DOJ Guidance on Generative AI Use in EOIR Proceedings

The Department of Justice's Executive Office for Immigration Review (EOIR) has issued guidance on the use of generative artificial intelligence (AI) in its proceedings. The guidance addresses the potential benefits and risks, particularly concerning the generation of inaccurate legal citations or arguments.

EOIR Updates Guidance for Dedicated Docket Cases

The Executive Office for Immigration Review (EOIR) has updated its guidance for Dedicated Docket cases, expanding the program nationwide to all immigration courts not exclusively adjudicating detained aliens. The updated policy aims to improve efficiency by setting new adjudication timeframes for immigration judges and appellate judges.

EOIR Adjudicator Independence and Impartiality Policy Memo

The Department of Justice's Executive Office for Immigration Review (EOIR) has issued a new policy memorandum (PM 25-42) updating guidance on the independence and impartiality of its adjudicators. This memo supersedes and replaces PM 21-15, clarifying existing principles and addressing potential confusion arising from subsequent practices.

DOJ Rescinds Asylum Fee Policy Memorandum

The Department of Justice's Executive Office for Immigration Review (EOIR) has rescinded Policy Memorandum 25-36, which implemented new immigration fees. This action follows a court order that temporarily stayed the memorandum, although the underlying statutory fees remain in effect.

Immigration Appeal Deadline Reminder

The Department of Justice's Executive Office for Immigration Review (EOIR) issued a reminder that the deadline for appealing an Immigration Judge's decision to the Board of Immigration Appeals remains 30 days. This clarifies confusion stemming from a vacated interim final rule that had proposed a 10-day deadline.

Care One, LLC v. NLRB - Unfair Labor Practice Proceedings

The Second Circuit Court of Appeals affirmed a district court's denial of a preliminary injunction sought by Care One, LLC and affiliated healthcare facilities. The facilities challenged NLRB proceedings, alleging the Administrative Law Judge was improperly appointed due to a lack of quorum. The court found the plaintiffs could not demonstrate irreparable harm.

Mar-Can Transport vs. Local 854 Pension Fund - ERISA Withdrawal Liability

The Second Circuit Court of Appeals affirmed a lower court ruling, reducing Mar-Can Transportation Company's withdrawal liability from the Local 854 Pension Fund by $1.8 million. The decision clarifies the interpretation of ERISA's Section 1415(c) regarding the transfer of unfunded vested benefits when employees switch unions.

US v. Cardenas - Court of Appeals Vacates Conviction

The Second Circuit Court of Appeals vacated the conviction of Jey James Roldan Cardenas for conspiracy to import cocaine. The court found that the district court erred in excluding evidence relevant to Cardenas's defense of lacking criminal intent. The case is remanded for further proceedings.

SBK ART LLC v Akin Gump Strauss Hauer & Feld LLP - Discovery for Foreign Litigation

The Second Circuit affirmed a district court's order granting SBK ART LLC's petition for discovery in aid of foreign litigation under 28 U.S.C. §1782 against Akin Gump Strauss Hauer & Feld LLP. The court found that the district court did not abuse its discretion in allowing discovery of documents held by a U.S. law firm, even if not directly discoverable from the foreign client abroad.

Second Circuit Opinion: Housing Dispute - Fair Housing Act & FCRA

The Second Circuit Court of Appeals issued an opinion in a housing dispute involving the Fair Housing Act and the Fair Credit Reporting Act. The court vacated in part, affirmed in part, and reversed in part the district court's decision, impacting how rental property solutions companies handle tenant screening and consumer report disclosures.