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Court gives government a win in young immigrants' cases
Court Feed News | 2017/10/26 18:21
A federal appeals court handed the U.S. government a victory Tuesday in its fight against lawsuits opposing a decision to end a program protecting some young immigrants from deportation.

The 2nd U.S. Circuit Court of Appeals in Manhattan directed Brooklyn judges to expeditiously decide if a court can properly review the decision to end in March the Deferred Action for Childhood Arrivals program, or DACA. The government insists it cannot.

Activists are suing the government in New York, California, the District of Columbia and Maryland. DACA has protected about 800,000 people, many of them currently in college, who were brought to the U.S. illegally as children or came with families that overstayed visas.

A three-judge 2nd Circuit panel issued a brief order after hearing oral arguments. It said the government will not have to continue to produce documents or submit to depositions before the lower court decides whether the cases can proceed. It also said it will only decide the issue of whether to order the lower court to limit document production once those issues are addressed.

Attorney Michael Wishnie, who argued for plaintiffs suing the government, praised the appeals court for having "moved swiftly to address the government filings in this case."

And he noted that a Brooklyn judge gave the government until Friday to submit written arguments on the legal issues the appeals court said must be resolved before the case proceeds. The plaintiffs must submit their arguments by Nov. 1.

Earlier Tuesday, Deputy Assistant Attorney General Hashim M. Mooppan told the appeals court panel the government planned to ask the Brooklyn federal court by early next week to dismiss the lawsuits.

He said lawyers fighting the government were engaging in a "massive fishing expedition" for documents and testimony that would reveal the deliberative processes at the highest levels of the Department of Homeland Security and the Justice Department. He called it "wholly improper."

Mooppan seemed to get a sympathetic ear from appeals judges, with one of them saying the government's opponents seemed to be pursuing "a disguised application under the Freedom of Information Act."

"There are a lot of different ways this is very wrong, your honor. That might be one of them," Mooppan said.


Court asked to decide whether to limit electronics searches
U.S. Legal News | 2017/10/26 18:20
A federal appeals court is being asked to decide whether government agents can search cell phones and laptops at airports without a search warrant.

The American Civil Liberties Union argues that warrantless searches of personal information on electronic devices are unconstitutional, and that significant privacy interests are at stake.

The 4th U.S. Circuit Court of Appeals in Richmond hears arguments Thursday in the case of a Turkish national convicted of trying to illegally smuggle weapons parts to Turkey.

Hamza Kolsuz was arrested at Washington Dulles International Airport in Virginia after agents found weapons parts in his luggage, and a judge denied his motion to suppress evidence found during a forensic search of his phone.



Washington Supreme Court to hear education funding case
U.S. Legal News | 2017/10/25 01:21
The Washington state Supreme Court is set to hear argument on whether the state has met its constitutional requirement to fully fund K-12 education.

Tuesday morning's hearing is on whether the state should still be held in contempt for lack of progress on satisfying a 2012 ruling that found that school funding was not adequate. Lawmakers needed a funded plan in place this year ahead of a Sept. 1, 2018 deadline the court had set.

The plan approved and signed by Gov. Jay Inslee earlier this year relies largely on an increase to the statewide property tax that starts next year. The tax increases from $1.89 to $2.70 per $1,000 of assessed value, with the increase earmarked for education. The plan — which keeps in place local property tax levies but caps them beginning in 2019 at a lower level— will ultimately raise property taxes for some districts and lower them in others.


Ohio court won't hear case in seizure of exotic animals
Headline News | 2017/10/24 08:21
Another court has dealt a blow to an Ohio man who is trying to get his six tigers and several other exotic animals back from the state.

The Ohio Supreme Court earlier this month said it would not hear an appeal in the case involving the owner of a roadside animal sanctuary near Toledo.

Ohio took custody of 11 animals from Kenny Hetrick in January 2015 after officials say he ignored warnings that he needed a permit.

Hetrick argues he was treated differently than other exotic animal owners and has asked the courts to force the state to give him a permit and return the animals.

The tigers, bear, leopard and cougar are now being kept in out-of-state sanctuaries during the state's appeal.


Immigrant teen seeking abortion asks court to reconsider
U.S. Legal News | 2017/10/24 01:21
Attorneys for a pregnant teen being held in a Texas immigration facility are asking a federal appeals court to reconsider its decision not to order the government to let her obtain an abortion.

Lawyers for the 17-year-old on Sunday asked the U.S. Court of Appeals for the District of Columbia to hold another hearing before all the judges on the court.

A three-judge panel ruled against the teen Friday, giving the government until Oct. 31 to find a sponsor to take in the teen so she could get an abortion on her own.

Her lawyers have accused federal officials of unlawfully restricting the teen's rights. But the U.S. Department of Health and Human Services says it has a policy of "refusing to facilitate" abortions for minors in its care.



Tennessee church shooting suspect due in court Monday
U.S. Legal News | 2017/10/23 01:22
The man accused of fatally shooting one person and wounding six others at a Tennessee church is slated for a court appearance.

A preliminary hearing for 25-year-old Emanuel Kidega Samson is scheduled for Monday morning in front of a Davidson County general sessions judge.

Samson is charged with murder in the Sept. 24 slaying of a woman at Burnette Chapel Church of Christ in Nashville. Additional charges are expected. He's being held without bond.

An arrest affidavit says Samson waived his rights and told police he arrived armed and fired at Burnette. Police haven't determined a motive.



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