State Department, Feb. 11, 2025 "The White House issued Executive Order "Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government" on January...
OFLC, Feb. 14, 2025 OFLC Releases Public Disclosure Data and Selected Program Statistics for Q1 of Fiscal Year 2024 The Office of Foreign Labor Certification (OFLC) has released a comprehensive set...
Lapadat v. Bondi "As appellate judges, we generally defer to the reasoned and expert judgment of our colleagues in the Board of Immigration Appeals (“BIA”), whom we trust to carefully...
Visa Bulletin for March 2025 Notes D, E and F: D. RETROGRESSION IN THE EMPLOYMENT-BASED FOURTH PREFERENCE (EB-4) CATEGORY Due to high demand and number use throughout the first half of the fiscal...
NILC, Feb. 6, 2025 "In one of his first anti-immigrant Executive Orders (EOs), President Trump threatened to make undocumented immigrants “register” with the U.S. government or face...
US v. Hernandez-Calvillo
"This appeal involves the constitutionality of a federal immigration statute that makes it a crime to encourage or induce a noncitizen to reside in the United States, knowing or recklessly disregarding that such residence violates the law. 8 U.S.C. § 1324(a)(1)(A)(iv). After a jury convicted Jose Hernandez-Calvillo and Mauro Papalotzi (collectively, Appellees) of conspiring to commit this crime, they challenged the statute as overbroad under the First Amendment and successfully moved to dismiss the indictment on that basis. The government appeals. We affirm. Section 1324(a)(1)(A)(iv)’s plain language targets protected speech, and neither the government’s nor the dissent’s proposed limiting construction finds support in the statute’s text or surrounding context. And when properly construed, the statute criminalizes a substantial amount of constitutionally protected speech, creating a real danger that the statute will chill First Amendment expression. ... The statute’s plain language is “susceptible of regular application to protected expression,” reaching vast amounts of protected speech uttered daily. Hill, 482 U.S. at 466. For these reasons, we hold that subsection (A)(iv) is substantially overbroad under the First Amendment. Accordingly, we affirm the dismissal of the indictment."
[Hats off to Mark C. Fleming of Wilmer Cutler Pickering Hale and Dorr LLP, Boston, Massachusetts (Robert N. Calbi of Law Offices of Robert N. Calbi, Kansas City, Missouri; Daniel T. Hansmeier, Appellate Chief, and Melody Brannon, Federal Public Defender, Kansas Federal Public Defender, Kansas City, Kansas; Eric L. Hawkins and Kevin R. Palmer of Wilmer Cutler Pickering Hale and Dorr LLP, Boston, Massachusetts; and Thomas G. Sprankling of Wilmer Cutler Pickering Hale and Dorr LLP, Palo Alto, California, with him on the brief), for Defendants - Appellees!]