Immigration

Lawyer Blog Post 2014/01/24 13:24   Bookmark and Share
Federal authorities would limit the use of shackles on immigrants who appear before immigration judges under a proposed settlement of a class-action lawsuit.

U.S. Immigration and Customs Enforcement agreed to avoid shackling immigrants at the San Francisco immigration court in many hearings. Immigrants will still be shackled at a type of brief, procedural hearing in which several detainees are addressed at the same time.

A federal judge in San Francisco was scheduled to consider Thursday whether to approve the settlement in the lawsuit filed in 2011 by the American Civil Liberties Union of Northern California and others.

ACLU attorney Julia Harumi Mass said the agreement applies only to the San Francisco court, which serves more than 2,000 immigrants a year who are in ICE custody at three county jails in Northern California.

The lawsuit says detainees at the San Francisco court wear metal restraints on their wrists, ankles and waists and that most are bused from jails several hours away, spending hours in shackles before, during and after their hearings.

Under the proposed settlement, detainees will not be restrained at bond or merits hearings unless they pose a safety threat or risk of escape. Except in limited circumstances, they will remain shackled at master calendar hearings, which are held for larger numbers of immigrants for brief, procedural issues like scheduling.

Immigration courts are staffed by judges working for the U.S. Justice Department's Executive Office for Immigration Review, not the judiciary. The judges decide whether immigrants can remain in the country.
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The Law Offices of Craig Hubble - Carson Employment Law

Lawyer Blog Post 2013/09/25 11:31   Bookmark and Share
Carson Employment litigation attorney can assist you in determining the best solution in order for clients to seek recovery in the most efficient and effective manner.

Employment litigation can come in various forms, including claims for wrongful termination, retaliation, harassment, discrimination, wage and hour violations, late payment of wages, misclassification of employees as exempt from overtime pay or as independent contractors, and failure to make reasonable accommodations.

If you are located in the Los Angeles area, we work all throughout Southern California and can help if you or a loved one has been terminated wrongfully, then we can help you handle these matters to determine your rights and to get the necessary remedies as a solution.

The Law Offices of Craig Hubble can guide you, depending upon your situation.  If you or a loved one feel that you may have an employment-related claim, contact us today for a free consultation as to your rights and potential remedies.  Because these matters are handled on a contingency basis, there is no fee unless and until you are compensated.
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Lawyer: Performer Harris to deny UK sex charges

Lawyer Blog Post 2013/09/23 11:15   Bookmark and Share
Veteran entertainer Rolf Harris intends to plead not guilty to indecent assault and child pornography charges, his lawyer told a London court hearing Monday.

The 83-year-old performer faces nine counts of indecent assault on victims aged 14 and 15 and four counts of making indecent images of children. The alleged incidents stretch back to the 1980s.

Harris, who was accompanied by his wife Alwen, spoke only to confirm his name, address and date of birth during the brief pre-trial hearing at Westminster Magistrates' Court.

Defense lawyer Sonia Woodley said Harris would deny the charges when asked to enter a formal plea at a later hearing.

Australia-born Harris has been a British broadcasting stalwart for decades. He has had musical hits with "Tie Me Kangaroo Down, Sport" - which he once performed with The Beatles - and "Two Little Boys."

He also has hosted television shows and painted an official portrait of Queen Elizabeth II.
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Court: $1M coverage for Conn. fire victim families

Lawyer Blog Post 2013/06/11 08:59   Bookmark and Share
Families suing the operator of a Hartford nursing home where 16 patients died in a 2003 fire suffered a setback Monday, when the Connecticut Supreme Court ruled that the home's insurance coverage was $1 million instead of the $10 million claimed by the victims' relatives.

The justices' 3-2 decision reversed a lower court judge's interpretation of Greenwood Health Center's insurance policy in favor of the families. The high court instead found in favor of Boston-based Lexington Insurance Co., a subsidiary of American International Group Inc.

"It just seems completely inadequate," Van Starkweather, an attorney for one victim's family, said about the lower coverage figure. "I'm disappointed. It was a close decision. Three justices went with AIG. Two justices went with the victims."

A lawyer for Lexington Insurance declined to comment Monday.

The fire at Greenwood Health Center on Feb. 26, 2003, broke out after psychiatric patient Leslie Andino set her bed on fire while flicking a cigarette lighter. Officials at the time said it was the 10th deadliest nursing home fire in U.S. history. Andino was charged with 16 counts of arson murder, but was found incompetent to stand trial and committed to a psychiatric hospital.

Relatives of 13 of the 16 victims sued the nursing home's operator for cash damages, saying it failed to adequately supervise Andino. Hartford Superior Court Judge Marshall K. Berger Jr. ruled in 2009 that Greenwood's insurance policy with Lexington provided $250,000 in coverage for each plaintiff and the policy's maximum coverage was $10 million.

But Lexington Insurance appealed Berger's decision, saying that the $10 million was the total coverage for all seven nursing homes run by Greenwood's operator and that each home was insured up to $1 million.

In a decision written by Chief Justice Chase T. Rogers, the Supreme Court's majority found that each plaintiff actually was eligible for up to $500,000 from the insurance policy if they won their lawsuit, but that the policy's total coverage was limited to $1 million.
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US Supreme Court orders 6 death row cases reviewed

Lawyer Blog Post 2013/06/04 09:01   Bookmark and Share
The U.S. Supreme Court on Monday sent the cases of six Texas death row inmates, including one of the infamous "Texas 7" gang of escapees, back to a lower court for reviews of whether attorneys in earlier stages of appeals let the men down.

The decisions are in line with last week's ruling in another Texas case where the justices, in a 5-4 vote, said a condemned prisoner had deficient legal help early because appeals lawyers didn't raise challenges that his trial lawyers were ineffective.

The high court returned the cases to the 5th U.S. Circuit Court of Appeals for review. None of the six has a pending execution date, although some had come close to being put to death in the past before their punishment was delayed by the courts.

Among the condemned prisoners is Donald Newbury, 51, one of seven inmates who broke out of a South Texas prison in 2000. One fugitive killed himself as Colorado authorities closed in on the gang. The remaining six were convicted of killing a suburban Dallas police officer Aubrey Hawkins during a Christmas Eve robbery in Irving in 2000. Two of the six already have been executed.
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Romney calls Obama's health care requirement a tax

Lawyer Blog Post 2012/07/04 02:05   Bookmark and Share
Mitt Romney on Wednesday said requiring all Americans to buy health insurance amounts to a tax, contradicting a senior campaign adviser who days ago said the Republican presidential candidate viewed President Barack Obama's mandate as anything but a tax.

"The majority of the court said it's a tax and therefore it is a tax. They have spoken. There's no way around that," Romney told CBS News. "You can try and say you wish they had decided a different way but they didn't. They concluded it was a tax."

Romney's comments amounted to a shift in position. Earlier in the week, senior adviser Eric Fehrnstrom said Romney viewed the mandate as a penalty, a fee or a fine - not a tax.

The Supreme Court last week ruled that the federal requirement to buy health insurance or pay a penalty is constitutional because it can be considered a tax. The requirement is part of the broad health care overhaul that Obama signed into law in March 2010.

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