8th Circ. Won't Nix Deportation Under Child Abuse Rule 1 Immigration News 8th Circ. Won't Nix Deportation Under Child Abuse Rule

Law360 (July 29, 2021, 5:29 PM EDT) — The Eighth Circuit refused on Thursday to review a Honduran man’s bid for deportation relief reserved for victims of child abuse, saying the government had discretion to decide he didn’t deserve exemption because of his criminal history.In a published opinion authored by U.S. Circuit Judge Steven Colloton, a unanimous appellate panel rejected noncitizen Sergio Naun Mencia-Medina’s petition for review of a Board of Immigration Appeals decision to deport him after he was convicted of threatening his ex-girlfriend’s stepfather with a samurai sword.A Minnesota immigration judge had initially granted Mencia-Medina’s request to avoid deportation, finding that he qualified for special…

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Bipartisan Sens. Propose 77 New Fed. Judgeships Nationwide 2 Immigration News Bipartisan Sens. Propose 77 New Fed. Judgeships Nationwide

Law360 (July 29, 2021, 4:21 PM EDT) — A bipartisan pair of senators on Thursday announced a bill that would add 77 federal district court seats across the country, matching the judiciary’s recommendations except for omitted appellate seats and splitting the new judgeships between 2025 and 2029 to sidestep partisan concerns.Sens. Todd Young, R-Ind., and Chris Coons, D-Del., said they want to see the first comprehensive expansion of the federal judiciary since 1990 to address overburdened courts that hinder access to justice.The Judges Act proposal matches the Judicial Conference of the United States’ recent recommendations for 77 new district judgeships in 13 states across the country —…

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Key I-9 Compliance Steps To Prepare For Office Reopenings 3 Immigration News Key I-9 Compliance Steps To Prepare For Office Reopenings

Law360 (July 29, 2021, 4:19 PM EDT) — Many employers have chosen dates in the fall for their official office reopenings and have spent many months considering all the complicated factors involved in the post-pandemic workplace.One time-sensitive topic that may have been overlooked is Form I-9, Employment Eligibility Verification compliance in the context of office reopening.While U.S. Immigration and Customs Enforcement has allowed some flexibility for U.S. employers over the course of the COVID-19 pandemic, the relaxed rules will no longer apply once employees are routinely and predictably in the office. Without this flexibility, employers must act quickly to (1) update I-9s completed during the pandemic pursuant to…

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Biden Immigration Plan Seeks Help From Allies, Private Sector 4 Immigration News Biden Immigration Plan Seeks Help From Allies, Private Sector

Law360 (July 29, 2021, 7:12 AM EDT) — The White House on Thursday expanded on President Joe Biden’s 21-point plan to reshape federal immigration policy, underscoring that the success of the initiatives will depend on support from partner nations as well as private sector actors.Following the release of a blueprint earlier this week, which centers on improving asylum processing at the U.S.-Mexico border and stemming the number of migrants from Central America, senior administration officials told reporters that private businesses will be encouraged to invest in Central America with the goal of boosting economic conditions and creating less of an incentive for migrants to move to the U.S….

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Texas Migrant Youth Shelter Faces More Mistreatment Claims 5 Immigration News Texas Migrant Youth Shelter Faces More Mistreatment Claims

Law360 (July 28, 2021, 7:24 PM EDT) — Two more whistleblowers came forward on Wednesday accusing a Texas shelter of holding migrant children in abusive and inhumane conditions amid organizational chaos in a complaint lodged with Congress and a government watchdog.Undocumented children held at the Fort Bliss emergency intake shelter are subjected to sexual harassment, underwear shortages, poor management of coronavirus outbreaks and subpar mental health services due to mismanagement by inexperienced private contractors and a culture of secrecy, two federal employees volunteering at the site told federal lawmakers, the U.S. Office of Special Counsel, and the Office of the Inspector General in the U.S. Department of Health…

