|
|
|
US moves to cut backlog of asylum cases at US-Mexico border
Court News |
2021/08/18 10:15
|
The Biden administration on Wednesday proposed changing how asylum claims are handled, aiming to reduce a huge backlog of cases from the U.S.-Mexico border that has left people waiting years to find out whether they will be allowed to stay in America.
Under the proposal, routine asylum cases no longer would automatically be referred to the overwhelmed immigration court system managed by the Justice Department but would be overseen by asylum officers from U.S. Citizenship and Immigration Services, part of Homeland Security Department.
Advocates for the change see it as a way to help those with legitimate claims for protection while allowing officials to more quickly deal with people who do not qualify for asylum or are taking advantage of the long delay to stay in the United States.
“Individuals who are eligible will receive relief more swiftly, while those who are not eligible will be expeditiously removed,” Homeland Security Secretary Alejandro Mayorkas said.
The proposal must go through a public comment period before it can be adopted as a new policy.
The immigration court system has an all-time high backlog of about 1.3 million cases. The Trump administration tried to deal with the issue in part by imposing stricter criteria for asylum and forcing people to seek protection in Mexico and Central America. President Joe Biden’s proposal would streamline the system.
The reason for the change is that more people have been seeking asylum under U.S. law, particularly at the U.S.-Mexico border in recent years.
As the system works now, people who present themselves at the border or are apprehended by the Border Patrol and identify themselves as asylum-seekers must pass what is known as a “credible fear” interview. A USCIS asylum officer determines whether they meet the criteria of someone facing persecution in their homeland because of race, religion, nationality, membership in a particular social group or political opinion.
|
|
|
|
|
|
|
Holocaust researchers in Poland win libel case on appeal
Court News |
2021/08/16 10:18
|
An appellate court in Poland on Monday rejected a lawsuit brought against two Holocaust scholars in a case that has been closely watched because it was expected to serve as a precedent for research into the highly sensitive area of Polish behavior toward Jews during World War II.
Poland is governed by a nationalist conservative party that has sought to promote remembrance of Polish heroism and suffering during the wartime German occupation of the country. The party also believes that discussions of Polish wrongdoing distort the historical picture and are unfair to Poles.
The Appellate Court of Warsaw argued in its explanation that it believed that scholarly research should not be judged by courts. But it appeared not to be the end: a lawyer for the plaintiff said Monday that she would appeal Monday’s ruling to the Supreme Court.
The ruling was welcomed by the two researchers, Jan Grabowski and Barbara Engelking, who declared it a “great victory” in a Facebook post.
“We greet the verdict with great joy and satisfaction all the more, that this decision has a direct impact on all Polish scholars, and especially on historians of the Holocaust,” they said.
Monday’s ruling comes half a year after a lower court ordered the two researchers to apologize to a woman who claimed that her deceased uncle had been defamed in a historical work they edited and partially wrote, “Night Without End: The Fate of Jews in Selected Counties of Occupied Poland.”
Lawyers for the niece, 81-year-old Filomena Leszczynska, argued that her uncle was a Polish hero who had saved Jews, and that the scholars had harmed her good name and that of her family by suggesting the uncle was also involved in the killing of Jews.
The plaintiffs’ lawyer, Monika Brzozowska-Pasieka, said in an emailed statement to The Associated Press that Leszczynska was “astonished” by the judgement and intends to file an appeal to the Polish Supreme Court.
|
|
|
|
|
|
|
Court tosses ruling against Pennsylvania COVID-19 measures
Court News |
2021/08/11 11:07
|
A federal appeals court has dismissed a judge’s ruling that threw out Gov. Tom Wolf’s sweeping COVID-19 restrictions, saying the issue is now moot because statewide mitigation measures have expired and Pennsylvania voters have since constrained a governor’s emergency powers.
The 3rd U.S. Circuit Court of Appeals ruled that since Wolf’s stay-at-home order, limits on crowd size and business closures are no longer in effect, there is “consequently no relief that this court can grant.”
