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Immigration
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June 27, 2025
Afghan Can't Halt Removal In Biden-Era Asylum Rule Suit
A D.C. federal judge has denied a bid by an Afghan asylum-seeker to stay his imminent removal while he challenges a Biden-era rule allowing asylum officers to quickly deny requests if a mandatory bar to asylum exists.
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June 27, 2025
Off The Bench: Tatis Says Loan 'Predatory,' Tennis Player Suit
In this week's Off The Bench, a Major League Baseball star wants out of a "predatory" loan from a future earnings investment company, a group of migrant workers keep alive their suit accusing companies that helped develop World Cup facilities in Qatar of exploitation and abuse, and the tennis Grand Slam tournaments may be in the crosshairs of players suing the sport's hierarchy.
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June 27, 2025
4th Circ. Won't Undo Salvadoran's Illegal Reentry Conviction
A Fourth Circuit panel rejected a Salvadoran man's attempt to dismiss his charge, and eventual conviction, for illegally reentering the United States, saying he failed to demonstrate that his near decade-old removal order was "fundamentally unfair."
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June 27, 2025
BNP Alleges 'Coaching' In Refugee Case Sanctions Bid
BNP Paribas has asked a Manhattan federal judge to open a sanctions investigation into plaintiffs' attorneys leading a long-running suit alleging the bank had a hand in funding human rights violations perpetrated by the former Sudanese government, accusing the attorneys of "coaching" prospective class members to submit potentially falsified claims.
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June 27, 2025
Justices Limit Universal Injunctions But Defer On Citizenship
The U.S. Supreme Court ruled Friday that President Donald Trump can partially implement his executive order aimed at limiting birthright citizenship, in a ruling that significantly limits the ability of federal district court judges to issue nationally applicable orders against presidential edicts and policy initiatives.
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June 26, 2025
Ex-NY Gov. Aide Hit With New PPE Fraud Scheme Charges
A federal grand jury Wednesday tacked on charges against a former top aide to two New York governors in a case accusing her of secretly acting as a Chinese government agent, alleging she illegally steered government contracts during the COVID-19 pandemic to businesses she was secretly connected to.
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June 26, 2025
Judge Allows World Cup Forced Labor Suit To Proceed
A Colorado federal judge Thursday allowed Filipino workers alleging they were subject to abuse while building stadiums for the 2022 FIFA World Cup in Qatar to proceed with their claims.
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June 26, 2025
Immigrants Tell 1st Circ. DHS Can't Justify Parole Program Ax
A class of nearly 500,000 immigrants from Cuba, Haiti, Nicaragua and Venezuela told the First Circuit on Wednesday that the Trump administration can't show that a Massachusetts federal judge abused her discretion in blocking the government's rescission of temporary Biden-era removal protections.
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June 26, 2025
Md. Judge Won't Rush Abrego Garcia's Bid To Avoid Removal
A federal judge declined Thursday to rule immediately on Kilmar Armando Abrego Garcia's emergency request to bar the government from quickly deporting him once he's released from detention in his criminal case in Tennessee, expressing concern about her jurisdiction.
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June 26, 2025
Trump Admin. Moves To Fast-Track Immigration Fines
The U.S. Department of Justice and U.S. Department of Homeland Security released an interim final rule on Thursday aimed at making it easier to impose civil monetary penalties on noncitizens who enter the country without authorization or fail to voluntarily depart.
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June 26, 2025
ICE Agents Could Testify Anonymously In 1st Am. Trial
A Massachusetts federal judge suggested Thursday he is open to allowing U.S. Immigration and Customs Enforcement agents to testify anonymously at an upcoming bench trial in a suit brought by academic groups challenging the detention of noncitizen students and faculty who express pro-Palestinian views.
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June 26, 2025
Justices Say DHS Orders Final In Withholding-Removal Cases
The U.S. Supreme Court held Thursday that the 30-day statutory deadline for challenging deportation orders in withholding of removal cases starts when the U.S. Department of Homeland Security issues a final administrative review order, not when Board of Immigration Appeals proceedings conclude.
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June 25, 2025
Judge Blocks Colo. Gov. From Forcing Cooperation With ICE
A Colorado state judge on Wednesday blocked Gov. Jared Polis from forcing certain state labor department employees to comply with a U.S. Immigration and Customs Enforcement subpoena, but he stopped short of prohibiting Polis from cooperating with the federal agency.
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June 25, 2025
4th Circ. Won't Revive Honduran's Bid To Cancel Removal
The Fourth Circuit rejected a Honduran national's claim that the Executive Office of Immigration Review's unlawfully delayed granting his application for cancellation of removal, saying no binding policy requires the agency to act within a certain time frame.
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June 25, 2025
Judge Rejects Feds' Bid To Thwart Abrego Garcia's Release
A Tennessee federal judge Wednesday denied the Trump administration's bid to stay Kilmar Abrego Garcia's release from detention on certain conditions, saying the government's contention it would suffer irreparable injury should he be released "defies logic."
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June 25, 2025
DOJ Says OC Won't Provide Noncitizen Voter Cancellation Info
The Orange County Registrar of Voters is illegally withholding unredacted information of noncitizens whose registrations were voided, according to a lawsuit filed Wednesday in California federal court by the U.S. Department of Justice, which recently received a complaint from the relative of a noncitizen who purportedly received a mail-in ballot.
