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Immigration
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May 20, 2025
9th Circ. Says Dad Didn't Show Sons' Hardships If Deported
The Ninth Circuit on Tuesday rejected a Mexican father's bid for deportation relief based on extreme hardships he claimed his sons would face if they accompanied him to Mexico, saying in a published opinion that substantial evidence suggested otherwise.
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May 20, 2025
Feds Ignored Order With South Sudan Removals, Judge Told
Lawyers for immigrants at risk of being deported to countries where they have no prior ties and may face harm told a Boston federal judge Tuesday that the government removed at least two class members to South Sudan in violation of a court order.
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May 20, 2025
9 Students Can Keep F-1 Visa Status, NJ Judge Says
A New Jersey federal judge has blocked the U.S. Department of Homeland Security from detaining or deporting a group of nine international students or terminating their F-1 immigration status, finding that there is no evidence the students failed to maintain it.
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May 20, 2025
4th Circuit Won't Halt Order For Asylum-Seeker's Return
A divided Fourth Circuit denied the Trump administration's request to halt a district court order requiring the government to bring back a 20-year-old Venezuelan with a pending asylum application who was deported to a Salvadoran prison despite a class settlement barring his removal.
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May 20, 2025
Trump Case May Bolster Wis. Judge's Pitch For Immunity
The Wisconsin judge accused of obstructing federal immigration authorities' arrest of an unauthorized migrant in her courtroom has a strong argument that judicial immunity protects her after the U.S. Supreme Court's presidential immunity ruling, some experts say, while others say judicial immunity does not extend to criminal prosecutions.
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May 19, 2025
Feds Want Full 2nd Circ. To Toss Student Removal Challenges
The U.S. Department of Justice has asked the full Second Circuit to reconsider a pair of decisions siding with students who say they were detained by immigration officials for expressing pro-Palestinian views, doubling down on its argument that courts don't have the jurisdiction to consider the government's removal decisions.
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May 19, 2025
Feds Denied Stay In 1st Circ. Third Country Removal Suit
The First Circuit rejected the Trump administration's attempt to halt a federal court order directing the U.S. Department of Homeland Security to provide due process protections for immigrants facing deportation to third countries where they have no ties.
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May 19, 2025
2nd Circ. Tosses Case Of 30-Year Undocumented Immigrant
The Second Circuit on Monday affirmed the dismissal of a Chinese woman's lawsuit challenging the denial of her adjustment of status, saying the denial triggered a bar on judicial review, even if it wasn't an immigration court that denied her application.
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May 19, 2025
21 AGs Join Fight To Keep DHS Oversight Offices Open
A group of 21 attorneys general joined nonprofits Friday in urging a D.C. federal judge to force the Trump administration to reopen offices that oversee various U.S. Department of Homeland Security programs and investigate related civil rights claims, arguing that the DHS' abrupt closure of the offices could have devastating consequences.
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May 19, 2025
ICE Can't Deport Day Laborers Arrested In Home Depot Lot
A California federal judge has temporarily barred the Trump administration from deporting a group of Guatemalan immigrant day laborers who claim they were unconstitutionally arrested in a Home Depot parking lot hundreds of miles from the U.S.-Mexico border and illegally forced into expedited deportation proceedings.
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May 19, 2025
Justices Allow End Of Temporary Protections For Venezuelans
The U.S. Supreme Court ruled Monday that the Trump administration may rescind temporary protected status for Venezuelans, lifting a California federal judge's order requiring the government to keep Biden-era removal protections and work authorizations in place during a legal battle over a policy change.
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May 16, 2025
Woman Can't Get Bond After Arrest Near Border, Board Rules
The Board of Immigration Appeals affirmed Friday that a woman who Interpol wanted to be arrested is ineligible for release on bond, rejecting her contention that she was detained near the border under a certain section of federal immigration law that allows for her release.
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May 16, 2025
9th Circ. Revives Nicaraguan Family's Asylum Bid
A split Ninth Circuit panel on Friday revived a Nicaraguan family's bid for deportation relief, saying an immigration judge improperly handled their claims of persecution stemming from a mother's participation in a 2018 march protesting the country's Ortega regime.