The Philadelphia-based appeals court also noted that Pennsylvania voters in May approved amendments to the state constitution that give lawmakers much more power over disaster declarations.
The appeals court’s order instructed U.S. District Judge William Stickman IV to vacate his nearly year-old ruling that Wolf’s pandemic restrictions were overreaching and arbitrary and violated citizens’ constitutional rights. The appeals court had previously put the ruling on hold while the Wolf administration appealed.
Stickman, who was appointed by former President Donald Trump, had sided with plaintiffs that included hair salons, drive-in movie theaters, a farmer’s market vendor, a horse trainer and several Republican officeholders in their lawsuit against Wolf, a Democrat, and his health secretary.
Writing separately, 3rd Circuit Judge Kent Jordan said that while he agreed with the majority that the case is legally moot, he noted the Wolf administration has said the constitutional amendments do not affect a state health secretary’s disease-prevention authority to issue mask-wearing and stay-at-home orders or shut down schools and nonessential businesses.
At the same time, Wolf administration officials have said they have no intention of restoring such statewide mitigation measures, even as the highly contagious delta variant of the coronavirus has led to sharply rising infections and hospitalizations.
|
|
|
|
|
|
|
Order: Mississippi judges have discretion for COVID safety
Court News |
2021/08/09 11:33
|
Mississippi judges have the power to delay trials, limit the number of spectators in courtrooms or take other steps to try to slow the spread of COVID-19, the leader of the state Supreme Court says in an emergency order.
Chief Justice Michael Randolph issued the order Thursday in response to the rapid spread of illness caused by highly contagious delta variant of the virus.
Mississippi has one of the lowest COVID-19 vaccination rates in the nation, and the state health officer, Dr. Thomas Dobbs, said Friday that 97% of new cases of COVID-19 in Mississippi are among people who are unvaccinated.
Randolph’s order said judges may postpone jury trials that are scheduled through Sept. 10. In addition to limiting the number of spectators in courtrooms, judges may require people to wear masks and maintain distance between each other. The order encouraged courts to use teleconferencing and videoconferencing, when possible.
Plea hearings in felony cases must still take place in person, but defendants and others in the courtrooms should wear masks and maintain social distancing.
“Any in-person proceedings shall be limited to attorneys, parties, witnesses, security officers, members of the press and other necessary persons, as determined by the trial judge,” Randolph wrote.
|
|
|
|
|
|
|
San Francisco Copyright Lawyers - Our Firm
Court News |
2021/07/26 14:49
|
Our Firm has established a reputation for enforcing and protecting trademarks in the market place with enforcement actions in Federal and State courts throughout the United States as well as at the Trademark Trial and Appeal Board.
San Francisco Trademark Infringement Law Firm
Our Firm can also assist you with managing and securing trademarks as well as with trademark licensing in an effort to maximize the value of your intellectual property.
Accordingly, although not exhaustive, we represent national, regional and local clients on the following matters:
Trademark Infringement
Trademark Clearance Search and Selection
Filing and Registration with the United States Patent and Trademark Office (USPTO), including Intent to Use and Use in Commerce applications
Filing and Registration with the California Secretary of State
Canada, Madrid Protocol & Foreign Filings
Prosecution and Maintenance of Trademark Applications and Registrations.
Structuring Licensing, Development and Distribution Agreements
Trademark and Brand Strategy
Fair use advice
Trademark Advertising Counseling
Anti-counterfeiting
If you need assistance with clearance searches, trademark applications, portfolio management, and enforcement and protection through litigation or other dispute resolution mechanisms.
|
|
|
|
|
|
| Law Firm Web Design Information |
| Law Promo has worked with attorneys, lawyers and law firms all over the world in designing beautiful law firm websites that look great on all devices, from desktop computers to mobile phones. Law Promo can construct your law firm a brand new responsive law firm website, or help you redesign your existing site to secure your place in the mobile world. Solo Practice Law Firm Website Design |
|
|
Legal News RSS Feed
