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Immigrants without legal status in U.S. sue Georgia for in-state tuition

"Rigoberto Rivera grew up in Georgia, he graduated from Roswell High School and he and his parents are paying state income taxes. Now he wants to go to college and study criminal justice in his home state. But he said he can't afford it because Georgia won't let him pay its in-state tuition...

Pleadings in Georgia DACA Tuition Lawsuit

IN THE SUPERIOR COURT OF FULTON COUNTY, STATE OF GEORGIA, CIVIL ACTION NO. 2014cv243077 DACA BENEFICIARY GEORGIA COLLEGE STUDENTS, Plaintiffs, vs. UNIVERSITY SYSTEM OF GEORGIA’S BOARD OR REGENTS, Defendants. Motion to Dismiss - pp. 23-101 PLAINTIFFS’ RESPONSE TO DEFENDANTS’...

Law Profs Weigh In on Georgia DACA Tuition Lawsuit

"In a nutshell, DACA recipients who can meet the durational requirement while in DACA status are clearly qualified to receive resident tuition status. It is not federal law that grants them this eligibility, but Georgia law and policy on their face. We urge the Court to order their eligibility,...

Georgia's Largest Police Departments Bypass State Immigration Laws

"Three years ago this month Georgia drew national attention when it followed Arizona’s lead and enacted sweeping legislation to drive out immigrants living illegally in the state. The part of the law that has drawn the most attention gives state and local police the option to investigate the...

DREAMers Rally for In-State Tuition

"If a couple of states legalizing pot is significant, the number of states which have approved in-state tuition for undocumented students, or DREAMers, is a tidal wave. And for states, education of immigrants can mean big business–and big tax revenue. From Minnesota, to Florida, to Utah, we...

Norton Rose Fulbright: Former Executives Guilty Of Food Safety Violations

By Megan Fanale Engel and Cori Annapolen Goldberg On September 19th, a federal jury in Albany, GA found three former Peanut Company of America (“PCA”) executives guilty of felony charges related to food safety violations. Stewart Parnell, the former owner of PCA; Mary Wilkerson, the former...

Federal: 11th Circuit Says Georgia Comp Settlement Is Exempt From Garnishment

Construing Georgia’s post-judgment garnishment statute, O.C.G.A. § 18–4–60 et seq., the Eleventh Circuit of Appeals held that a bank account holder whose accounts included monies he had obtained from a workers’ compensation settlement and those that he received from monthly...

Ex-NBA Player, Others Want $45M EB-5 Suit Axed - Law360

"Former NBA forward Theo Ratliff and various entertainment-related companies urged a Georgia federal judge on Friday to toss a $45 million lawsuit brought by a Georgia-based production studio alleging that it was pushed out of a lucrative funding opportunity with the EB-5 immigrant investor program...

Jury Verdict Round-Up: April Top Personal Injury Suits

During April, the attorney editors on the LexisNexis Jury Verdict team covered several notable personal injury verdicts from across the country. Every month, we try to make a list of the top five cases that captured our attention. This month, however, we covered so many really interesting cases, we decided...

Groundbreaking Unpub. BIA Decision for Juveniles and SIJS in Georgia

Charles Kuck writes - "On June 1, 2015, Kuck Immigration Partners, through our amazing associate attorney Anna Erwin , received a groundbreaking (but as of yet unpublished) decision from the Board of Immigration Appeals . The Board reversed the decision of the Atlanta Immigration Judge to deport...

Truth, Justice, And The Evidentiary Admissibility Of ‘Uncle Wiggy's Secret Guide To Dealing With The Police’

When Josh Brock was a detective with the Summerville Police Department in rural Georgia, he was involved in the creation of a Web site and a publication titled Uncle Wiggy's Secret Guide to Dealing With the Police , which provided criminal defendants with helpful tips on dealing with police. The...

Beware The Campus Cop, Off-Campus

Forget Mall Cop. In Georgia, campus police officers may now make arrests for moving violations committed in their presence, regardless of whether they are on campus. Decari Mason is a POST-certified police officer employed at Kennesaw State University (KSU). At approximately 1:42 a.m. on May 5, 2013...

Food Fight in Georgia: Feds Warn State Not to Deny SNAP to Syrian Refugees

On Nov. 18, 2015 the Ga. Dept. of Social Services issued this memo regarding assistance to Syrian refugees. On Nov. 25, 2015 the USDA responded with this letter instructing Georgia to obey federal law. [I thought the Civil War was supposed to have put an end to this kind of secessionist nonsense...

