Civil Procedure, Immigration Law

Labor & Employment E-Note - May 14, 2013

by Amy Jordan, Bryance Metheny, John Paul Nefflen, Thomas Potter, III | Burr & Forman on 5/15/2013

In This Issue: - Court Rules NLRB's Workplace Union Notices Violated Law - NLRB Urges Regional Directors to Maintain High Settlement Rate - EEOC Seeing Rising Number of Age Discrimination Complaints - OSHA...more

Business Law Newsletter - May 2013

by Rachelle E. Hill, James V. Irving, Alecia Schmuhl | Bean, Kinney & Korman, PC on 5/6/2013

In This Issue: - Subpoenas: What Are They and What Do You Do If You or Your Business Receives One? - Sequestration and the Continuing Resolution’s Effect on Government Contracting - New I-9 Creates Risk...more

Global Connection - May 2013

by Sara J. Agne, Daniel Huitink, Ray C. Jones, Richard Katz, Harsh Parikh, Heidi McNeil Staudenmaier, Rebecca Winterscheidt | Snell & Wilmer L.L.P. on 5/3/2013

International trade is critical to our global economy and importers and exporters should stay apprised of new developments, restrictions and potential pitfalls to ensure they remain in compliance with a myriad of laws and...more

U.S. Government Remains Firm on “Deferred Action” Despite Suit to Shut It Down

by Ronald Shapiro on 4/19/2013

On Monday of this week, U.S. District Court Judge Reed O’Connor held a hearing on a Complaint filed by U.S. Customs and Immigration Enforcement (“ICE”) agents who are challenging the federal “deferred action” program...more

Fenwick Employment Brief - April 2013

by Sheeva J. Ghassemi-Vanni, Daniel J. McCoy | Fenwick & West LLP on 4/16/2013

In Hatai v. Dept. of Transportation, a California court of appeal upheld a trial court's decision to exclude "me too" evidence of discrimination from individuals outside of the plaintiff's protected class, but in doing so...more

USCIS gives only 30 days to Respond to Provisional Unlawful Presence Waiver RFEs

by William Flynn | Fowler White Boggs P.A. on 4/5/2013

USCIS recently published a policy memorandum decreasing the standard timeframe for Provisional Unlawful Presence Waiver applicants to respond to Requests for Evidence (RFEs)....more

USCIS Issues RFE Templates for Certain Non-Immigrant Extraordinary Ability Categories

by William Flynn | Fowler White Boggs P.A. on 1/28/2013

United States Citizenship and Immigration Service (USCIS) Requests for Evidence (RFE) can be a source of significant frustration for immigration practitioners and their clients. They sometimes reflect that a) the officer did...more

Use of Affidavits & Sworn Testimony in “Deferred Action” Requests

by Ronald Shapiro on 12/24/2012

On June 15, 2012, President Barack Obama announced the launch of the “deferred action” program to suspend immigration enforcement actions against qualifying individuals who came to this country as children....more

Processing Speed for Immigration Appeals Improving But Still Variable

by Ronald Shapiro on 11/6/2012

According to the Oct. 1, 2012 publication of processing times put out by the Administrative Appeals Office (the “AAO”) of the U.S. Citizenship and Immigration Services (the “USCIS”), the length of time necessary to process an...more

Can You Appeal a “Deferred Action” Decision?

by Ronald Shapiro on 9/14/2012

A cursory Internet search reveals that many people are curious about whether individuals can appeal a denial of a request to the government for “deferred action” status. While there is no process for formal appeal, there is a...more

Fenwick Employment Brief - July 2012

by Fenwick & West LLP on 7/12/2012

In This Issue: - U.S. Supreme Court Rules That Pharmaceutical Sales Representatives Qualify For Outside Sales Exemption - Possible Implications For California Employers NEWS BITES: - Taking Time Off Work To...more

U.S. Supreme Court Strikes Down Three Provisions of the Arizona Immigration Law

by Duane Morris LLP on 7/10/2012

The U.S. government challenged Arizona's S.B. 1070, enacted in April 2010, which imposed state penalties on undocumented immigrants on the basis that it was preempted by federal law. On June 25, 2012, the U.S. Supreme Court...more

Arizona v. United States: Supreme Court Reaffirms Federal Government’s Power in Immigration Arena

by Mintz Levin - Immigration on 6/27/2012

In a 5-3 decision authored by Justice Kennedy, the Supreme Court struck down most of the main provisions of an Arizona law targeting illegal immigration. The law, known as the “Support Our Law Enforcement and Safe...more

The U.S. Supreme Court Strikes Down Most of Arizona’s Immigration Law

by Miller & Martin PLLC on 6/26/2012

Today, the U.S. Supreme Court handed down a decision on the 2010 Arizona statute that created new criminal penalties and police procedures for addressing the problem of illegal immigration in that state. The Court ruled that...more

Supreme Court Arizona Decision: Better than Expected but Federal Action Still Needed

by Davis Brown Law Firm on 6/26/2012

While both sides claim victory, the reality of yesterday's Supreme Court ruling is this: Immigration is a federal issue, but states can cooperate with the feds in law enforcement so long as they do not violate peoples' rights...more

Arizona's Attempt To Crackdown On Immigration (Mostly) Rejected By Supreme Court

by Fisher & Phillips LLP on 6/26/2012

On June 25, 2012, the Supreme Court held that certain provisions of Arizona's immigration statute (signed into law in 2010) were preempted by federal immigration law. The preempted provisions include those making it a...more

How Will the Arizona Immigration Law Affect Education Law?

by Cullen and Dykman LLP on 5/10/2012

On April 25, 2012 the U.S. Supreme Court heard arguments regarding the constitutionality of the controversial Arizona immigration law. The Court’s decision on the Arizona law will have broad implications on schools across the...more

Supreme Court Poised to Hear Arizona Immigration Law Arguments

by Lawyers.com on 4/26/2012

The US Supreme Court on Wednesday will hear arguments in the immigration-law case that pits the state of Arizona against the US federal government. At issue are four key provisions in the state’s anti-immigration law, which a...more

Two Distinct State Citizens For Purposes Of Diversity Of Citizenship

by Dan Goodman on 3/20/2012

In any State of the Union, since the adoption of the Fourteenth Amendment and the Slaughterhouse Cases, there are now two distinct state citizens. The first is recognized at Article IV, Section 2, Clause 1 of the...more

Supreme Court Will Tackle Arizona Statute

by Ronald Shapiro on 12/15/2011

When Arizona enacted its immigration law late last year, it set off a firestorm of controversy and ignited a series of legislative initiatives in other states that have taken aim at undocumented immigrants. Now, the U.S....more

United States Citizenship and Immigration Services Implements Significant, Yet Temporary, Change in Approval Notice Delivery...

by Proskauer Rose LLP on 10/24/2011

Beginning September 12, 2011, the U.S. Citizenship and Immigration Services (USCIS), without any notice to stakeholders or opportunity for public input, began sending original Form I-797A, petition approval notices, directly...more