Posts tagged as:

immigration law

November 23 roundup

by Walter Olson on November 23, 2009

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Telegraph:

The Asylum and Immigration Tribunal ruled that sending the Bolivian man back to his homeland would breach his human rights because he was entitled to a “private and family life”, and joint ownership of a pet was evidence that he was fully settled in this country. …

The Bolivian’s identity has not been disclosed and even the name of the pet cat was blanked out in official court papers to protect its privacy.

Delivering her decision on the case, which is thought to have cost the taxpayer several thousand pounds, Judith Gleeson, a senior immigration judge, joked in the official written ruling that the cat “need no longer fear having to adapt to Bolivian mice”. …

More: Rougblog (”We are all familiar with the term “anchor baby,” but the “anchor cat” is a new concept for me.”)

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Around the web, September 16

by Walter Olson on September 16, 2009

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Himself for a client dept.

by Walter Olson on September 1, 2009

According to U.S. Justice Department and Colorado bar authorities, Denver immigration lawyer Ravi Kanwal was himself in the United States unlawfully. [Legal Profession Blog via Ambrogi, Legal Blog Watch]

August 31 roundup

by Walter Olson on August 31, 2009

  • California: “Feds Say Lawyer Took Bribe to Encourage Client to Lie in Immigration Case” [NLJ]
  • “Before you celebrate [the] seemingly wise anti-litigation statement [of the "Skanks in New York" blogger], take note that she’s suing Google…” [Althouse, earlier here, here, etc.] Dispute is female-vs.-female, but feminist lawprofs inevitably spot gender discrimination [Citron, ConcurOp; Greenfield]
  • “Ousted members of Florida chess board sue to reclaim their volunteer positions” [St. Petersburg Times]
  • Man freed after serving 22 years on dubious child abuse charges, but prosecutor who went after him is doing fine [Radley Balko, Reason "Hit and Run", Bernard Baran case, Massachusetts]
  • Khalid bin Mahfouz, plaintiff in celebrated “libel tourism” case against Rachel Ehrenfeld in England, is dead at 60 [Wasserman/Prawfsblawg]
  • Colorful University of Connecticut law professor lands in a spot of bother again after girlfriend’s arrest [Above the Law]
  • Federal judge says prosecutor in Chicago U.S. Attorney’s office allowed witness to testify falsely [WSJ Law Blog]
  • Deja vu? “‘Seinfeld’ joke gets man canned for harassment” [Des Moines Register, earlier Wisconsin case; & see Ted's caveat in comments]

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August 17 roundup

by Walter Olson on August 17, 2009

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A jury convicted three California lawyers and two interpreters who prosecutors said had organized massive fraud in the filing of asylum claims, generating false documents and coaching hundreds of clients to make false claims of persecution in India, Romania, and other countries so as to obtain the right to remain in this country. [Sacramento Bee; Jagprit Singh Sekhon, Jagdip Singh Sekhon, and Manjit Kaur Rai] “Meanwhile, in Boston, federal immigration authorities have begun rejecting dozens of immigration applications filed by lawyer John K. Dvorak, The Boston Globe reports. Officials allege they have found fraud, such as fake employment letters, in a significant number of Dvorak’s cases.” [Ambrogi, LegalBlogWatch]

Oops dept.

by Walter Olson on June 13, 2009

The lead plaintiff in Alli v. Decker, an ACLU-led class action lawsuit aimed at preventing the deportation of various aliens who commit crimes, turns out to be a conman who played a role in a huge Nigerian-led identity theft scam. Reports the Times:

The news media campaign was all set to go. There was even a Web site ready with a sympathetic profile of Alexander Alli, 49, the man the American Civil Liberties Union had chosen as the lead plaintiff …Court documents tell the story of Mr. Alli’s life before his fall as a familiar tale of immigrant pluck, luck and hard work.

Well, yes, court documents prepared by his lawyers would tend to do that, while tending to downplay or omit the massive identity theft operation in which Mr. Alli was a participant, which extracted more than $50 million by impersonating and victimizing some 30,000 credit card holders: he “admitted to being personally responsible for $70,000 to $120,000 of the multimillion-dollar losses to banks and credit card companies”. Start deporting people like that, and where is our next generation of scam artists supposed to come from? [New York Times, Patrick at Popehat]

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April 28 roundup

by Walter Olson on April 28, 2009

  • Forensics gone wrong: Alabama mom spends nine months in jail after medical examiner misdiagnoses stillbirth as murder [Patrick @ Popehat]
  • Bouncer shot outside bar going after owners individually to collect $1.5 million verdict [W.V. Record]
  • “Feds Seize Assets of Companies Suspected of Hiring Illegal Aliens” [Reisinger, Corporate Counsel]
  • Dealing with compulsive-hoarder tenants who fill apartment up to the ceiling with trash can be legally tricky [San Francisco Weekly]
  • NYC has paid more than a half billion dollars over past decade to settle police misconduct suits [NY Post]
  • Los Angeles schools taking aim at state laws that make it near impossible to fire teachers [L.A. Daily News via Kaus]
  • Another parent put through mistaken-identity child-support hell, this time in Pennsylvania [Harrisburg Patriot-News via Amy Alkon] For a similar case from California, see August 7-8, 2001;
  • Disabled man finds vehicle towed, wheels himself in cold to distant lot, catches pneumonia. Liability for tow company and parking lot owner? [John Hochfelder, who also hosts Blawg Review #209 this week on a theme of remembering his father, a veteran of the WWII battle of Iwo Jima]

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“A federal jury on Tuesday afternoon ruled that an Arizona rancher did not violate the civil rights of 16 Mexican nationals he detained at gunpoint after they had snuck illegally into the United States in 2004, but the jury awarded $78,000 in actual and punitive damages to six of the illegal immigrants on claims of assault and infliction of emotional distress.” [Jerry Seper/Washington Times, earlier]