Georgia Attorney General: State Can't Stop Block Syrian Refugees

Associated Press, Dec. 30, 2015 - "Georgia cannot exclude Syrian refugees from resettlement in the state or deny them federally funded benefits, the state attorney general wrote in an official opinion Wednesday. Gov. Nathan Deal had asked Attorney General Sam Olens for an opinion on an executive...

Immigrant Students File Tuition Lawsuit in Georgia: GLAHR v. Alford

MALDEF, Mar. 9, 2016 - "MALDEF, along with local counsel Horsley Begnaud, LLC, filed a federal-court lawsuit against the University System of Georgia, challenging a policy denying in-state tuition to individuals lawfully present as recipients of deferred action from the United States government...

Georgia Driver License Victory: Chavez v. Milkell

Chavez v. Milkell, Apr. 19, 2016 - "Because the USCIS SAVE Verification Report indicates "( c)( 1 0)" classification for the Petitioner which means he has a pending application for adjustment of status to that of lawful permanent resident pursuant to 8 USC 1229(b)( I) an thus has "lawful...

Another Georgia DL Victory: Villegas Torres v. Mikell

Villegas Torres v. Mikell, Apr. 20, 2016 - "The Court finds that the DDS's decision to cancel and/or not renew Petitioner's license is not supported by the evidence because she submitted satisfactory evidence to show lawful status under 6 C.F.R. § 37.3. Specifically, the I-797C Notice...

Students Protest Georgia's Anti-Immigrant Enrollment, Tuition Policies

Janel Davis, Atlanta Journal-Constitution, May 10, 2016 - "Officers arrested a group of immigrant students and their supporters Tuesday after a protest of college enrollment and tuition policies that keeps some immigrant students out of Georgia’s college and university system. The protest...

BIA on Circumstance-Specific Approach, Sentencing: Matter of H. Estrada, 26 I&N Dec. 749 (BIA 2016)

Matter of H. Estrada, 26 I&N Dec. 749 (BIA 2016) - "Considering the totality of the evidence, we agree with the Immigration Judge that the DHS has established the domestic nature of the respondent’s offense by clear and convincing evidence and that the respondent is therefore removable...

CA11 on Theft, Fraud, Consent...and Inconsistent BIA Rulings: Vassell v. U.S. Atty. Gen.

Vassell v. U.S. Attorney General, June 13, 2016 - "The Board of Immigration Appeals (BIA) ruled that Winsome Vassell is deportable because she pleaded guilty to “theft by taking” in violation of Georgia Code § 16-8-2. Mrs. Vassell has filed a petition for review saying that this...

MALDEF Files Suit Against University System of Georgia for Barring Deferred Action Students Admission to Selective Universities

MALDEF, Sept. 2, 2016 - " Three students are suing the University System of Georgia because of policies that ban them from attending the state's top school because of their immigration classification. The lawsuit was filed today by MALDEF (Mexican American Legal Defense and Educational Fund...

IMMIGRANTS DETAINED IN GEORGIA TO GET BETTER ACCESS TO COUNSEL AFTER SPLC COMPLAINT

SPLC, Sept. 6, 2016 - "In response to a complaint by the SPLC, the for-profit company that operates the Stewart Detention Center in Georgia has installed a long-delayed videoconferencing system so that detained immigrants can speak to their attorneys. Earlier this year, the SPLC and...

America's Toughest Immigration Court

Christie Thompson, Dec. 12, 2016 - "Stewart, and the adjoining immigration court that determines the fate of all its detainees, has the highest deportation rate in the country. That’s in part because the detainees at Stewart are among the least likely to find an immigration attorney. Lawyers...

Georgia DACA Students Entitled to In-State Tuition Status: Rivera Hernandez v. Alford

"Plaintiffs have established that they are entitled to mandamus relief as a matter of law. Plaintiffs' Motion for Summary Judgment is GRANTED and Defendants are hereby compelled to perform their duty in applying the federal definition of lawful presence as it relates to students who are DACA...

Former ICE Attorney Switches Sides, Now Represents Detained Asylum-Seekers in Georgia

Washington Post, Mar. 27, 2017 - "In a tiny hearing room at one of the country’s most remote and unforgiving immigration courts, Elena Albamonte walked right past the table she had used for years as the government’s highest-ranking prosecutor here. Instead, she put her briefcase on the...