Immigration

  • September 06, 2024

    5th Circ. Urged To Act Fast On Green Card Rule Suit Appeal

    A nonprofit immigrant rights group has asked the Fifth Circuit to accelerate its challenge to a lower court's refusal to let them intervene in a Texas lawsuit against a program allowing noncitizen relatives of U.S. citizens to seek green cards, noting a bench trial could proceed soon without its participation.

  • September 06, 2024

    Immigration Judges May Fix Some Faulty Removal Notices

    Immigration judges can use their broad authority to amend documents to fix notices to appear in immigration court that are missing the time and location of the removal hearing, the Board of Immigration Appeals ruled Friday.

  • September 06, 2024

    DOL Allows Visa Extension After US Worker's Resignation

    A garden and landscape nursery can extend a foreign worker's H-2A visa based on the sudden resignation of a domestic worker, a U.S. Department of Labor judge said, reversing an officer's refusal to grant the extension.

  • September 05, 2024

    CFTC Says Ex-Commish's Signature Was Forged For $1.5M Scam

    The Commodity Futures Trading Commission has sued the operator of an unlicensed commodity pool for allegedly targeting dozens of Spanish-speaking immigrants in a $1.5 million Ponzi-like scheme that used a fictitious license containing a counterfeit CFTC seal and a forged commissioner signature to falsely promise investors guaranteed monthly returns.

  • September 05, 2024

    Immigration Orgs Warn White House Not To Pursue Border Act

    Immigration and human rights advocacy organizations warned the Biden administration that they would oppose any plans to revive a failed, bipartisan bill that would have introduced a new presidential authority to stop asylum processing at the border, calling the proposal cruel and anti-immigrant.

  • September 05, 2024

    Feds Seek To Nix EB-1 Visa Suit After Reopening Application

    U.S. Citizenship and Immigration Services told a Pennsylvania federal court on Thursday that an Irish steeplechase jockey's lawsuit challenging a denied application for an EB-1 extraordinary ability visa should be dismissed, as it was reconsidering the request.

  • September 05, 2024

    Texas Judge Extends Block On DHS Spousal Parole Program

    A Texas federal judge Wednesday denied the Biden administration's bid to lift a soon-to-expire pause on issuing parole under its new program for certain U.S. citizens' relatives seeking green cards while in the U.S., extending the temporary stay for another 14 days.

  • September 05, 2024

    Russia 'History Nerd' Avoids Jail In Probe Of Oligarch Ties

    A Manhattan federal judge on Thursday allowed a Soviet Union-born Russia history buff to avoid time behind bars for lying the FBI about his affiliation with an anti-Ukraine group controlled by indicted Russian oligarch Konstantin Malofeyev.

  • September 04, 2024

    Marine Atty Fights Sanctions In Afghan Baby Kidnapping Suit

    A U.S. Marine Corps lawyer facing a $15 million lawsuit for allegedly kidnapping an orphaned Afghan baby urged a Virginia federal judge to reject a bid by the baby's cousins for attorney fees as part of a sanctions order against him and his wife.

  • September 04, 2024

    DC Circ. Says Feds Can Withhold Asylum Assessments

    The D.C. Circuit ruled that U.S. Citizenship and Immigration Services need not honor Freedom of Information Act requests seeking officers' confidential assessments of asylum seekers, saying the agency had sufficiently explained how that disclosure would harm government interests.

  • September 04, 2024

    Judge Says EB-5 Investors, Fund Must Disclose More Info

    An Illinois federal judge told a group of Chinese investors and a development fund on Wednesday they both must provide additional information in a suit accusing the fund of making off with $13.2 million intended for the development of a Hawaii resort.

  • September 04, 2024

    DHS Seeks To Lift Block On Spousal Parole Program

    The Biden administration urged a Texas federal court to restore its policy letting certain foreign relatives of American citizens such as spouses apply for green cards from within the U.S., saying that states opposing the policy haven't shown it caused financial harm.

  • September 04, 2024

    Full DC Circuit Refuses To Save Green Cards For Visa Winners

    Thousands of diversity visa winners lost their yearslong court battle to obtain their green cards, when the full D.C. Circuit declined to review a panel decision barring the U.S. Department of State from processing their expired visa applications.

