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Judge, calm in court, takes hard line on splitting families
Lawyer Blog Updates |
2018/07/23 23:48
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U.S. District Judge Dana Sabraw appeared conflicted in early May on whether to stop families from being separated at the border. He challenged the Trump administration to explain how families were getting a fair hearing guaranteed by the Constitution, but also expressed reluctance to get too deeply involved with immigration enforcement.
"There are so many (enforcement) decisions that have to be made, and each one is individual," he said in his calm, almost monotone voice. "How can the court issue such a blanket, overarching order telling the attorney general, either release or detain (families) together?"
Sabraw showed how more than seven weeks later in a blistering opinion faulting the administration and its "zero tolerance" policy for a "crisis" of its own making. He went well beyond the American Civil Liberties Union's initial request to halt family separation — which President Donald Trump effectively did on his own amid a backlash — by imposing a deadline of this Thursday to reunify more than 2,500 children with their families.
Unyielding insistence on meeting his deadline, displayed in a string of hearings he ordered for updates, has made the San Diego jurist a central figure in a drama that has captivated international audiences with emotional accounts of toddlers and teens being torn from their parents.
Circumstances changed dramatically after the ACLU sued the government in March on behalf of a Congolese woman and a Brazilian woman who were split from their children. Three days after the May hearing, U.S. Attorney General Jeff Sessions announced the zero tolerance policy on illegal entry was in full effect, leading to the separation of more than 2,300 children in five weeks. |
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Feds say ex-firm of Stormy Daniels' lawyer owes unpaid taxes
Lawyer Blog Updates |
2018/07/05 16:38
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The Justice Department says Stormy Daniels' lawyer, Michael Avenatti, made "misrepresentations" in a bankruptcy case involving his former law firm that owes more than $440,000 in unpaid federal taxes.
Avenatti's former firm, Eagan Avenatti LLP, had agreed in January to pay about $2.4 million in back taxes and penalties as part of a resolution of a bankruptcy case involving the firm.
Court documents show some of the money was paid, but attorneys for the government said in May that the firm still owed a portion of the unpaid tax money.
On Tuesday, the U.S. attorney's office in Los Angeles filed a motion asking a federal judge to compel the payment of $440,291 in unpaid taxes and more than $11,700 in interest. Lawyers from the U.S. attorney's office represent the government in bankruptcy court when there's a debt to a government agency, like back taxes or unpaid student loans.
Avenatti, who has garnered national attention as the attorney for Daniels, the porn actress who is suing President Donald Trump following an alleged 2006 affair, said Wednesday that the court filing was "part of a smear campaign" and stressed that he doesn't personally owe any of the money. |
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Trump admin. asks high court to halt sanctuary cities ruling
Lawyer Blog Updates |
2018/06/18 10:52
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The Trump administration is asking the Supreme Court to allow it to largely implement a policy of withholding public safety grants from "sanctuary cities" that refuse to cooperate with President Donald Trump's immigration enforcement policies.
The Trump administration filed a brief Monday asking Justice Elena Kagan to limit a lower court ruling against the administration to Chicago, which sued. A three-judge panel of the 7th U.S. Circuit Court of Appeals ruled against the government in April, keeping in place a lower court's nationwide ruling preventing the Trump administration from implementing its grant requirements.
The administration wants the ruling narrowed to Chicago as the case proceeds before the entire appeals court and possibly to the Supreme Court. Nationwide rulings by individual federal judges have been a recurring frustration for the administration. |
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Court program in Dona Ana County focuses on veterans
Lawyer Blog Updates |
2018/05/02 16:49
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A new court program has opened in Dona Ana County that focuses on the substance abuse and mental health issues facing military veterans who have been charged with non-violent crimes.
Las Cruces Sun-News reports that the first hearing in the 3rd Judicial District Court's Veterans Treatment Court program was held on Wednesday.
It's the first veterans court program in southern New Mexico
The judicial district already has other "problem-solving courts," such as a drug court for juveniles and adults that tries to help rehabilitate repeat offenders whose offenses are driven by substance abuse.
Veterans participating in the new program will be given individualized treatment and counseling programs that run an average of 14 months or longer.
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Czech court: Attacker on Petra Kvitova taken into custody
Lawyer Blog Updates |
2018/04/28 16:49
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A Czech Republic court has ruled a suspect in a knife attack on two-time Wimbledon champion Petra Kvitova be taken into custody.
Zuzana Buresova, a spokesperson for the county court in the city of Prostejov, says the court issued the ruling on Thursday. Buresova declined to give any further details.
Police have not commented yet, and declined to confirm the man's arrest, citing an ongoing investigation.
After the attack in her home in Prostejov in December 2016, Kvitova had surgery on injuries to her playing left hand.
It took her more than five months to recover.
In a message to local media from Paris, where she is getting ready for the French Open, Kvitova called it "good news."
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