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February 12 roundup

by Walter Olson on February 12, 2009

  • Driving through town of Tenaha, Texas? Might be better to get accosted by the robbers and not the cops [San Antonio Express-News via Balko, Hit and Run]
  • Location-tracking Google Latitude application could pose liability problems for unwary employers [PoL]
  • EMTALA law obliges hospital ERs to treat many patients. OK, so how about ELRALA next, for lawyers? [White Coat Rants]
  • New Jersey judge dismisses defamation suit by three women whose picture appeared in book “Hot Chicks with D-Bags” [Smoking Gun, earlier here and, relatedly, here] More: Taranto, WSJ “Best of the Web”, scroll.
  • Myrhvold, often assailed as patent troll, sponsors quote/unquote neutral Stanford study of patent litigation [MarketWatch]
  • Some thoughts on much-publicized tussle between Associated Press and Shepard Fairey over Obamacon photo [Plagiarism Today]
  • Creative uses of immigration law: get that little homewrecker deported [Obscure Store]
  • More than a few real estate lawyers were “hip-deep in mortgage fraud”. Will they tiptoe away? [Scott Greenfield]
  • Roundup on the awful Employee Free Choice Act [PoL]

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“An Arizona man who has waged a 10-year campaign to stop a flood of illegal immigrants from crossing his property is being sued by 16 Mexican nationals who accuse him of conspiring to violate their civil rights when he stopped them at gunpoint on his ranch on the U.S.-Mexico border. Roger Barnett, 64, began rounding up illegal immigrants in 1998 and turning them over to the U.S. Border Patrol, he said, after they destroyed his property, killed his calves and broke into his home.” MALDEF, the famous Ford Foundation-founded litigation group, is representing the plaintiffs. [Jerry Seper, Washington Times]

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From J-Walk Blog:

Keene Valley resident Jerilea Zempel was detained at the U.S. border this summer because she had a drawing of a sport-utility vehicle in her sketchbook.

U.S. Customs and Border Protection officers told Zempel they suspected her of copyright infringement.

She was released after more than an hour in custody at the Houlton, Maine, port of entry from New Brunswick, Canada.

Her release came only after she persuaded border guards she was an artist doing a project that involved a crocheted SUV as a statement against America’s dependence on oil and love for big vehicles.

(Lohr McKinstry, “Keene artist had hard time getting back into US”, Plattsburgh (N.Y.) Press-Republican, Oct. 4).

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Fowzi Badavi Nejad, the only survivor among six terrorists who seized the Iranian Embassy and 26 hostages in London 28 years ago, “has reportedly been assured he will not be deported back to his native Iran because of human rights laws, and will instead stay in Britain at taxpayers’ expense.” (Chris Irvine, “Iranian Embassy terrorist to be freed this month can claim benefits”, Daily Telegraph, Oct. 9).

One way that can happen to you is to be traveling the Canadian side of the Niagara River on your Sea-Doo jet ski, get caught in the rapids and swept over to the U.S. side. Jason Haist of Toronto was knocked unconscious and nearly drowned in the process, but his legal troubles were only beginning, as U.S. Border Patrol agents filed charges against him. They also arrested his cousin Edward, who tried to help him, for not reporting immediately on entry. After a press outcry, the two were released from their jail cell and returned to Canada. (Toronto Star, Aug. 25; Inside Toronto, Aug. 26).

P.S. Commenter “Buffalo” says the facts are more complicated than would appear from the Canadian press coverage and that “before the accident/injury, there was reportedly evidence that they landed on the US side without reporting in”.

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Last year (Jun. 25, 2007) a furor broke out when a YouTube video revealed lawyers from the firm speaking frankly about skirting provisions of immigration law that require that a qualified domestic applicant be sought before hiring certain foreign workers. Now the U.S. Department of Labor has “announced that it has begun placing pending permanent labor certification applications filed by [the Pittsburgh-based law firm] into department-supervised recruitment. Supervised recruitment requires the employer to receive advance approval from the labor department for all recruitment efforts to ensure that U.S. workers are fully considered for available positions.” The move will undoubtedly make it harder for the law firm to compete for employer business in the immigration field. (”Recruitment filings by Pittsburgh law firm under U.S. Labor scrutiny”, Pittsburgh Business Times, Jul. 8; ABA Journal links to DoL press release).

Update: immigration law fraud

by Walter Olson on September 21, 2003

In Miami, immigration lawyer Javier Lopera was sentenced to eight years in prison and faces deportation afterward for his role in operating a visa mill which may have provided as many as 3,500 persons with false papers qualifying them to enter the country as religious ministers or business executives. In another major fraud case, “Virginia lawyer Samuel Kooritzky was sentenced in March to 10 years in prison for crimes involving 2,700 applications submitted in 18 months.” (Catherine Wilson, “Probe of immigration lawyer balloons into massive visa fraud case”, AP/Atlanta Journal Constitution, Aug. 29). Last year Harvard Law-educated Robert Porges, who once ran the country’s largest political asylum practice, and his wife pleaded guilty to charges of racketeering, conspiracy and tax fraud and were sentenced to about eight years in prison for their role in filing 6,000 or more false asylum applications as well as false affidavits (see Sept. 22, 2000; Matt Hayes, “Corrupt Lawyers Aid Immigration Woes”, Fox News, Apr. 29, 2002; “Lawyer, wife admit Chinese smuggling scheme”, AP/Court TV, 2002; Elizabeth Amon, “The Snakehead Lawyers”, National Law Journal, Jul. 17, 2002).