  • September 03, 2024

    3rd Circ. Preview: Starbucks Firing, Liquor Law In September

    Two National Labor Relations Board cases grace the Third Circuit's September session, when panels will probe the agency's suits against Starbucks Corp. for firing Philadelphia workers attempting to unionize and a plastic company accused of firing a safety whistleblower.

  • September 03, 2024

    2nd Circ. Won't Ax Dad's Removal Over Child's Mental Health

    The Second Circuit ruled Tuesday that a man who entered the U.S. illegally more than two decades ago can't cancel his removal on the grounds that it would cause his daughter hardship, ruling that any adverse impacts would be typical of family separation.

  • September 03, 2024

    Turf Farm Can't Claim Agricultural OT Exemption, Judge Rules

    The work H-2A visa workers performed for a turf farm doesn't represent the agricultural work that would be exempt from overtime under the Fair Labor Standards Act, a Missouri federal judge ruled Tuesday, handing the workers a partial win in their overtime suit.

  • September 03, 2024

    Advocates Urge 8th Circ. To Keep Iowa Arrest Law Blocked

    Immigration lawyers and advocates for domestic violence survivors slammed Iowa's defense of a state law authorizing the arrest of immigrants who reentered the country after deportation, telling the Eighth Circuit that the immigrants may have obtained humanitarian protections after removal.

  • September 03, 2024

    Fla. AG Sues Feds Over Immigration Policy FOIA Requests

    Florida's Attorney General Ashley Moody filed a lawsuit Tuesday accusing the federal government of failing to respond to a public records request for information about what she says is a Biden administration policy of not automatically deporting "criminal aliens" after they have served their sentences.

  • September 03, 2024

    Former Aide To NY Gov. Indicted On Foreign Agent Charges

    A former aide to New York Gov. Kathy Hochul and ex-Gov. Andrew Cuomo was arrested Tuesday on allegations of secretly acting as an agent of China's government in a yearslong political conspiracy to promote the interests of the Chinese Communist Party and reap millions of dollars.

  • September 03, 2024

    Missing Recruitment Records Doom Foreign Translator Hire

    A U.S. Department of Labor appeals panel refused to let a company refile a labor certification application for a full-time foreign translator, saying the company committed a substantial error by failing to fulfill an officer's request for recruitment records.

  • August 30, 2024

    Fannie Mae Can't Save Foreign Hire With Belated Letter

    Fannie Mae couldn't save an application for a foreign software engineer by explaining her qualifications in a letter, when it didn't list her qualifications on the application itself, according to a ruling from the U.S. Department of Labor's appeals board.

  • August 30, 2024

    DOL Board Saves Foreign Broker Job Over Date Stamp Snafu

    The U.S. Department of Labor's appeals board revived a financial planner's efforts to permanently hire a foreign broker, ruling that a certifying officer incorrectly rejected the mailed-in request by using a processing center's time stamp as the filing date.

  • August 30, 2024

    Colo. Immigration Atty Disbarred After Hiding Her Suspension

    A Colorado immigration attorney was disbarred after she filed several documents with immigration authorities while suspended — claiming she was licensed in Nebraska — and appeared before an immigration judge without disclosing her suspension, according to a stipulation to discipline filed Thursday.

  • August 30, 2024

    Midyear Report: Texas Legislation To Watch Ahead Of 2025

    Texas lawmakers are scheduled to convene in January, and both the Texas House and Senate are already busy preparing to introduce new legislation.

  • August 30, 2024

    Georgia Judge Won't Undo Block Of H-2A Farmworker Rule

    A Georgia federal judge denied the U.S. Department of Labor's request to reconsider a preliminary injunction blocking a new rule aimed at improving pay and conditions for foreign farmworkers, ruling that its arguments to have the order more narrowly tailored were "far too little too late."

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Expert Analysis

  • Think Like A Lawyer: Follow The Iron Rule Of Trial Logic

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    Many diligent and eager attorneys include every good fact, point and rule in their trial narratives — spurred by the gnawing fear they’ll be second-guessed for leaving something out — but this approach ignores a fundamental principle of successful trial lawyering, says Luke Andrews at Poole Huffman.

  • The Art Of Asking: Leveraging Your Contacts For Referrals

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    Though attorneys may hesitate to ask for referral recommendations to generate new business, research shows that people want to help others they know, like and trust, so consider who in your network you should approach and how to make the ask, says Rebecca Hnatowski at Edwards Advisory.

