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Mealey's Litigation Procedure - Immigration Order Class Suit Is Stayed Pending Hawaii's Appeal

SEATTLE - A Washington federal judge on May 22 stayed a class suit filed by three minors objecting to President Donald J. Trump's immigration-related executive orders pending a ruling in Hawaii v. Trump, No. 17-15589 (9th Cir.) (Juweiya Abdiaziz Ali, et al. v. Donald Trump, et al., No. 17-135, W.D. Wash., 2017 U.S. Dist. LEXIS 77656).

Mealey's Litigation Procedure - New York Federal Judge Grants Immigrants' Emergency Motion For Stay Of Removal

NEW YORK - A New York federal judge on Jan. 28 granted an emergency motion for stay of removal filed by two immigrants seeking to represent themselves and a class of individuals with refugee applications, holders of valid visas and other individuals from seven countries who are legally authorized to enter the United States in response to an executive order issued by President Donald Trump one day earlier changing the way certain non-citizens may enter the United States and imposing a 120-day moratorium on the refugee resettlement program (Hameed Khalid Darweesh, et al. v. Donald Trump, et al., No. 17-480, E.D. N.Y.).

Mealey's PI/Product Liability - Mississippi Appellate Panel Affirms Defense Verdict In Premises Liability Suit

JACKSON, Miss. - A panel of the Mississippi Court of Appeals on Dec. 13 affirmed a trial court's decision to not allow the attorneys of a plaintiff in a premises liability suit to refer to the man who attacked her as an "illegal immigrant" (Margaret Magers v. Diamondhead Resort LLC., No. 2015-CA-01330-COA, Miss. App.; 2016 Miss. App. LEXIS 793).

Mealey's Litigation Procedure - Judge Reserves Ruling On Motion To Bar Testimony On Immigration Customs Practices

FORT MYERS, Fla. - Finding that a former judge may be able to assist a jury on procedures employed by U.S. Immigration and Customs Enforcement (ICE) and the U.S. immigration courts, a Florida federal judge on March 4 reserved ruling on a motion to exclude until trial (United States of America v. Yohany Hernandez-Hernandez, No. 15-59, M.D. Fla.; 2016 U.S. Dist. LEXIS 27737).

Mealey's Litigation Procedure - Magistrate Finds Agency Properly Withheld Documents In FOIA Request Response

NEW YORK - An attorney claiming nonresponsiveness under the Freedom of Information Act (FOIA) by the U.S. Citizenship and Immigration Services (CIS) failed to establish any bad faith or violations by the agency, a New York federal judge held Sept. 26, declining to conduct an in camera review of withheld documents and granting the agency's motion for summary judgment (John Assadi Esq. v. United States Citizenship and Immigration Services, No. 1:12-cv-01374, S.D. N.Y.; 2014 U.S. Dist. LEXIS 137074).

Mealey's Litigation Procedure - Immigrant Children Sue Government For Representation In Deportation Proceedings

SEATTLE - Eight immigrant children filed a class complaint July 9 in the U.S. District Court for the Western District of Washington alleging that they are being denied due process by being forced to represent themselves during deportation proceedings (J.E.F.M., et al. v. Eric H. Holder, Attorney General, United States, et al., No. 14-1026, W.D. Wash.).

Mealey's Labor & Employment - U.S. High Court Declines To Hear Appeal Of Undocumented Immigrants' Wage Suit

WASHINGTON, D.C. - The U.S. Supreme Court on March 10 declined to hear an appeal in a lawsuit over an employer's obligation to provide undocumented immigrants with minimum and overtime wages (Jerusalem Cafe, LLC, et al v. Elmer Lucas, et al., No. 13-682, U.S. Sup.; 2014 U.S. LEXIS 1863).

Immigration Law Firm, State Settle Competition Law Claims For $418,000

SAN FRANCISCO - A law firm will pay California $418,000 to resolve state unfair competition law (UCL) claims alleging that the firm collected large fees while its attorneys did little or no work on the clients' immigration cases, under a settlement filed Dec. 16 (The People of the State of California, et al. v. Guajardo, Martin, et al., Jamie Hernandez, et al. v. Guajardo, Martin, et al., Nos. 505449, 505450, Calif. Super., San Francisco Co.).

3rd Circuit: City Ordinances Barring Employment, Housing For Aliens Are Preempted

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).

8th Circuit: Unauthorized Aliens May Collect Minimum And Overtime Wages

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).

2nd Circuit: Undocumented Aliens Barred From Collecting Back Pay

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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Preliminary Certification Granted In Suit Challenging Defense Of Marriage Act

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.).

California Top Court Rejects Competition Law Injunction Case Against Law Firm

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.).

9th Circuit: Immigrant's Stafford Loan Application Properly Rejected

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).

Court Upholds California Unfair Competition Law Injunction Against Law Firm

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).

11th Circuit Affirms Porn Conviction, Agent's Expert Testimony

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).

Judge Says Shareholders Failed To Show That Presuit Demand Was Futile

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

3rd Circuit Refuses To Deport Jamaican-Born U.S. Citizen For Bankruptcy Fraud

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).