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Immigration
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May 21, 2025
News Orgs Not Entitled To Abrego Garcia Files, Feds Say
The U.S. Department of Justice told a Maryland federal judge that more than a dozen news organizations looking to unseal records in litigation challenging the removal of Kilmar Abrego Garcia to El Salvador have no right to access sensitive discovery materials.
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May 21, 2025
Okla. Judge Reaffirms Block Of State Immigration Law
An Oklahoma federal judge entered a two-week block on an Oklahoma law that makes it a crime for unauthorized immigrants to live in the state, reaffirming a prior ruling that the state law was likely unconstitutional.
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May 21, 2025
'Only God Knows My Name': 11th Circ. OKs Doe's Conviction
The 11th Circuit on Wednesday affirmed the conviction of a man who refused to be identified by immigration officials, saying, "Only God knows my name," ruling the lower court correctly held the criminal statute he was charged under applied to him although it couldn't prove he lawfully entered the country.Â
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May 21, 2025
Immigrant Groups Appeal Denied Bid To Halt IRS-ICE Deal
Immigrant advocacy groups on Wednesday appealed a D.C. federal judge's order denying their bid to block the IRS from sharing taxpayer data with immigration enforcement agencies, with their counsel warning "it will be too late" once the information is shared.
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May 21, 2025
Democrats Wary of Nominees' Pledge To Honor Court Orders
Nominees for top roles at the U.S. Department of Justice and the U.S. Department of Homeland Security fended off questions from Democrats on Wednesday about the Trump administration's willingness to defy court orders and pledged that the White House would at least follow rulings of the Supreme Court.
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May 21, 2025
Gov't Violated Court Order With Removals, Judge Says
A Massachusetts federal judge on Wednesday found that the government violated his order requiring due process protections for individuals facing removal to countries where they have no ties and may face harm, after a group of migrants were put on a plane bound for war-torn South Sudan with just hours' notice.
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May 20, 2025
'Not A Denny's': 5th Circ. Judge Chides High Court Stopwatch
The Fifth Circuit on Tuesday expedited a case brought by Venezuelans who are accused of being gang members and who are challenging the use of a 1798 wartime law to deport them to an El Salvador prison, with one judge chastising the U.S. Supreme Court's majority for allowing the appeal to move forward.
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May 20, 2025
Chancery Orders EB-5 Co. Head To Pay Ousted Member $6.9M
A Delaware vice chancellor has ordered the founder and controller of a Philadelphia-based center that oversees an investment incentive program for foreign nationals to pay nearly $6.9 million to a member who was obliged to cash out under what the court found to be unfair, conflicted terms.
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May 20, 2025
Gov't Says Unions Too Slow In Calling For Halt Of Restructure
President Donald Trump called for a California federal judge to tank an injunction bid from unions and advocacy groups about his executive order instructing agencies to plan for reductions in force, arguing the request was delayed and the district court lacks jurisdiction.
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May 20, 2025
The Alien Enemies Act Cases: A Roundup
Litigation over President Donald Trump’s March 14 proclamation invoking the 1798 Alien Enemies Act has moved at breakneck speed, spurring two U.S. Supreme Court decisions already while at least five different districts weigh his authority to invoke the wartime law. Here, Law360 catches you up on major developments in the litigation.
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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.
Expert Analysis
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5 Tips To Succeed In A Master Of Laws Program And Beyond
As lawyers and recent law school graduates begin their Master of Laws coursework across the country, they should keep a few pointers in mind to get the most out of their programs and kick-start successful careers in their practice areas, says Kelley Miller at Reed Smith.
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Series
Being An Opera Singer Made Me A Better Lawyer
My journey from the stage to the courtroom has shown that the skills I honed as an opera singer – punctuality, memorization, creativity and more – have all played a vital role in my success as an attorney, says Gerard D'Emilio at GableGotwals.
