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Top court eases rules for foreigners to try to stay in US
Lawyer Blog News | 2008/06/16 16:04
The Supreme Court has made it easier for some foreigners who overstay their visas to seek to remain in the United States legally.

The court ruled 5-4 Monday that someone who is here illegally may withdraw his voluntarily agreement to depart and continue to try to adjust his status while in the United States.

The case involved two seemingly contradictory provisions of immigration law. One allows people to avoid being deported by agreeing to leave the country voluntarily. The advantage to that course is that the wait to get back to the United States is shorter.

The other provision allows immigrants who are here illegally but whose circumstances have changed to make their case to immigration officials. To do that, however, they must remain in the country.



Supreme Court rejects limits on FOIA lawsuits
Lawyer Blog News | 2008/06/13 16:02
The Supreme Court has rejected limits on Freedom of Information Act lawsuits that seek the same information as earlier legal actions.

In a unanimous ruling, the justices said Thursday a lower court was wrong to conclude that a vintage airplane buff could not sue for the same documents that were sought by a fellow lover of antique aircraft.

Brent Taylor is executive director of the Antique Aircraft Association and a mechanic who restores vintage airplanes. He sued the Federal Aviation Administration for the plans for an antique F-45 plane.

Taylor filed his lawsuit less than a month after an appeals court issued its ruling against another member of the same organization who sought the same plans.

Government watchdogs and press freedom groups backed Taylor. They worried that government agencies would try to short-circuit efforts by people who request similar records for different reasons.



Group asks Calif. court to ban gay marriage
Lawyer Blog News | 2008/06/13 16:00
A conservative Christian legal group on Thursday made a last-ditch effort to stop gay marriages in California by asking a midlevel appeals court to temporarily prohibit county clerks from issuing marriage licenses to same-sex couples beginning next week. The Virginia-based Liberty Counsel, in a petition with the 1st District Court of Appeal in San Francisco, argued that the wording of the California Supreme Court ruling legalizing gay marriages allows the lower court to set the terms and schedule for implementing the decision.

Liberty Counsel argued that the high court's May 15 ruling put dozens of state laws addressing marriage into conflict and that the Legislature needs time to address those issues.

Barring any further legal intervention, gay couples will be able to start marrying in California at 5:01 p.m. Monday, when the Supreme Court's decision becomes final. The ruling to legalize gay marriage overturned a decision by the Court of Appeal, which is therefore required to issue an order consistent with the high court's 4-3 opinion.

San Francisco City Attorney Dennis Herrera called Liberty Counsel's filing "absurd."

"I am not aware of a process in American law that enables parties to effectively appeal a higher court ruling to a lower court," Herrera said.

Vik Amar, a professor of constitutional law at the University of California, Davis, said it was unlikely the lower court would go against the will of the state Supreme Court.

"It would be an abuse of discretion to ignore the clear statement made by the Supreme Court when they turned down the stay and grant one now," Amar said.



High Court ruling may delay war crimes trials
Lawyer Blog News | 2008/06/13 15:01
The Supreme Court ruled Thursday that foreign terrorism suspects held at Guantanamo Bay may challenge their detention in U.S. civilian courts.

In its third rebuke of the Bush administration's treatment of prisoners, the court ruled 5-4 that the government is violating the constitutional rights of prisoners being held indefinitely and without charges at the U.S. naval base in Cuba. The court's liberal justices were in the majority.

Justice Anthony Kennedy, writing for the court, said, "The laws and Constitution are designed to survive, and remain in force, in extraordinary times."

Kennedy said federal judges could ultimately order some detainees to be released, but that such orders would depend on security concerns and other circumstances.

President Bush was unhappy with the ruling. "We'll abide by the court's decision. That doesn't mean I have to agree with it," the president said during a press conference in Rome. "It was a deeply divided court, and I strongly agree with those who dissented."

Bush also said he would consider whether to seek new laws in light of the ruling "so we can safely say to the American people, 'We're doing everything we can to protect you.'"

It was not immediately clear whether this ruling, unlike the first two, would lead to prompt hearings for the detainees, some of whom have been held more than 6 years. Roughly 270 men remain at the island prison, classified as enemy combatants and held on suspicion of terrorism or links to al-Qaida and the Taliban.



High Court sides with Guantanamo detainees again
Lawyer Blog News | 2008/06/12 16:35
The Supreme Court ruled Thursday that foreign terrorism suspects held at Guantanamo Bay have rights under the Constitution to challenge their detention in U.S. civilian courts.

In its third rebuke of the Bush administration's treatment of prisoners, the court ruled 5-4 that the government is violating the rights of prisoners being held indefinitely and without charges at the U.S. naval base in Cuba. The court's liberal justices were in the majority.

Justice Anthony Kennedy, writing for the court, said, "The laws and Constitution are designed to survive, and remain in force, in extraordinary times."

Kennedy said federal judges could ultimately order some detainees to be released, but that such orders would depend on security concerns and other circumstances.

The White House had no immediate comment on the ruling. White House press secretary Dana Perino, traveling with President Bush in Rome, said the administration was reviewing the opinion.



Texas justice of peace must stop paddling in court
Legal Career News | 2008/06/12 12:37
A justice of the peace can no longer give parents the choice of paying a fine or paddling their children in open court for now, a judge ruled Wednesday.

Los Fresnos Justice of the Peace Gustavo Garza was sued by three families who say Garza left them with no real option when he told them they must pay a fine for their children's transgressions or paddle them in open court.

Until District Judge Abel Limas can resolve that case, he ordered Garza to halt the paddling. A trial date has not been set.

The lawsuit was initially brought by the parents of a 15-year-old Los Fresnos girl who appeared in Garza's court in April for skipping school.

Daniel Zurita paddled his stepdaughter with one of the two wooden paddles Garza displays in his courtroom after the justice said it was either that or pay a $500 fine.

Last week, Garza said offering paddling as an option was lawful and that 98 percent of parents took that choice.

Garza was represented by Cameron County attorney Richard Burst at a hearing Wednesday. A woman in the county attorney's office who did not identify herself declined comment and hung up.

A message left for Garza at his office was not immediately returned.

Plaintiff attorney Mark Rossi said Burst rejected his offer to stop the case if Garza would halt the paddling in his courtroom and apologize.



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