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Bar Journal |
Dada v. Mukasey: The Supreme Court Addresses the Conflict between the Motion to Reopen and Voluntary Departure Provisions
On June 16, 2008, the U.S. Supreme Court issued its decision in Dada v. Mukasey,1 holding that an individual who has been granted voluntary departure must be permitted to request withdrawal of such grant and proceed on a motion to reopen. The decision resolved the split among several circuit courts and disagreed with those circuit courts that had previously held the voluntary departure period is tolled upon the timely filing of a motion to reopen. This article will briefly discuss the conflict between the voluntary departure and motion to reopen provisions and address the court’s resolution of the conflict in Dada. |
U.S. Immigration Benefits
for Foreign Investors
The Magna Carta that King John of England signed in 1215 at Runnymede under duress mandated that foreign merchants be allowed to travel throughout the kingdom and that they be exempt from the payment of “evil tolls.”1 And in 1924, the U.S. Congress authorized the issuance of visas to foreign nationals who wished to come to this country to engage in trade provided that their home country had a treaty with the U.S. that allowed American citizens the same right in their nation.2 Such treaties have become known as “friendship treaties.” And since that time the national legislature has seen fit to create different categories of noncitizens who are permitted to come to the U.S. for the purpose. |
Florid Language: English Only
and its Effect on State Services
Just as surely as the winter snows melt and the first tulips emerge, the English Only proposal makes its annual appearance before the Oklahoma Legislature. Last year a new hybrid blossom budded with a clever twist. In an attempt to shield itself from any potential resistance from the 37 federally recognized Indian tribes in Oklahoma, some of whose leaders had been vocal opponents of the bill in the past, this latest iteration carved out special protection for tribal languages for “respect and encouragement for the use and development of Native American Languages.” |
The ICE Storm Cometh:
Employer Compliance and
Worksite Enforcement
Decades ago, it was not illegal for an employer to hire an undocumented worker. That changed with the Immigration Reform and Control Act of 1986 (IRCA).2 This section of law requires three things from every U.S. employer: |
Immigration Due Diligence in Mergers and Acquisitions
In a merger, acquisition or reorganization of any business, many important details and deal points are discussed, negotiated and incorporated into innumerable drafts of a definitive agreement. Yet one critical area, often overlooked by transaction lawyers, may have serious consequences to the acquiring company and its future employees — immigration law. If considered at all, immigration issues are relegated to second-tier concerns that, in the minds of the lawyers, can be handled after the closing. In many cases, however, “after the closing” is too late, and the acquiring company may find itself at the mercy of U.S. Citizenship and Immigration Services (USCIS) or worse, U.S. Immigration & Customs Enforcement (ICE), the enforcement bureau of the U.S. Department of Homeland Security (DHS).1 An acquiring company may also discover it has lost the services of key employees of the acquired company. |
Labor and Employment Law Section
DOL Overhauls Family and
Medical Leave Act Regulations: Important Changes You
Should Know About
The U.S. Department of Labor (DOL) published final regulations to the Family and Medical Leave Act1 (FMLA) on Nov. 17, 2008. The new regulations, effective Jan. 16, 2009,2 provide guidance on the Servicemember Leave Amendments enacted last year. Additionally, the new regulations make a number of significant changes to the original regulations dating back to 1995. This article highlights the additions and more notable changes to the regulations. |
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