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How Law Firms Can Avoid 'Collaboration Drag'
Law firm decision making can be stifled by “collaboration drag” — characterized by too many pointless meetings, too much peer feedback and too little dissent — but a few strategies can help stakeholders improve decision-making processes and build consensus, says Steve Groom at Miles Mediation.
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Opinion
Litigation Funding Disclosure Key To Open, Impartial Process
Blanket investor and funding agreement disclosures should be required in all civil cases where the investor has a financial interest in the outcome in order to address issues ranging from potential conflicts of interest to national security concerns, says Bob Goodlatte, former U.S. House Representative for Virginia.
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What NFL Draft Picks Have In Common With Lateral Law Hires
Nearly half of law firm lateral hires leave within a few years — a failure rate that is strikingly similar to the performance of NFL quarterbacks drafted in the first round — in part because evaluators focus too heavily on quantifiable metrics and not enough on a prospect's character traits, says Howard Rosenberg at Baretz+Brunelle.
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Replacing The Stigma Of Menopause With Law Firm Support
A large proportion of the workforce is forced to pull the brakes on their career aspirations because of the taboo surrounding menopause and a lack of consistent support, but law firms can initiate the cultural shift needed by formulating thoughtful workplace policies, says Barbara Hamilton-Bruce at Simmons & Simmons.
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Planning Law Firm Content Calendars: What, When, Where
During the slower month of August, law firms should begin working on their 2025 content calendars, planning out a content creation and distribution framework that aligns with the firm’s objectives and maintains audience engagement throughout the year, says Jessica Kaplan at Legally Penned.
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Series
Playing Golf Makes Me A Better Lawyer
Golf can positively affect your personal and professional life well beyond the final putt, and it’s helped enrich my legal practice by improving my ability to build lasting relationships, study and apply the rules, face adversity with grace, and maintain my mental and physical well-being, says Adam Kelly at Venable.
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Law Firms Should Move From Reactive To Proactive Marketing
Most law firm marketing and business development teams operate in silos, leading to an ad hoc, reactive approach, but shifting to a culture of proactive planning — beginning with comprehensive campaigns — can help firms effectively execute their broader business strategy, says Paul Manuele at PR Manuele Consulting.
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Opinion
The Big Issues A BigLaw Associates' Union Could Address
A BigLaw associates’ union could address a number of issues that have the potential to meaningfully improve working conditions, diversity and attorney well-being — from restructured billable hour requirements to origination credit allocation, return-to-office mandates and more, says Tara Rhoades at The Sanity Plea.
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Opinion
It's Time For A BigLaw Associates' Union
As BigLaw faces a steady stream of criticism about its employment policies and practices, an associates union could effect real change — and it could start with law students organizing around opposition to recent recruiting trends, says Tara Rhoades at The Sanity Plea.
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How Justices Upended The Administrative Procedure Act
In its recent Loper Bright, Corner Post and Jarkesy decisions, the U.S. Supreme Court fundamentally changed the Administrative Procedure Act in ways that undermine Congress and the executive branch, shift power to the judiciary, curtail public and business input, and create great uncertainty, say Alene Taber and Beth Hummer at Hanson Bridgett.
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Haste Is Priority For Participation In New Green Card Program
Immigration practitioners should determine their clients' eligibility under the Biden administration’s new policy to help certain noncitizens, particularly those married to U.S. citizens, to apply for green cards, and do so without delay given uncertainty tied to the upcoming election, says Brad Brigante at Brigante Law.
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Mirror, Mirror On The Wall, Is My Counterclaim Bound To Fall?
A Pennsylvania federal court’s recent dismissal of the defendants’ counterclaims in Morgan v. Noss should remind attorneys to avoid the temptation to repackage a claim’s facts and law into a mirror-image counterclaim, as this approach will often result in a waste of time and resources, says Matthew Selmasska at Kaufman Dolowich.
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Series
Playing Dungeons & Dragons Makes Me A Better Lawyer
Playing Dungeons & Dragons – a tabletop role-playing game – helped pave the way for my legal career by providing me with foundational skills such as persuasion and team building, says Derrick Carman at Robins Kaplan.