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Immigration

  • May 19, 2021

    Feds Rehash Losing Deportation Freeze Args Defending DHS

    The Biden administration revisited arguments from its unsuccessful defense of the now-defunct deportation moratorium this week in its fight against Texas and Louisiana's current push to block the U.S. Department of Homeland Security's remaining immigration enforcement guidelines.

  • May 19, 2021

    1st Circ. Won't Rehear Challenge To ICE Courthouse Arrests

    The First Circuit said Tuesday it won't rethink its decision to strike down a ban on courthouse arrests by federal immigration officials.

  • May 18, 2021

    Married US Parents' Kids Born Abroad Can Get Citizenship

    The U.S. Department of State said Tuesday it will recognize birthright citizenship for children born abroad to married parents, as long as one parent is an American citizen, in a policy change that makes it easier for same-sex couples to pass citizenship on to their children born overseas.

  • May 18, 2021

    House Leaders Urge Feds To Expedite Visas For Afghan Allies

    The Democratic and Republican leaders of the U.S. House Foreign Affairs Committee called on the U.S. Department of State to speed up visa processing for interpreters, translators and other Afghan nationals who aided the U.S. military in Afghanistan.

  • May 18, 2021

    US To Exempt 250 Asylum-Seekers Daily From Pandemic Rule

    The U.S. Department of Homeland Security will exempt 250 asylum-seekers a day from a public health order designed to contain the coronavirus that bars the entry of migrants without valid travel documents, a spokesperson confirmed to Law360 on Tuesday.

  • May 18, 2021

    Circuit 'Mess' Lands Border Search Spat At Justices' Doorstep

    Experts say a growing division among circuit courts may persuade the U.S. Supreme Court to clarify the rules for searching electronic devices at the border, an issue that pits the privacy rights of travelers against security concerns.

  • May 18, 2021

    1st Circ. Backs Asylum-Seeker's Conviction For Genocide Lies

    A federal appellate court on Monday upheld the conviction and more than eight-year prison sentence of a Rwandan man for lying about his participation in the 1994 Rwandan genocide during asylum and removal proceedings.

  • May 18, 2021

    Aerojet Agrees To $37K Fine To End Citizenship Bias Claims

    Aerojet Rocketdyne Inc. agreed to a $37,000 penalty to resolve a job applicant's claims that it refused to let foreign nationals apply for mechanic positions in Florida, according to the U.S. Department of Justice.

  • May 18, 2021

    Judge Fletcher Makes Way For 4th Biden Vacancy On 9th Circ.

    Ninth Circuit Judge William A. Fletcher is taking senior status, giving President Joe Biden a fourth chance to replace a Democratic appointee with a younger jurist on the historically liberal West Coast appeals court.

  • May 17, 2021

    ACLU Says Prison Co. Staff Attacked Migrant Hunger Strikers

    The American Civil Liberties Union has taken aim at private prison contractor CoreCivic in its latest suit challenging conditions in immigration detention facilities during the COVID-19 pandemic, claiming that staff at a New Mexico facility pepper-sprayed peaceful hunger strikers in a filmed confrontation.

  • May 17, 2021

    New Suit Challenges H-1B Visa Wage Rule As Unlawful

    A humane society, two health care organizations and others sued the Biden administration Monday over a Trump-era policy to award H-1B specialty occupation visas by salary, not the random lottery dictated by the Immigration and Nationality Act.

  • May 17, 2021

    Progressives Say Trump Changes Hindered Regulatory Portal

    Several left-leaning groups urged the Biden administration Monday to reverse a Trump-era overhaul of a key website the public uses to keep tabs on federal rulemaking activity, saying the changes diminished agencies' transparency.

  • May 17, 2021

    Attys For Migrant Minors Want Injunction Over Due Process

    Several immigrant advocacy groups have asked a California federal judge for a nationwide injunction to stop the federal government from limiting the due process rights of unaccompanied minors who had gone through the "Remain in Mexico" program.

  • May 17, 2021

    Why Miami Is Generating Major Fintech Buzz

    Encouraged by a cryptocurrency-friendly mayor, Miami is generating considerable buzz as a burgeoning technology hub, and local attorneys who work with startups and financial technology companies say they're fielding a lot of phone calls.

