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Matter of V-X-, 26 I&N Dec. 147 (BIA 2013)

(1) A grant of asylum is not an “admission” to the United States under section 101(a)(13)(A) of the Immigration and Nationality Act, 8 U.S.C. § 1101(a)(13)(A) (2006). (2) When termination of an alien’s asylum status occurs in conjunction with removal proceedings pursuant to...

Legal Foundation: Supreme Court Must Reverse Appeals Court Equal Protection Ruling

DENVER ­­- A western nonprofit, public-interest legal foundation on July 1 urged the Supreme Court of the United States to reverse a ruling by the U.S. Court of Appeals for the Sixth Circuit invalidating a voter-approved ballot initiative barring discrimination by the State of Michigan on the...

Tuition Equality Victory in Michigan

"The University of Michigan on Thursday decided to let immigrants living in the country illegally pay lower, in-state tuition, a victory for activists who said one of the nation’s most prestigious schools is financially out of a reach for high school graduates living in the state without legal...

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Michigan flag

Take My Word for It...Not in Michigan

Can a plaintiff survive summary disposition in a case under the Michigan Whistleblowers' Protection Act where the only evidence to support his claim is his deposition testimony that the company told him in a meeting his protected activity was the reason for his termination? The Michigan Supreme Court...

State Net Capitol Journal: Kentucky, Michigan, West Virginia Will Benefit Most From ACA

Residents of Kentucky, Michigan and West Virginia will benefit more from the Affordable Care Act than those of any other state, according to a study by the Robert Wood Johnson Foundation. Eighty-one percent of currently uninsured residents of those three states will receive some sort of financial assistance...

Employment at Will in Michigan's Public Sector

The University of Michigan was sued for discrimination based on sexual preference by a law professor who was denied tenure. The claim for breach of breach of an implied contract was based in part on the university's policy statements concerning non discrimination. The university raised then abandoned...

Easing the Guidance Document Dilemma Agency by Agency: Immigration Law and Not Really Binding Rules

"Immigration law relies on rules that bind effectively, but not legally, to adjudicate millions of applications for immigration benefits every year. This article provides a blueprint for immigration law to improve its use of these practically binding rules, often called guidance documents. The agency...

CA6 on Binding Concession by Attorney, CIMT: Hanna v. Holder

"[W]e grant Hanna’s petition for review, reverse the BIA’s holding that Hanna’s admission is binding, and relieve Hanna of his attorney’s concession of removability. Because the BIA’s determination that Hanna is removable is predicated on this concession, we reverse...

Split 6th Circuit: Michigan Drug Shield Law Does Not Apply To Fentanyl Patch

CINCINNATI — (Mealey’s) A split Sixth Circuit U.S. Court of Appeals on Jan. 21 reversed dismissal of a fentanyl patch overdose lawsuit, saying the trial court needs to determine whether the patch is a combination product that is not preempted by Michigan’s drug preemption law ( Beth...

Michigan Governor Seeks Visas to Lure Skilled Immigrants to Detroit

"Michigan Gov. Rick Snyder asked the federal government Thursday to set aside thousands of work visas for highly skilled immigrants willing to live and work in the bankrupt city of Detroit for five years. "Let's send a message to the entire world: Detroit, Michigan, is open to the world...

Michigan Federal Judge Is 6th To Strike Down Prohibition On Same-Sex Marriage In Wake Of United States v. Windsor

On March 21, Senior U.S. District Judge Bernard A. Friedman of the U.S. District Court for the Eastern District of Michigan struck down MCLS Const. Art. I, § 25 , an amendment to the Michigan Constitution prohibiting same-sex marriage, Deboer v. Snyder, 2014 U.S. Dist. LEXIS 37274 ( E.D. Mich. Mar...

MALDEF SUES MICHIGAN COMPANIES FOR IMMIGRATION FRAUD AND LABOR VIOLATIONS

"MALDEF filed suit in federal court in the Eastern District of Michigan against Systems USA Inc. and Systems USA Consulting LLC for violating the Racketeering Influenced and Corrupt Organizations Act (RICO), the Trafficking Victims Protection Act (TVPA), the Fair Labor Standards Act (FLSA), and...

