NYT Publishes Game-Changer On Family Detention

February 12, 2015 By
The New York Times Magazine has published what might become a game-changer in the immigration courts crisis. Under the headline “The Shame of America’s Family Detention Camps,” the piece by Wil S. Hylton offers background that “…since the economic collapse of 2008, the number of undocumented immigrants coming from Mexico has plunged, while a surge of violence in Central America has brought a wave of migrants from Honduras, El Salvador and Guatemala. According to recent statistics from the Department of Homeland Security, the number of refugees fleeing Central America has doubled in the past year alone — with more than 61,000 “family units” crossing the U.S. border, as well as 51,000 unaccompanied children. For the first time, more people are coming to the United States from those countries than from Mexico, and they are coming not just for opportunity but for survival.”
 
He also notes that the Obama administration reversed its policy when the crisis hit, to a “draconian” approach. And the human and public policy misery that followed. It’s a milestone story in the history of U.S. family detention:
  
Filed Under: Border Kids, Community, National

CM Publisher Has HuffPo Piece On GOP Civil Tort Priorities

February 10, 2015 By
Courts Monitor Publisher Sara Warner has published a Huffington Post story with her take on recent developments involving the New York Assembly Speaker Sheldon Silver. She notes that “… the new Republican-controlled congress rolled up its sleeves and rolled out its agenda over the last week, and along with immigration and budget issues it turns out “asbestos litigation reform” is an apparent priority. The powerful House Judiciary Committee held a formal hearing in Washington in what amounts to a national campaign targeted at bankruptcy transparency – but fueled largely by both a landmark federal case out of North Carolina and the ongoing New York scandal involving the arrest of state assembly Speaker Sheldon Silver.”
 
Filed Under: Community, Courts Budget, National Tagged With: , , , ,

Bicyclist Hit By Truck Wins $34.5 Million In Jury Trial

February 10, 2015 By
A Los Angeles bicyclist, who suffered injuries including a lower leg amputation when he was hit by a big-rig truck making a right-hand turn, was awarded $34,555,220 after a personal injury trial.
 
His attorneys said that Alan Casillas, was 19 years old on the morning of Dec. 7, 2012 and was riding his bicycle to a friends’  house. They say that’s when a big rig drove over part of the sidewalk while making a right turn from Tweedy Boulevard to Alameda Street. They said the truck struck Casillas, knocking him from the bike and crushing his left leg, among other injuries.  [Read more…]
Filed Under: Cases, National Tagged With: , , , ,

In First, 2014 ‘OTM’ Out-Paced Mexican Immigrant Detention

January 19, 2015 By
For the first time, the OTM, or “other than Mexican,” immigration out-paced Mexican nationals apprehended at the U.S. Mexico during 2014, a Texas ABC News affiliate is reporting. Citing a Pew Research Center study, KRGV in the Rio Grande valley says that “… [in] 2014, the number of Mexican nationals detained was 229,000, compare to nearly 260,000 OTMs. A surge of Central American children made up a large part of the immigration picture last summer. The numbers are lower than in years past, but the open border raises many questions nationally and locally.”
 
The OTM designation offers a different path for would-be migrants, including an immigration court review before they can be sent back. The bigger numbers come as the U.S. faced a surge from Central American companies, especially among minor children seeking refuge here. The TV station speculates that “… it is possible immigration courts will be busy with thousands of people filing documents. In the next few weeks, it is possible those same courts will likely handle hundreds, possibly thousands, of cases involving new illegal immigrants.” The story outlines border issues involving social services, property insurance and other impacts. See it here.
Filed Under: Border Kids, Community, National Tagged With: , , , ,

Denver Case Foreshadows Immigration Showdowns

January 15, 2015 By
A new twist in civil immigration is emerging in Denver, as an immigrant is taking sanctuary in a church basement while protestors make his case an example of people trapped in the on-again, off-again immigration policy crated by President Obama’s executive actions and the resulting Republican opposition.
 
The Denver Post reports that Arturo Hernandez Garcia, who is in the United States without legal permission, has been living under sanctuary protection in the First Unitarian Society of Denver church. Jennifer Piper, who is with the Denver office of American Friends Service Committee, said he plans to remain in sanctuary until he can secure some relief. Meanwhile, on Tuesday, an immigration court refused to reopen Garcia’s case. His next steps are to apply for a legal stay to stop deportation and to apply for status under Obama’s orders.
 
About 40 of his supporters rallied outside the immigration court building in downtown Denver to protest the latest legal action in his case.On the same day, the House passed a Department of Homeland Security funding bill that contains amendments that would gut President Obama’s immigration reform measures. One amendment also would end the 3-year-old program that gives law-abiding immigrants brought to the country as children the right to work and to be free from the threat of deportation.
 