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May 16, 2025
DOJ's Privilege Claim Questioned In Abrego Garcia Case
A Maryland federal judge said Friday that the Trump administration had provided scant explanation for invoking state secrets privilege to shield information in litigation challenging the removal of Kilmar Abrego Garcia to El Salvador.
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May 16, 2025
Trump Calls On Justices To Stay Block Of Gov't Restructuring
President Donald Trump asked the U.S. Supreme Court on Friday to pause a California federal judge's order temporarily halting agencies from implementing an executive order to plan reorganizations and reductions in force, claiming the lower court's decision has caused confusion and wasted taxpayer dollars.
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May 16, 2025
Chicago, Denver Sue DHS To Keep Migrant Funding Flowing
Chicago, Denver and an Arizona county sued the U.S. Department of Homeland Security on Friday for allegedly overstepping Congress' authority by clawing back funds to shelter and assist new migrants, claiming the agency has decided to eliminate the Biden-era program without congressional approval.
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May 16, 2025
11th Circ. Troubled By Feds' Reversal On ALJ Removal Law
Eleventh Circuit arguments on whether Walmart Inc. must face an administrative law judge over alleged immigration recordkeeping violations were derailed Friday by the court's concerns about the Trump administration's decision to no longer defend the statute protecting such judges from removal by the executive branch.
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May 16, 2025
Justices Keep Pause On Some Venezuelan Removals
The U.S. Supreme Court on Friday reasserted that the Trump administration cannot remove from the country alleged Venezuelan gang members who are currently detained in northern Texas under the Alien Enemies Act while they challenge the president's invocation of the 1798 wartime law.
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May 16, 2025
5th Circ. Reverses Intervention Denial For Border Wall Cos.
A Texas federal judge erred when he refused to let several government contractors and the Sierra Club intervene in a lawsuit that blocked the use of border wall funding for anything other than new barrier construction, the Fifth Circuit ruled Thursday.
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May 15, 2025
Each Justice's Key Comments At Universal Injunction Args
U.S. Supreme Court justices conducted a searching inquiry Thursday regarding the Trump administration's quest to curtail sweeping injunctions against its agenda, sometimes sounding sympathetic but also wary of alternative remedies and the White House's willingness to accept any future courtroom losses.
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May 15, 2025
Judge Rescinds Refugee Order In Trump Shutdown Challenge
A Washington federal judge on Thursday walked back an order instructing the Trump administration to admit thousands of refugees, saying the Ninth Circuit has further clarified its ruling allowing the federal government to largely proceed with the president's suspension of the refugee program pending a legal challenge.
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May 15, 2025
11th Circ. Urged Not To Rush Appeal Of Fla. Migrant Law Block
Immigration organizations have told the Eleventh Circuit there is no need to expedite Florida's appeal of an injunction blocking a state law criminalizing the entry of unauthorized immigrants because the state has produced no practical reason to speed up the appeal.
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May 15, 2025
Nepalese Man's CAT Protection Denied by Appeals Board
The Board of Immigration Appeals affirmed an immigration judge's denial of a Nepalese man's request for protection under the Convention Against Torture, agreeing he did not show that public officials there were likely to acquiesce to his torture.
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May 15, 2025
Unions, Groups Seek Injunction To Block Gov't Restructuring
A California federal judge must greenlight a nationwide injunction to stop multiple federal agencies from moving ahead with implementing reorganization and mass termination plans linked to an executive order, a coalition of unions and groups argued, making their request on the heels of a temporary restraining order.
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May 15, 2025
Justices Wary Of Pausing Sweeping Injunctions In Birthright Case
A majority of the U.S. Supreme Court seemed eager Thursday to limit lower courts' use of universal injunctions generally, but several justices voiced concerns about the effect such a ruling would have on lawsuits challenging the constitutionality of President Donald Trump's executive order that aims to limit birthright citizenship.
Expert Analysis
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What To Do When ICE Shows Up At The Hospital
In light of recent executive orders and changes to enforcement directives permitting U.S. Immigration and Customs Enforcement agents to enter sensitive locations like hospitals, healthcare providers should understand how to balance compliance with existing health laws and patient care obligations, say attorneys at Davis Wright.
