News & Analysis as of

Strong Support for Sequenom’s Petition for Rehearing En Banc

In Ariosa Diagnostics Inc. v. Sequenom Inc., 788 F.3d 1371 (Fed. Cir. 2015), a Federal Circuit panel held that Sequenom Inc.’s prenatal diagnosis patent claims patent ineligible subject matter under the two-step test of Mayo...more

En Banc Ninth Circuit Ruling Restores Certainty to Federal Recognition of "Indian Lands"

On June 4, 2015, the Ninth Circuit Court of Appeals issued its en banc decision in Big Lagoon Rancheria v. California, a case in which Big Lagoon Rancheria, a federally recognized Indian tribe, sought to compel the State of...more

The Supreme Court Takes the BIA to Task

Yesterday, in an opinion authored by Justice Ruth Bader Ginsburg, the U.S. Supreme Court brought a measure of hope to non-citizens facing deportation on the basis of certain minor criminal convictions. In Mellouli v. Lynch,...more

BIA Holds Form I-9 Is Admissible in Immigration Proceedings

The Form I-9 is used by employers to verify a new hire’s identity and to establish that the worker is authorized to accept employment in the United States. The Form I-9 contains a section in which the employee must attest to...more

BIA Holds Florida Burglary Not a Categorical CIMT

The Immigration and Nationality Act (INA) contains provisions that render a non-U.S. Citizen individual inadmissible, or removable/deportable under certain circumstances, if he or she has been convicted of a Crime Involving...more

BIA Holds Guilty Plea Without Conviction Is Not An Admission

The Immigration and Nationality Act (INA) contains a provision making an individual inadmissible to the United States if he or she has admitted to the commission of certain crimes, including controlled substance offenses....more

Native American Business Law Alert: Significant Tax and Applicable Law Ambiguity in Proposed Revisions for Indian Lands...

The Bureau of Indian Affairs (BIA) is proposing to revise the process for obtaining and administering rights-of-way (ROWs) on Indian lands. While the proposed regulations seek to make improvements and clarifications...more

Immigration Corner: "Extraordinary Circumstances" Under the Child Status Protection Act, E-Verify Listens to You, and It's Time to...

United States Citizenship and Immigration Services (USCIS) published an Interim Policy Memorandum (PM-602-0097) on June 6, 2014, supplementing Chapter 21.2(e) of the Adjudicator’s Field Manual regarding exercising discretion...more

BIA Holds Physical Presence of Parent Cannot be Imputed to Child for TPS Purposes

The Board of Immigration Appeals (BIA) held recently in Matter of Duarte-Luna, 26 I&N Dec. 325 (BIA 2014), that the continuous physical presence of a parent could not be imputed to a minor child for purposes of Temporary...more

Indian Country Awaits 9th Circuit’s En Banc Rehearing in Big Lagoon Case

In January, a split 9th Circuit panel shocked Indian Country with its holding in Big Lagoon Rancheria v. California that the State’s failure to negotiate in good faith for a tribal-state gaming compact with the Big Lagoon...more

Supreme Court Decides Scialabba v. Cuellar de Osoroio et al.

On June 9, 2014, the U.S. Supreme Court held that Section 1153(h) of the Child Status Protection Act (CSPA), which automatically converts a minor alien's petition to immigrate as a derivative beneficiary to another...more

BIA Holds Pending Extension of Non-Immigrant Status, Maintains Lawful Status

The Board of Immigration Appeals (BIA) issued a decision in Matter of Norra finding that applicants for adjustment of status maintained lawful status while their applications for extension of the non-immigrant visa were...more

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