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June 25, 2025
DOL Urges Judge Not To Block H-2A Prevailing Wage Rules
The U.S. Department of Labor defended its 2022 H-2A prevailing wage regulations against claims from a farmworker union in Washington federal court, arguing the agency's rules are lawful and must be upheld.
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June 25, 2025
Community College Fights DOJ's Bid To End Texas Dream Act
A Texas community college wants to intervene in the Trump administration's lawsuit challenging a state law allowing in-state tuition for unauthorized immigrants, arguing that the federal government colluded with the state to deprive the court of the opportunity to consider the law's constitutionality.
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June 25, 2025
Watchdog Targets US Atty Over Arrests, Probes Of NJ Officials
The legal ethics watchdog Campaign for Accountability on Wednesday accused interim U.S. Attorney for New Jersey Alina Habba of an "abuse of power" over her office's recent investigations and arrests of New Jersey officials and called for an ethics investigation.
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June 25, 2025
NJ Rep. McIver Pleads Not Guilty In ICE Facility Incident
U.S. Rep. LaMonica McIver pled not guilty Wednesday in New Jersey federal court to assault and interference charges stemming from an incident at an immigration detention center in Newark on May 9.
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June 25, 2025
9th Circ. Says Mexican Man Can't Vacate Firearm Conviction
A split Ninth Circuit panel has refused to vacate a Mexican national's conviction for possession of a firearm while present in the U.S. without authorization, saying there's no reasonable likelihood that the jury would have reached a different conclusion with different instructions.
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June 25, 2025
DOJ Sues Md. Federal Judges Over 'Lawless' Habeas Orders
The Trump administration is suing the Maryland federal district court and all of its judges over a standing order that temporarily staves off the deportation of detained noncitizens who file habeas petitions.
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June 24, 2025
Colo. Gov.'s Enforcement Of ICE Subpoena Called A 'Disaster'
The state director who sued Colorado Gov. Jared Polis over an order to comply with a U.S. Immigration and Customs Enforcement subpoena said Tuesday in Colorado state court that the testimony given the day prior by a Polis appointee was not fully accurate.
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June 24, 2025
2nd Circ. Tells Feds To 'Facilitate' Another Deportee's Return
The Trump administration must "facilitate the return" to the U.S. of a man deported to El Salvador in violation of an order blocking his removal, the Second Circuit ruled Tuesday, citing a U.S. Supreme Court decision backing the return of a Maryland man improperly deported to a Salvadoran prison.
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June 24, 2025
E-Verify Restrictions Are Not Preempted, Illinois Argues
The federal court handling the U.S. government's lawsuit targeting a recent Illinois statute restricting the use of electronic employment verification systems on prospective hires should reject the government's injunction request and dismiss the case instead, because the statute steers clear of federal immigration law, the state asserted.
Expert Analysis
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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.
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Ruling Shows High Court Willing To Limit Immigration Review
The U.S. Supreme Court's recent decision in Bouarfa v. Mayorkas is the latest demonstration of the court’s readiness to limit judicial review in the immigration space, a notable break from other recent decisions that expanded judicial review of agency decisions in other areas, says Mark Fleming at WilmerHale.
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5 Litigation Funding Trends To Note In 2025
Lawyers and their clients must be prepared to navigate an evolving litigation funding market in 2025, made more complicated by a new administration and the increasing overall cost of litigation, says Jeffery Lula at GLS Capital.
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Rethinking Litigation Risk And What It Really Means To Win
Attorneys have a tendency to overestimate litigation risk before summary judgment and underestimate risk after it, but an eight-stage litigation framework can clarify risk at different points and help litigators reassess what true success looks like in any particular case, says Joshua Libling at Arcadia Finance.
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How DOGE's Bite Can Live Up To Its Bark
All signs suggest that the Department of Government Efficiency will be an important part of the new Trump administration, with ample tools at its disposal to effectuate change, particularly with an attentive Republican-controlled Congress, say attorneys at K&L Gates.
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Opinion
Laken Riley Act Will Not Advance Immigration Reform
By granting states legal standing to sue the U.S. Department of Homeland Security for immigration violations, the Laken Riley Act enables states to block all kinds of federal actions they don't like but provides little reason for them to be invested in positive change, says Jacob Hamburger at Cornell University Law School.
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Series
Playing Rugby Makes Me A Better Lawyer
My experience playing rugby, including a near-fatal accident, has influenced my legal practice on a professional, organizational and personal level by showing me the importance of maintaining empathy, fostering team empowerment and embracing the art of preparation, says James Gillenwater at Greenberg Traurig.
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Opinion
No, Litigation Funders Are Not 'Fleeing' The District Of Del.
A recent study claimed that litigation funders have “fled” Delaware federal court due to a standing order requiring disclosure of third-party financing, but responsible funders have no problem litigating in this jurisdiction, and many other factors could explain the decline in filings, say Will Freeman and Sarah Tsou at Omni Bridgeway.
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5 E-Discovery Predictions For 2025 And Beyond
In the year to come, e-discovery will be shaped by new and emerging trends, from the adoption of artificial intelligence provisions in protective orders, to the proliferation of emojis as a source of evidence in contemporary litigation, say attorneys at Littler.