  • May 17, 2021

    ​​​​​​​2nd Circ. Revives Assaulted Nepalese Activist's Asylum Bid

    The Second Circuit resuscitated a Nepalese political activist's asylum bid in a summary order that thrashed the Board of Immigration Appeals for discounting testimony that beatings from members of the ruling party landed him in the hospital.

  • May 14, 2021

    Biden Lifts Ban On Green Card Seekers Without Insurance

    President Joe Biden on Friday formally revoked a Trump-era order requiring green card applicants abroad to show they have health insurance or a way to pay for it before entering the country, saying it does not advance the interests of the U.S.

  • May 14, 2021

    Feinstein Asks Garland To Review, Expand Asylum Eligibility

    U.S. Sen. Dianne Feinstein, D-Calif., urged U.S. Attorney General Merrick Garland to overturn his predecessors' decisions that restricted asylum eligibility for victims of domestic and gang violence, saying those decisions disregarded refugee protections established 40 years ago.

  • May 14, 2021

    Big Tech Says Axing Visa Rule Will Harm Families, Business

    Tech giants including Google, Apple, Amazon and Microsoft urged a DC federal judge Friday to uphold an Obama-era policy that provides work permits for foreign spouses of H-1B highly skilled workers, arguing that the spouses perform crucial work for American businesses. 

  • May 14, 2021

    Firm Beats Bid To Revive Suit Over Failed EB-5 Project

    A woman cannot represent a putative class of investors allegedly wronged by Wolfsdorf Rosenthal LLP's work on a failed health center project under the EB-5 visa program because she never retained the firm, a California state appeals court has determined.

  • May 13, 2021

    Texas Leads Intervention Bid In Illinois Public Charge Row

    Texas, Arizona and other conservative-leaning states have asked an Illinois federal judge to reconsider his decision vacating the public charge rule, and to allow the states to intervene so they can represent the since-abandoned view of the federal government defending the rule.

  • May 13, 2021

    Lawmakers Chastise ICE Over Cost Of Empty Detention Beds

    A California congresswoman scolded U.S. Immigration and Customs Enforcement for wasting potentially hundreds of millions of dollars on unused beds in detention facilities for migrants, saying Thursday that the agency has not been candid about how many beds it would actually need.

  • May 13, 2021

    9th Circ. Bucks Precedent For Immigrants With Citizen Parents

    U.S. residents who are not granted legal permanent residency before they turn 18 can still get citizenship through their naturalized parents, a split Ninth Circuit ruled Thursday in a published en banc opinion that reexamined court precedent.

  • May 13, 2021

    Judge Doubts DOJ Can Keep Trump-Era EB-5 Rule Change

    A California federal magistrate judge appeared unwilling Thursday to accept the Biden administration's defense of a Trump-era policy nearly doubling the EB-5 visa program's investment requirements, saying she doesn't think the new U.S. secretary of Homeland Security can approve the rule change made by Trump's unlawfully appointed former acting secretary.

  • May 13, 2021

    Labor Dept. Pushes Back H-1B Wage Hike Until Late 2022

    The U.S. Department of Labor on Thursday announced an 18-month delay to a Trump-era rule that would have raised required wages for workers on high-skilled H-1B visas, saying it needs the time to review public comments and calculate wage data.

  • May 13, 2021

    9th Circ. Revives Asylum Case Over Reading Disability

    An El Salvadoran woman who can't read and whose family mixed up the month and day of her immigration court hearing can seek asylum again, after the Ninth Circuit ruled that her exceptional circumstances warranted a second shot.

Expert Analysis

  • Series

    Judging A Book: Rodriguez Reviews 'When Machines Can Be Judge'

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    Katherine Forrest's new book, "When Machines Can Be Judge, Jury, and Executioner," raises valid transparency concerns about artificial intelligence tools used by judges when making bail and sentencing decisions, but her argument that such tools should be rejected outright is less than convincing, says U.S. District Judge Xavier Rodriguez of the Western District of Texas.

  • 5 Steps For Law Firms Rethinking Flexible Work Post-COVID

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    A flexible work environment will be key to recruiting and retention efforts post-pandemic, so law firms must develop comprehensive policies that solidify expectations and boundaries on accommodations such as flextime, remote work and reduced hours, says Manar Morales at the Diversity & Flexibility Alliance.

