
A Florida state judge on Thursday declined to dismiss a lawsuit accusing a Miami restaurant group of mismanaging immigrant investors' funds, finding that the investors had successfully alleged fraud against the former manager of the investment company.
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April 04, 2024
4th Circ. Turns Away Yemeni Asylum Holder's Residency Bid
The Fourth Circuit on Thursday determined that it lacks jurisdiction to review U.S. Citizenship and Immigration Services' denial of permanent residency to a Yemeni asylum holder who allegedly belonged to a terrorist organization, reasoning that only Attorney General Merrick Garland or Homeland Security Secretary Alejandro N. Mayorkas can second-guess the matter.
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April 04, 2024
Dems Urge Biden Admin To Pick Up Pace Of DACA Renewals
Twenty-seven Democrats and one independent senator urged U.S. Citizenship and Immigration Services on Thursday to do more to ensure faster processing of renewal applications for the Deferred Action for Childhood Arrivals program due to concerns that wait times have increased.
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April 04, 2024
Immigrants Get Breathing Room To Renew Work Permits
Immigrants with expiring work permits due to processing delays will now get 18 months of additional work authorization, according to a temporary regulation that U.S. Citizenship and Immigration Services released on Thursday.
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April 04, 2024
Calif. Judge Says Outdoor Detention Unsafe For Migrant Kids
A California federal judge ordered U.S. Customs and Border Protection to move immigrant children from several open-air detention sites in San Diego, finding the government in violation of a 1997 settlement mandating safety standards for minors in immigration detention.
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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.
Expert Analysis
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USCIS Fee Increases May Have Unintended Consequences
U.S. Citizenship and Immigration Services’ new fee schedule, intended to provide the agency with needed funds while minimizing the impact of higher fees on individual immigrants and their families, shifts too much of the burden onto employers, say Juan Steevens and William Coffman at Mintz.
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Series
Coaching High School Wrestling Makes Me A Better Lawyer
Coaching my son’s high school wrestling team has been great fun, but it’s also demonstrated how a legal career can benefit from certain experiences, such as embracing the unknown, studying the rules and engaging with new people, says Richard Davis at Maynard Nexsen.
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SG's Office Is Case Study To Help Close Legal Gender Gap
As women continue to be underrepresented in the upper echelons of the legal profession, law firms could learn from the example set by the Office of the Solicitor General, where culture and workplace policies have helped foster greater gender equality, say attorneys at Ocean Tomo.
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Reimagining Law Firm Culture To Break The Cycle Of Burnout
While attorney burnout remains a perennial issue in the legal profession, shifting post-pandemic expectations mean that law firms must adapt their office cultures to retain talent, say Kevin Henderson and Eric Pacifici at SMB Law Group.
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Series
Competing In Dressage Makes Me A Better Lawyer
My lifelong participation in the sport of dressage — often called ballet on horses — has proven that several skills developed through training and competition are transferable to legal work, especially the ability to harness focus, persistence and versatility when negotiating a deal, says Stephanie Coco at V&E.
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The Legal Industry Needs A Cybersecurity Paradigm Shift
As law firms face ever-increasing risks of cyberattacks and ransomware incidents, the legal industry must implement robust cybersecurity measures and privacy-centric practices to preserve attorney-client privilege, safeguard client trust and uphold the profession’s integrity, says Ryan Paterson at Unplugged.
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5 Reasons Associates Shouldn't Take A Job Just For Money
As a number of BigLaw firms increase salary scales for early-career attorneys, law students and lateral associates considering new job offers should weigh several key factors that may matter more than financial compensation, say Albert Tawil at Lateral Hub and Ruvin Levavi at Power Forward.
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Series
Playing Competitive Tennis Makes Me A Better Lawyer
My experience playing competitive tennis has highlighted why prioritizing exercise and stress relief, maintaining perspective under pressure, and supporting colleagues in pursuit of a common goal are all key aspects of championing a successful legal career, says Madhumita Datta at Lowenstein Sandler.
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Series
The Pop Culture Docket: Judge Djerassi On Super Bowl 52
Philadelphia Court of Common Pleas Judge Ramy Djerassi discusses how Super Bowl 52, in which the Philadelphia Eagles prevailed over the New England Patriots, provides an apt metaphor for alternative dispute resolution processes in commercial business cases.
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Employee Experience Strategy Can Boost Law Firm Success
Amid continuing business uncertainty, law firms should consider adopting a holistic employee experience strategy — prioritizing consistency, targeting signature moments and leveraging measurement tools — to maximize productivity and profitability, says Haley Revel at Calibrate Consulting.
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Series
Competing In Triathlons Makes Me A Better Lawyer
While practicing law and competing in long-distance triathlons can make work and life feel unbalanced at times, participating in the sport has revealed important lessons about versatility, self-care and perseverance that apply to the office as much as they do the racecourse, says Laura Heusel at Butler Snow.
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Where Justices Stand On Chevron Doctrine Post-Argument
Following recent oral argument at the U.S. Supreme Court, at least four justices appear to be in favor of overturning the long-standing Chevron deference, and three justices seem ready to uphold it, which means the ultimate decision may rest on Chief Justice John Roberts' vote, say Wayne D'Angelo and Zachary Lee at Kelley Drye.
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Perspectives
6 Practice Pointers For Pro Bono Immigration Practice
An attorney taking on their first pro bono immigration matter may find the law and procedures beguiling, but understanding key deadlines, the significance of individual immigration judges' rules and specialized aspects of the practice can help avoid common missteps, says Steven Malm at Haynes Boone.
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Lessons From Country Singer's Personal Service Saga
Recent reports that country singer Luke Combs won a judgment against a Florida woman who didn’t receive notice of the counterfeit suit against her should serve as a reminder for attorneys on best practices for effectuating service by electronic means, say attorneys at Jenner & Block.
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Series
Baking Bread Makes Me A Better Lawyer
After many years practicing law, and a few years baking bread, I have learned that there are a few keys to success in both endeavors, including the assembly of a nourishing and resilient culture, and the ability to learn from failure and exercise patience, says Rick Robinson at Reed Smith.