As ruling nears, immigrant fights for anti-deportation act

Legal Insight 2019/11/11 13:23   Bookmark and Share
A Mexican immigrant fighting President Donald Trump’s attempt to end a program shielding young immigrants from deportation says he is nervous about the case finally being heard by the U.S. Supreme Court.

Martin Batalla Vidal is a lead plaintiff in one of the cases to preserve the Obama-era program known as Deferred Action for Childhood Arrivals and has seen his name splashed in legal documents since 2016, when he first sued in New York.

The 29-year-old certified nursing assistant at a rehabilitation clinic for traumatic brain injury in Queens, New York, has described the legal journey since then as stressful, with people sending him hateful messages. He has had to sacrifice days at work so he could go to protests, press conferences and meetings with attorneys.

Even with his worries, Batalla Vidal is hopeful immigrants like him will be able to stay in the country.

“I don’t know what is going to happen,” said Batalla Vidal, who lives with his mother, two brothers and a dog in an apartment at the border of Queens and Brooklyn. “Whatever the outcome is, we know that we have fought hard for it and we will continue fighting. I am trying to be positive.”

The nation’s highest court is scheduled to hear oral arguments on the case Tuesday.

The program protects about 700,000 people, often called “Dreamers,” who were brought to the U.S. illegally as children or came with families that overstayed visas.
top

Indian court rules in favor of Hindu temple on disputed land

Legal Insight 2019/11/09 13:23   Bookmark and Share
India's Supreme Court on Saturday ruled in favor of a Hindu temple on a disputed religious ground in the country's north and ordered that alternative land be given to Muslims to build a mosque ? a verdict in a highly contentious case that was immediately deplored by a key Muslim body.

The dispute over land ownership has been one of India's most heated issues, with Hindu nationalists demanding a temple on the site in the town of Ayodhya in Uttar Pradesh state for more than a century. The 16th century Babri Masjid mosque was destroyed by Hindu hard-liners in December 1992, sparking massive Hindu-Muslim violence that left some 2,000 people dead.

Saturday's verdict paves the way for building the temple in place of the demolished mosque. As the news broke, groups of jubilant Hindus poured into Ayodhya's streets and distributed sweets to celebrate the verdict, but police soon persuaded them to return to their homes. As night fell, a large number of Hindus in the town lit candles, lamps and firecrackers to celebrate, and police faced a tougher time in curbing their enthusiasm.

The five Supreme Court justices who heard the case said in a unanimous judgment that 5 acres (2 hectares) of land will be allotted to the Muslim community to build a mosque, though it did not specify where. The court said the 5 acres is "restitution for the unlawful destruction of the mosque."
top

Georgia Supreme Court overturns 2015 murder conviction

Legal Insight 2019/11/02 07:02   Bookmark and Share
Georgia's Supreme Court has overturned the murder convictions of a man found guilty of intentionally running over a woman with his car.

The Atlanta Journal-Constitution reports the court reversed 28-year-old Dewey Calhoun Green's 2015 malice and felony murder convictions on Thursday. The court said key witness testimony that may've affected the jury's verdict was excluded from trial. It's unclear whether the case will be retried.

Prosecutors previously argued that Green rear-ended 53-year-old Janice Pitts' SUV before backing up and intentionally running her over as she surveyed the damage.

The newspaper reports an accident reconstructionist who had planned on testifying the crash could've been unintentional wasn't permitted to take the stand because the defense didn't submit written reports of his opinions. The court now says he was erroneously barred from testifying.
top

Supreme Court steps into case over consumer agency

Legal Insight 2019/10/17 20:37   Bookmark and Share
The Supreme Court is stepping into a yearslong, politically charged fight over the federal consumer finance watchdog agency that was created in the wake of the 2008 financial crisis.

The justices agreed Friday to review an appeals court decision that upheld the structure of the Consumer Financial Protection Bureau. The agency has long been a target of conservative Republicans.

The Justice Department usually defends federal law. But the Trump administration agrees with a California law firm challenging the CFPB that the president should be able to fire the agency's director for any reason.

The CFPB was created as part of the Dodd-Frank legislation in response to the financial crisis.

top

Supreme Court takes up cases about LGBT people’s rights

Legal Insight 2019/10/09 11:20   Bookmark and Share
The Supreme Court on Tuesday heard highly anticipated cases on whether federal civil rights law should apply to LGBT people, with Chief Justice John Roberts questioning how doing so would affect employers.

In the first of two cases, the justices heard arguments on whether a federal law banning job discrimination on the basis of sex should also protect sexual orientation. Lower courts have split on the issue. A related case on transgender employees is also being heard Tuesday.

Roberts, a possible swing vote in the cases, wondered about the implications of what he described as an expansion of the job-discrimination law.

“If we’re going to be expanding the definition of what ‘sex’ covers, what do we do about that issue?” Roberts asked.

Justice Samuel Alito, a conservative, suggested that the high court would be usurping the role of Congress by reading protection for sexual orientation into the 1964 Civil Rights Act, when lawmakers at the time likely envisioned they were doing no such thing.

“You’re trying to change the meaning of ‘sex,’” he said.

top

The Latest: Ex-addict says Dallas cop helped her get sober

Legal Insight 2019/10/02 12:05   Bookmark and Share
LaWanda Clark told jurors Wednesday during Guyger's murder trial that she struggled with a crack cocaine addiction and that Guyger wrote her a ticket on the day of the drug bust. She says Guyger told her that the ticket could be the impetus to turn her life around.

While Clark was speaking, attorneys showed jurors a photo of Guyger attending Clark's graduation from a community drug treatment program.

Clark said Guyger treated her as a person, not as "an addict," and said she is now sober.

Guyger faces up to life in prison for the September 2018 shooting death of Botham Jean. She says she mistook Jean's apartment for her own, which was one floor below.

A high school friend who played in an all-female mariachi band with Amber Guyger says the former Dallas police officer feels "immense remorse" for fatally shooting a neighbor in his own apartment.

Maribel Chavez testified Wednesday that she met Guyger in ninth grade during orchestra practice. They later went on to play in a mariachi band, with Guyger playing violin and trumpet.

Chavez said Guyger is typically bubbly and extroverted, but that since she killed her neighbor, Botham Jean, in September 2018, "It's like you shut her light off."

She described her friend as selfless, caring and a protector of those around her.
top

◀ PREV : [1] : .. [15] : [16] : [17] : [18] : [19] : [20] : [21] : [22] : [23] : .. [56] : NEXT ▶








Disclaimer: Nothing posted on this blog is intended, nor should be construed, as legal advice. Blog postings and hosted comments are available for general educational purposes only and should not be used to assess a specific legal situation. Nothing submitted as a comment is confidential. Nor does any comment on a blog post create an attorney-client relationship. The presence of hyperlinks to other third-party websites does not imply that the firm endorses those websites.

Affordable Law Firm Website Design