  • Judge's Rebuke Of Mass. AG Has Lessons For All Attorneys

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    A Massachusetts federal judge’s recent rebuke of the state Attorney General’s Office for refusing to respond to discovery requests in Alliance for Automotive Innovation v. Healey highlights six important considerations for attorneys who want to avoid the dreaded benchslap, say Alison Eggers and Dallin Wilson at Seyfarth.  

  • Font Considerations To Give Your Legal Briefs An Edge

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    Following the D.C. Circuit’s recent notice discouraging use of the font Garamond in legal briefs, Jason Steed at Kilpatrick looks at typeface requirements and preferences in appellate courts across the country, and how practitioners can score a few extra brief-writing points with typography.

  • Tips For Navigating The Visa Processing Backlog

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    The pandemic has caused U.S. embassies and consulates to fall far behind in visa processing, but new information from the U.S. Department of State can help practitioners determine where a client is in line and whether it's time to use other tools to reduce wait time, says Dominique Pando Bucci at Kurzban Kurzban.

  • Make Profitability Management Part Of Your Law Firm Culture

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    As the legal industry continues to change in the post-pandemic world, law firms should adapt to client demands by constantly measuring and managing the profitability of their services, says Joseph Altonji at LawVision.

  • 4 Trends In Discoverability Of Litigation Funding Documents

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    Recent rulings shed light on how courts and international arbitration tribunals decide if litigation funding materials are discoverable and reaffirm best practices that attorneys should follow when communicating with funders, say Justin Maleson at Longford Capital and Michele Slachetka and Christian Plummer at Jenner & Block.

  • How Immigration Ruling May Change Removal Proceedings

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    The U.S. Supreme Court’s recent Niz-Chavez v. Barr decision decisively resolves the circuit split over whether a noncompliant notice to appear can trigger an Immigration and Nationality Act timing provision, but less clear is the impact the ruling will have on motions to reopen or terminate removal proceedings, says Kevin A. Gregg at Kurzban Kurzban.

  • 7 Lessons For Young Lawyers Starting Their Careers

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    This year's law graduates and other young attorneys must recognize that the practice of law tests and rewards different skills and characteristics than law school, and that what makes a lawyer valuable changes over time, says Vernon Winters, retired partner at Sidley.

  • The Pandemic's Bright Spots For Lawyers Who Are Parents

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    The COVID-19 crisis has allowed lawyers to hone remote advocacy strategies and effectively represent clients with minimal travel — abilities that have benefited working parents and should be utilized long after the pandemic is over, says Chelsea Loughran at Wolf Greenfield.

  • Opinion

    Revise Mansfield Diversity Mandates To Also Benefit Veterans

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    The well-intentioned efforts and salutary purposes of the legal industry's Mansfield Rule diversity metric are tainted by the Diversity Lab initiative's omission of veterans, who are underrepresented at large law firms and entitled to advantageous treatment based on more than 200 years of public policy, says Robert Redmond at McGuireWoods.

  • Opinion

    Leverage The National Interest Waiver To Help US Economy

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    Understanding the intricacies and complexities of the national interest waiver, and positioning this immigration benefit to foreign nationals who are likely to create jobs for U.S. workers in health care, technology and other fields, are integral to post-pandemic economic recovery, says Miatrai Brown at Hayman Woodward.

  • Why The Future Law Firm Model Is Industry-Based Offerings

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    Multidisciplinary, industry-based groups at law firms allow for more holistic legal advice, lead to sustainable client relationships, and are likely to replace practice group monoliths at many firms, say Jennifer Simpson Carr at Furia Rubel, Timothy Corcoran at Corcoran Consulting and Mike Mellor at Pryor Cashman.

  • Thought Leadership's Critical Role In Law Firm Diversity

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    Minority attorneys are often underrepresented in conferences, media interviews and other law firm thought leadership campaigns, which affects their visibility with potential clients and their ability to advance at their firms, says John Hellerman at Hellerman Communications.

  • Opinion

    The Senate's Filibuster Rules Are Unconstitutional

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    The U.S. Senate filibuster rules are inconsistent with several provisions of the Constitution, and even if lawmakers decline to abolish the political tactic and no plaintiff can be found to bring its constitutional flaws before the courts, the Senate has at least three options to reduce filibuster use, says Kirk Jenkins at Arnold & Porter.

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