PHILADELPHIA - A Pennsylvania city's two ordinances that prohibit employment of illegal aliens and preclude them from renting housing in the city are preempted by federal immigration law, the Third Circuit U.S. Court of Appeals ruled July 26 (Pedro Lozano, et al. v. City of Hazleton, No. 07-3531, 3rd Cir.; 2013 U.S. App. LEXIS 15256).
KANSAS CITY, Mo. -Unauthorized aliens may collect minimum and overtime wages under the Fair Labor Standards Act (FLSA) because that federal law "does not allow employers to exploit any employee's immigration status or to profit from hiring unauthorized aliens in violation of federal law," the Eighth Circuit U.S. Court of Appeals ruled July 29 (Elmer Lucas, et al. v. Jerusalem Cafe, LLC, et al., No. 12-2170, 8th Cir.; 2013 U.S. App. LEXIS 15320).
NEW YORK - The decision in Hoffman Plastic Compounds, Inc. v. NLRB (535 U.S. 137 $(2002$)) prohibits undocumented aliens from recovering back pay even when those employees did not violate the Immigration Reform and Control Act of 1986 (IRCA), the Second Circuit U.S. Court of Appeals ruled July 10 (Christian Palma, et al. v. National Labor Relations Board, No. 12-1199, 2nd Cir.; 2013 U.S. App. LEXIS 13911).
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SANTA ANA, Calif. - A California federal judge on April 19 provisionally certified a class complaint challenging the constitutionality of Section 3 of the Defense of Marriage Act (DOMA) and alleging that it prevents homosexual immigrants from receiving certain immigration benefits available to immigrants in heterosexual marriages (Martin R. Aranas, et al. v. Janet Napolitano, Secretary of the Department of Homeland Security, et al., No. 12-1137, C.D. Calif.).
SAN FRANCISCO - The California Supreme Court on March 20 declined to review a California unfair competition law (UCL) injunction against an immigration law firm and its shareholder that a lower court found regulated fraud and not the practice of law (The People ex rel. Dennis J. Herrera, as city attorney, etc. v. Christopher Stender, et al., No. No. S208570, Calif. Sup.).
PASADENA, Calif. - The Ninth Circuit U.S. Court of Appeals on March 14 upheld a district court's denial of an immigrant's mandamus petition in which he sought to compel the U.S. Department of Education (DOE) to issue him a Stafford loan, ruling that he did not provide any evidence that he was "in the United States for other than a temporary purpose" (Asil Mashiri v. Department of Education, et al., No. 10-56022, 9th Cir.; 2013 U.S. App. LEXIS 5096).
SAN FRANCISCO - A city attorney's California unfair competition law (UCL) action against an immigration law firm and its sole shareholder seeks to regulate fraud, not the practice of law, a state appeals court held Dec. 4 (The People ex rel. Dennis J. Herrera, as city attorney, etc. v. Christopher Stender, et al., No. A131625, Calif. App., 1st Dist., Div. 2; 2012 Cal. App. Unpub. LEXIS 8871).
ATLANTA - An Immigration and Customs Enforcement agent's testimony that photos constituted pornography is not governed by Federal Rule of Evidence 702, an 11th Circuit U.S. Court of Appeals panel held Nov. 19 in affirming the expert's admission and the defendant's 140-year sentence for pornography (United States of America v. Robert Allan Cowan, No. 11-15989, 11th Cir.; 2012 U.S. App. LEXIS 23687).
LOS ANGELES - Shareholders could not show that directors in a company showed bad faith regarding the company's violations of immigration laws, a federal judge in California said July 31, dismissing the shareholders' derivative lawsuit for failure to show that presuit demand upon the board would have been futile (In re American Apparel, Inc. Shareholder Derivative Litigation, No. 10-cv-06576, C.D. Calif.). View related prior history, 2012 U.S. Dist. LEXIS 47026.
PHILADELPHIA - A panel of the Third Circuit U.S. Court of Appeals on April 16 vacated an order from the U.S. Bureau of Immigration Affairs (BIA) that called for the deportation of a Jamaican-born U.S. citizen who had committed bankruptcy fraud, holding that the loss the BIA premised its removal order upon did not actually occur (Nigel St. Ivan Singh v. Attorney General of the United States, No. 11-1988, Chapter 11, 3rd Cir.; 2012 U.S. App. LEXIS 7544).