  • Series

    Being An Equestrian Makes Me A Better Lawyer

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    Beyond getting experience thinking on my feet and tackling stressful situations, the skills I've gained from horseback riding have considerable overlap with the skills used to practice law, particularly in terms of team building, continuing education, and making an effort to reset and recharge, says Kerry Irwin at Moore & Van Allen.

  • 4 Ways To Refresh Your Law Firm's Marketing Strategy

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    With many BigLaw firms relying on an increasingly obsolete marketing approach that prioritizes stiff professionalism over authentic connection, adopting a few key communications strategies to better connect with today's clients and prospects can make all the difference, say Eric Pacifici and Kevin Henderson at SMB Law.

  • Series

    Whitewater Kayaking Makes Me A Better Lawyer

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    Whether it's seeing clients and their issues from a new perspective, or staying nimble in a moment of intense challenge, the lessons learned from whitewater kayaking transcend the rapids of a river and prepare attorneys for the courtroom and beyond, says Matthew Kent at Alston & Bird.

  • This Earth Day, Consider How Your Firm Can Go Greener

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    As Earth Day approaches, law firms and attorneys should consider adopting more sustainable practices to reduce their carbon footprint — from minimizing single-use plastics to purchasing carbon offsets for air travel — which ultimately can also reduce costs for clients, say M’Lynn Phillips and Lisa Walters at IMS Legal Strategies.

  • Practicing Law With Parkinson's Disease

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    This Parkinson’s Awareness Month, Adam Siegler at Greenberg Traurig discusses his experience working as a lawyer with Parkinson’s disease, sharing both lessons on how to cope with a diagnosis and advice for supporting colleagues who live with the disease.

  • Series

    Playing Hockey Makes Me A Better Lawyer

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    Nearly a lifetime of playing hockey taught me the importance of avoiding burnout in all aspects of life, and the game ultimately ended up providing me with the balance I needed to maintain success in my legal career, says John Riccione at Taft.

  • For Lawyers, Pessimism Should Be A Job Skill, Not A Life Skill

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    A pessimistic mindset allows attorneys to be effective advocates for their clients, but it can come with serious costs for their personal well-being, so it’s crucial to exercise strategies that produce flexible optimism and connect lawyers with their core values, says Krista Larson at Stinson.

  • Opinion

    Requiring Leave To File Amicus Briefs Is A Bad Idea

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    A proposal to amend the Federal Rules of Appellate Procedure that would require parties to get court permission before filing federal amicus briefs would eliminate the long-standing practice of consent filing and thereby make the process less open and democratic, says Lawrence Ebner at the Atlantic Legal Foundation and DRI Center.

  • 4 Ways To Motivate Junior Attorneys To Bring Their Best

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    As Gen Z and younger millennial attorneys increasingly express dissatisfaction with their work and head for the exits, the lawyers who manage them must understand and attend to their needs and priorities to boost engagement and increase retention, says Stacey Schwartz at Katten.

  • Series

    Serving As A Sheriff's Deputy Made Me A Better Lawyer

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    Skills developed during my work as a reserve deputy — where there was a need to always be prepared, decisive and articulate — transferred to my practice as an intellectual property litigator, and my experience taught me that clients often appreciate and relate to the desire to participate in extracurricular activities, says Michael Friedland at Friedland Cianfrani.

  • Bid Protest Spotlight: Nonprecedential, Unreasonable, Scope

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    James Tucker at MoFo examines three recent decisions showing that while the results of past competitions may inform bid strategy, they are not determinative; that an agency's award may be deemed unreasonable if it ignores available information; and that a protester may be right about an awardee's noncompliance but still lose.

  • Fears About The End Of Chevron Deference Are Overblown

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    While some are concerned about repercussions if the U.S. Supreme Court brings an end to Chevron deference in the Loper and Relentless cases this term, agencies and attorneys would survive just fine under the doctrines that have already begun to replace it, say Daniel Wolff and Henry Leung at Crowell & Moring.

  • Former Minn. Chief Justice Instructs On Writing Better Briefs

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    Former Minnesota Supreme Court Chief Justice Lorie Gildea, now at Greenberg Traurig, offers strategies on writing more effective appellate briefs from her time on the bench.

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