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Chinese scientist charged with visa fraud appears in court
Law News | 2020/07/25 08:53
A Chinese scientist charged with visa fraud after authorities said she concealed her military ties to China in order to work in the U.S. made her first appearance Monday in federal court by video.

Juan Tang, 37, was appointed a federal public defender and U.S. Magistrate Judge Deborah Barnes ordered Tang to remain in custody, saying she is a flight risk, while her attorney prepares an argument to allow her release on bail.

The Justice Department last week announced charges against Tang and three other scientists living in the U.S., saying they lied about their status as members of China’s People’s Liberation Army. All were charged with visa fraud.

Prosecutors said Tang lied about her military ties in a visa application last October as she prepared to work at the University of California, Davis and again during an FBI interview in June. Agents found photos of Tang dressed in military uniform and reviewed articles in China identifying her military affiliation, prosecutors said.

Prosecutors said Tang sought refuge at the Chinese consulate in San Francisco after speaking with agents in June. U.S. marshals arrested her Friday and booked her into Sacramento County Jail, where she remains.

Heather Williams, a federal defender, said its common practice for people to seek help from their consulate when dealing with law enforcement abroad, and doing so did not make Tang guilty of anything, she said. Williams added that U.S. agents took Tang's passport, forcing her young daughter to travel to China alone.


Court rejects Trump bid to end young immigrants’ protections
Law News | 2020/06/20 10:22
The Supreme Court on Thursday rejected President Donald Trump’s effort to end legal protections for 650,000 young immigrants, the second stunning election-season rebuke from the court in a week after its ruling that it’s illegal to fire people because they’re gay or transgender.

Immigrants who are part of the 8-year-old Deferred Action for Childhood Arrivals Program will retain their protection from deportation and their authorization to work in the United States ? safe almost certainly at least through the November election, immigration experts said.

The 5-4 outcome, in which Chief Justice John Roberts and the four liberal justices were in the majority, seems certain to elevate the issue in Trump’s campaign, given the anti-immigrant rhetoric of his first presidential run in 2016 and immigration restrictions his administration has imposed since then.

The justices said the administration did not take the proper steps to end DACA, rejecting arguments that the program is illegal and that courts have no role to play in reviewing the decision to end it. The program covers people who have been in the United States since they were children and are in the country illegally. In some cases, they have no memory of any home other than the U.S.


Meghan's privacy case against tabloid heard at UK Court
Law News | 2020/04/23 13:28
A preliminary hearing opened Friday at Britain’s High Court in the Duchess of Sussex’s legal action against a British newspaper that published what she describes as a “private and confidential” letter she wrote to her father.

Meghan is suing the Mail on Sunday and its parent company, Associated Newspapers, for publishing parts of an August 2018 letter she wrote to Thomas Markle. The civil lawsuit accuses the newspaper of copyright infringement, misuse of private information and violating the U.K.’s data protection law.

Associated Newspapers published sections of the letter in February last year. It denies the allegations — particularly the claim that the letter was presented in a way that changed its meaning. Lawyers for Associated Newspapers want the court to strike out parts of Meghan’s case ahead of a full trial, arguing that allegations of “dishonesty and malicious intent” should not form part of her case.

As the hearing opened via video conferencing, Anthony White, a lawyer representing the publisher, told the judge that lawyers for Meghan had made “further assertions of improper, deliberate conduct,” and that she accused the publisher of “harassing, humiliating, manipulating and exploiting” Thomas Markle.

White rejected the duchess’s allegations that the publisher had deliberately sought to “manufacture or stoke a family dispute for the sake of having a good story or stories to publish.” He said this was “irrelevant to the claim for misuse of private information”, and asked the judge to strike out that allegation.


Justices return for season of big decisions, amid campaign
Law News | 2020/02/19 13:48
For a Supreme Court that says it has an allergy to politics, the next few months might require a lot of tissues.

The court is poised to issue campaign-season decisions in the full bloom of spring in cases dealing with President Donald Trump’s tax and other financial records, abortion, LGBT rights, immigration, guns, church-state relations and the environment.

The bumper crop of political hot potatoes on the court’s agenda will test Chief Justice John Roberts’ insistence that the public should not view the court as just another political institution.

“It’s interesting that all of this is coming together in an election year. The chief justice has made it clear that people should view the court as a nonpolitical branch of government and people tend to have the opposite view when they see these big cases,” said Sarah Harrington, who has argued 21 cases in front of the high court.

The justices are gathering on Friday for the first time in nearly a month to put the finishing touches on opinions in cases that were argued in the fall and decide what new cases to take on. Most prominent among the possibilities is the latest dispute over the Obama-era health care overhaul.


DeSantis picks female Cuban-American for state's high court
Law News | 2019/01/07 17:49
female Cuban-American appellate judge to become the state's newest justice. Barbara Lagoa, for the past 12 years a judge on the 3rd District Court of Appeal in Miami, was introduced by DeSantis at an event at Miami's Freedom Tower. The site is highly symbolic for Cuban-Americans because so many immigrants who fled the communist reign of Cuban leader Fidel Castro were processed into the U.S. through that building.

"In the country my parents fled, the whim of a single individual could mean the difference between food and hunger, liberty or prison, life or death," Lagoa said. "Unlike the country my parents fled, we are a nation of laws."

DeSantis, who just took office on Tuesday, said Lagoa, 51, has an impeccable judicial background and that her Cuban-American upbringing gives her extra appreciation for the rule of law. He noted that she has considered more than 11,000 cases and written 470 legal opinions.

"She has been the essence of what a judge should be" the governor said. "She understands the rule of law, how important that is to a society."

Lagoa, who grew up in the heavily Cuban-American suburb of Hialeah, attended Florida International University and Columbia University law school where she was associate editor of the Columbia Law Review. She also is a former federal prosecutor in Miami. Her father-in-law is Miami senior U.S. District Judge Paul C. Huck and her husband, Paul C. Huck Jr., is a prominent Miami attorney.


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