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Unpacking The Legal Foundation Of Trump's New Trade War
President Donald Trump's recent executive orders and proclamations regarding emergencies at the U.S. border are based on statutory powers enabling a president to address extraordinary external threats — and could be used to fend off legal challenges to the tariffs levied on Mexican and Canadian goods, says Chris Zona at Mandelbaum Barrett.
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When Innovation Overwhelms The Rule Of Law
In an era where technology is rapidly evolving and artificial intelligence is seemingly everywhere, it’s worth asking if the law — both substantive precedent and procedural rules — can keep up with the light speed of innovation, says Reuben Guttman at Guttman Buschner.
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Drug Cartels' Terrorist Label Raises Litigation Risk For Cos.
President Donald Trump's planned designation of some Latin American drug-trafficking groups as foreign terrorist organizations creates an additional and little-noticed source of legal exposure: U.S. civil litigation risk involving terrorism claims by victims of those groups, say attorneys at Covington.
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Imagine The Possibilities Of Openly Autistic Lawyering
Andi Mazingo at Lumen Law, who was diagnosed with autism about midway through her career, discusses how the legal profession can create inclusive workplaces that empower openly autistic lawyers and enhance innovation, and how neurodivergent attorneys can navigate the challenges and opportunities that come with disclosing one’s diagnosis.
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Birthright Order Denies 14th Amendment's Purpose, Origin
President Trump's executive order ending birthright citizenship invokes logic explicitly rejected by the framers of the 14th Amendment, demonstrating the administration's fundamental misunderstanding of the citizenship clauses' origins, jurisprudence, and impact on how Americans understand equality and national belonging, says Mauni Jalali at Quinn Emanuel.
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A Look At Order Ending Federal Contractor Affirmative Action
To comply with President Donald Trump's executive order revoking affirmative action requirements in the next 90 days, federal contractors should focus on identification of protected groups, responsibilities of "diversity officer" positions and annual compliance reviews, says Jeremy Burkhart at Holland & Knight.
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Series
Documentary Filmmaking Makes Me A Better Lawyer
Becoming a documentary filmmaker has allowed me to merge my legal expertise with my passion for storytelling, and has helped me to hone negotiation, critical thinking and problem-solving skills that are important to both endeavors, says Robert Darwell at Sheppard Mullin.
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Litigation Funding Disclosure Debate: Strategy Considerations
In the ongoing debate over whether courts should require disclosure of litigation funding, funders and plaintiffs tend to argue against such mandates, but voluntarily disclosing limited details about a funding arrangement can actually confer certain benefits to plaintiffs in some scenarios, say Andrew Stulce and Marc Cavan at Longford Capital.
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Trump's Day 1 Orders Augur Disruptions In Travel To US
While the orders President Donald Trump issued his first day in office didn't impose immediate entry bans as some speculated, they authorized greatly increased scrutiny of foreign nationals at U.S. consulates and ports of entry, and laid the groundwork for future actions that could significantly disrupt international travel, says Jennifer Kim at Moore & Van Allen.
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Series
Adventure Photography Makes Me A Better Lawyer
Photographing nature everywhere from Siberia to Cuba and Iceland to Rwanda provides me with a constant reminder to refresh, refocus and rethink the legal issues that my clients face, says Richard Birmingham at Davis Wright.
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5 Ways To Create Effective Mock Assignments For Associates
In order to effectively develop associates’ critical thinking skills, firms should design mock assignments that contain a few key ingredients, from messy fact patterns to actionable feedback, says Abdi Shayesteh at AltaClaro.
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The 7th Circ.'s Top 10 Civil Opinions Of 2024
Attorneys at Jenner & Block examine the most significant decisions issued by the Seventh Circuit in 2024, and explain how they may affect issues related to mass arbitration, consumer fraud, class certification and more.
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Mentorship Resolutions For The New Year
Attorneys tend to focus on personal achievements or career milestones when they set yearly goals, but one important area often gets overlooked in this process — mentoring relationships, which are some of the most effective tools for professional growth, say Kelly Galligan at Rutan & Tucker and Andra Greene at Phillips ADR.
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Series
Coaching Little League Makes Me A Better Lawyer
While coaching poorly played Little League Baseball early in the morning doesn't sound like a good time, I love it — and the experience has taught me valuable lessons about imperfection, compassion and acceptance that have helped me grow as a person and as a lawyer, says Alex Barnett at DiCello Levitt.