Americans Sue Feds Over Watchlisting: Kadura v. Holder

"Relying in part on recent Intercept reporting on the vast breadth of the government’s watchlisting system, several Muslim Americans filed a complaint in a Michigan federal court today , arguing that they have been wrongly ensnared in an unaccountable system without any opportunity to defend...

Further Asian Carp Barriers Proposed

Efforts continue to prevent Asian carp from entering Lake Michigan through the Chicago waterway system. The latest proposal under consideration by the Army Corps of Engineers (ACOE) is to install controls at the Brandon Road Lock and Dam near Joliet, Illinois. The ACOE is seeking public comments on this...

An End Run Around Michigan's Right to Work Law? Not So Fast.

Michigan's right to work law was passed and signed in December of 2012. The law did not go into effect until March 28, 2013. The law contains a provision which states that collective bargaining agreements("CBA") with union security clauses in effect before the March effective date would...

Great Lakes Map

Province and Feds Sign Great Lakes Act Again

By Jennifer Kalnins Temple The Ontario and federal governments have signed the latest (8th) version of the Canada-Ontario Agreement on Great Lakes Water Quality and Ecosystem Health ( 2014 COA ). The purpose of this agreement is to implement Canada’s commitments to protect the Great Lakes...

More Than Words: Defending Michigan Whistleblowers' Claims

Plaintiffs who sued under the Michigan Whistleblowers' Protection Act had a difficult time surviving summary disposition motions in the trial court or sustaining a verdict in the court of appeals. Frequently the issue focused on whether the plaintiff was engaged in protected activity. This focus...

Great Lakes Protection Act Reintroduced (Again)

By Meredith James As promised in Minister Murray’s mandate letter , Ontario’s provincial government has reintroduced the Great Lakes Protection Act . If passed, the Act would: · Help fight climate change, reduce harmful algal blooms, and protect wetlands and other coastal areas...

Top Court Vacates ACA Birth Control Ruling, Remands Case

WASHINGTON, D.C. — (Mealey’s) The U.S. Supreme Court on April 27 granted two Catholic groups’ petition for certiorari and vacated a Sixth Circuit U.S. Court of Appeals ruling that the Patient Protection and Affordable Care Act’s contraceptive mandate did not substantially burden...

Barnes & Thornburg LLP: Antitrust Enforcement For Market Allocation By Michigan Hospitals

By Julie Veldman On June 25, 2015, the United States Department of Justice (DOJ) and the Michigan Attorney General (Michigan AG) sued four Michigan hospital systems for entering into agreements with a competitor to unlawfully allocate territories for the marketing of competing healthcare services...

Michigan State University Must Disclose To ESPN Names Of Student Athletes In Incident Reports

ESPN submitted a request under FOIA asking Michigan State University to provide incident reports involving a list of 300 student-athletes. The University produced the records, but redacted the names and identifying information of the suspects, victims, and witnesses. As authority for its decision, the...

BALCA on ACWIA, H-1B Prevailing Wage, Higher Education: Matter of University of Michgan

BALCA, Matter of University of Michigan, Nov. 18, 2015 - "The Employer filed an Application for Prevailing Wage Determination (ETA Form 9141) in connection with its efforts to hire an H-1B worker. (AF 27-31). The Employer noted on the Form 9141 that it was an institution covered by the American...

Michigan Court Grants Fitness Facility Summary Judgment In Suit Filed By Member Disturbed By Policy Allowing Transgender Individuals To Use Locker Room Of Choice

On Jan. 4, 2016, Judge Michael J. Beale of the 42nd Circuit Court for Midland County, Michigan, granted summary judgment to the franchisor and a franchisee of the Planet Fitness exercise facility chain in a suit filed by a former member regarding Planet Fitness’ locker room policies. Although the...