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Mass. Judge Axes Wage Suit Against Au Pair Agency 6 Immigration News Mass. Judge Axes Wage Suit Against Au Pair Agency

Law360 (July 28, 2021, 6:41 PM EDT) — A Massachusetts federal judge dismissed child care consultants’ proposed class claims that an au pair agency illegally denied them minimum wage, saying the workers, who had provided “inconsistent” testimony, hadn’t shown they were underpaid.The testimony Fernanda Maldonado and Heather Lieber, two former Cultural Care Inc. employees, provided in courtroom depositions hadn’t backed up their wage claims. They later challenged the testimony through late-submitted affidavits, but Judge Stearns refused to consider them, saying Tuesday the workers had failed to explain why their testimony changed.The fact the affidavits were submitted after class discovery ended “suggests that the statements were made solely…

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Biden Judicial Noms Draw Rare GOP Praise, Unlike DOJ Pick 7 Immigration News Biden Judicial Noms Draw Rare GOP Praise, Unlike DOJ Pick

Law360 (July 28, 2021, 6:19 PM EDT) — President Joe Biden’s selections for the Fourth Circuit and district courts in Connecticut and Virginia drew unusual bipartisan accolades at a Senate confirmation hearing Wednesday, although some Republicans did lambaste a former Boies Schiller partner tapped for a top post at the U.S. Department of Justice.Hampton Y. DellingerGOP senators split on former Boies Schiller Flexner LLP partner Hampton Y. Dellinger, Biden’s choice to be assistant attorney general for the DOJ’s Office of Legal Policy, an in-house “think tank” that also vets judicial nominees. A Republican from Dellinger’s home state endorsed him after hearing “support from across the political spectrum,” but other…

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Law Firms, Know Who's Responsible For Your Cloud Security 8 Immigration News Law Firms, Know Who's Responsible For Your Cloud Security

Law360 (July 28, 2021, 4:36 PM EDT) — Knowledge-centric organizations — including law firms and corporate legal departments — have been turning to the cloud in increasing numbers in recent years, using it to store their sensitive and confidential documents, communications, and other files.There’s good reason for this shift: The cloud has proven itself as a highly secure environment for this type of privileged material.If you were to pick a lawyer at random, though, and ask them how exactly the cloud protects their files or who exactly is responsible for the different security aspects of the cloud, their answer might be a little fuzzy. Lawyers generally know…

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DHS Approves Border Wall Remediation Projects 9 Immigration News DHS Approves Border Wall Remediation Projects

Law360 (July 28, 2021, 2:46 PM EDT) — U.S. Secretary of Homeland Security Alejandro Mayorkas approved a group of projects to restore power, address safety risks and otherwise mitigate the environmental damages of the Trump administration’s U.S.-Mexico border wall.The four new projects will be financed through funds Congress set aside for the border wall and are a part of President Joe Biden’s plan to use Trump-era border wall funding to remediate safety and environmental issues stemming from the construction, such as soil erosion.”These projects are reflective of the commitment of DHS to ensure the health, safety and welfare of communities along the border, individuals encountered there and…

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BREAKING: Judge O'Malley To Retire, Giving Biden 2nd Fed. Circ. Seat 10 Immigration News BREAKING: Judge O'Malley To Retire, Giving Biden 2nd Fed. Circ. Seat

Law360 (July 28, 2021, 9:33 AM EDT) — Federal Circuit Judge Kathleen O’Malley will be retiring in March, according to a U.S. Courts posting, giving President Joe Biden a chance to name a second judge to the appeals court.Judge O’Malley, 64, had been appointed to the court in 2010 by President Barack Obama, after serving as a judge in the Northern District of Ohio for 16 years. She will be eligible for senior status after her November birthday, but according to the Tuesday vacancy notification, she will not be taking it. Before becoming a judge, she’d previously worked at the Ohio Attorney General’s Office, Porter Wright Morris & Arthur LLP and Jones Day. Her…

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