You can expect that immigrants, especially those with families including United States citizens, are going to repeat the Denver example. So stay tuned and check out the Post story here: Immigration vote sends chilling message to those facing deportation
Filed Under: Cases, Community, National Tagged With: , , , , , , , ,

High Court Backs Homeowners In Mortgage-Recession Row

January 13, 2015 By
The U.S. Supreme Court came down on the side of homeowners Tuesday, ruling in favor of mortgage-takers trying to back out of their deals as they accuse banks of failing to follow federal “truth in lending laws.” Reuters explains that “… on a 9-0 vote, the court handed a win to an Eagan, Minnesota couple, Larry and Cheryle Jesinoski, over the $611,000 loan they obtained in 2007 from Countrywide Home Loans Inc, now part of Bank of America Corp.”
 
More broadly, the ruling underscores that federal law “… allows consumers to rescind a mortgage for up to three years after it was made if the lender does not notify them of various details about the loan including finance charges and interest rates.”
 
The move could have significant implications for mortgage industry process and for homeowners who feel they were not notified of specific mortgage terms. Read the story here: UPDATE 1-U.S. Supreme Court rules for homeowners over mortgage dispute
Filed Under: Cases, Community, National Tagged With: , , ,

Court Admin. Salaries Under Fire With Audit

January 8, 2015 By
California’s court management blew $30 million over four years on what a state audit is calling “questionable” expenses and salaries. The audit is sure to become an issue as the state heads into budget season with court leadership seeking to replace some $1 billion of recent-years cuts.
 
Chief Justice Tani Cantil-Sakauye (Photo: California Courts)

Chief Justice Tani Cantil-Sakauye (Photo: California Courts)

The audit was ordered by the state Legislature as part of the back-and-forth with court supporters who seek more funding. Some lawmakers have argued that the court administrators are not taking care of the purse strings. The debate has at least brought a re-branding: the Judicial Council, the policymaking arm of the courts, was previously called the Administrative Office of the Courts, or the AOC.
 
The Los Angeles Times reflected the tone of how the report is being received, reporting that “… auditors found the administrative office paid eight of its nine office directors more than $179,000 a year, which is higher than the salary for the governor and his top administration staff” and that a manager “… hired three months ago to run the San Francisco-based 800-employee agency, is the top earner, witan annual salary of $227,000. The governor earns $177,000 a year, less than the justices he appoints to serve on the California Supreme Court and less than is earned by some county court administrators.”
 
Filed Under: Cases, Courts Budget, National Tagged With: , , , , , ,

Newsweek Notes ‘Civil Gideon’ In Eviction Issue

January 7, 2015 By
If 2015 is going to be the “Tipping Point” year for civil Gideon in the United States, then stories like a recent Newsweek report are going to play an important role. Writer Victoria Bekiempis calls the right to council in eviction proceedings “another civil rights movement… quietly gaining momentum.”
 
Some key points in her report: In New York City, some 90 percent of tenants in housing court don’t have attorneys while about 90 percent of landlords do; about one-third of persons in NYC homeless shelters arrive immediately after an eviction; some 30,000 families were evicted last year; each bed in a New York City homeless shelter costs $36,000 annually, experts say, while it would cost $1,600 to $3,200 to represent a client in housing court.
 
Bekiempis’ story is the sort of year-starter that gets picked up (like, say, we’re doing now) and includes important resources for anyone interested in how justice gets rationed. For civil Gideon fans, it’s already required reading, and you can find it here: Housing: The Other Civil Rights Movement.
Filed Under: Cases, Community, National Tagged With: , , , , , , , ,

Roberts Promises Supreme Court E-filing

January 6, 2015 By
U.S. Chief Justice Robert’s annual “state of the judiciary” report has brought the usual level of yawn, but his comments on court tech did catch some media. A good example is from The Washington Post, which noted that “… there is, in fact, a nugget of newsy news in Roberts’s“2014 Year-End Report on the Federal Judiciary”: The Supreme Court will bypass the federal judiciary’s somewhat troubled electronic case-filing system in favor of its own, expected to come in 2016. But the chief justice’s accounting is perhaps most useful for what, with a bit of between-the-lines reading, it reveals about why, he admits, ‘the courts will often choose to be late to the harvest of American ingenuity.'”
 
It’s not all that encouraging for anyone hoping the nation’s highest court would become more transparent, especially since issues like cameras in the courtroom seem far, far away.
 
Filed Under: Cases, National Tagged With: , , , , ,

Immigration Judicial Complaints Remain Cloaked

December 30, 2014 By
A federal judge has ruled that identities of Immigration Court judges targeted by misconduct complaints can remain secret, including information like gender and even location of the court. The National Law Journal reports that “… the immigration office disclosed 16,000 pages associated with 767 complaints in the lawsuit, filed by the American Immigration Lawyers Association (AILA) in June 2013. The government released nonconfidential information from substantiated and unsubstantiated complaints. The names of individual judges were redacted.”
 
The government argued the public release of the judges’ names and other identifying information would infringe privacy interests. U.S. District Judge Christopher Cooper agreed, pointing out that the judges are career civil service employees and have privacy rights associated with that standing. That is a reference to Immigration Court judges not being “judges” in the typical sense, but are actually employees of the Justice Department.
 
 
Filed Under: Border Kids, Community, Courts Budget, National Tagged With: , , , , , , , , ,
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