Items filtered by date: Saturday, 15 July 2017

Supreme Court To Rehear Case On Immigrant Detention

By Attorneys Michael Bhotiwihok and Nancy E. Miller

In the Fall of 2017, the United States Supreme Court will rehear arguments on the constitutionality of immigrant detention presented in Jennings v. Rodriguez. (“Rodriguez”) This case raises fundamental questions about freedom and due process for detained immigrants, including includes green card holders and asylum seekers, in the United States.
Because of the issuance of the January 25, 2017 Trump Administration Executive Order on Border Security and Immigration Enforcement Improvements, the Rodriquez’ case outcome has potentially dire consequences for immigrant detainees. The end of the “catch and release” practice policy makes it more likely that immigrants – including those lawfully here – will be detained for immigration violations. With the Trump Administration’s intention to utilize detention as a tool for immigration enforcement, immigrants are also more likely to be denied a bond hearing.
A bond hearing is a basic, guaranteed principle of procedural due process which is found in the United States Constitution; however, many immigrant detainees are routinely denied this fundamental right.
Authority to set bonds for immigrant detainees is shared between the Department of Homeland Security (“DHS”) and Immigration Judges. The initial determination is whether the non-citizen is subject to mandatory detention. After DHS makes this initial custody determination, an immigrant detainee can generally renew the bond hearing request to an Immigration Judge. At both the bond hearing before DHS and that before the Immigration Judge, the immigrant detainee must show that he is not a flight risk or danger to the community to be released.
However, not all immigrants are eligible for release from detention. An immigrant detainee’s immigration status and/or criminal record may subject him to mandatory detention. The Immigration and Nationality Act requires DHS to take immigrants into custody and hold them without bond if convicted of certain removable offenses and released from jail after October 8, 1998. Mandatory detention generally applies to immigrants convicted of two crimes involving moral turpitude, an aggravated felony, a controlled substance offense, or a firearms offense. Once mandatory detention is established, the immigrant detainee remains in custody until the conclusion of his case before the Immigration Judge.
Rodriguez is a class action lawsuit that involves immigrant detainees subject to prolonged detention without a bond hearing. Rodriguez seeks to establish the procedural due process right to a bond hearing for immigrant detainees in DHS custody for six months or more.
In September 2012, the United States District Court, Central District of California issued a preliminary injunction ordering bond hearings for all mandatory detainees and detained asylum seekers who were detained for at least six months. In August 2013, the Ninth Circuit Court of Appeals made the previously issued order permanent, thereby establishing that a bond hearing be provided automatically to any detainee held in custody for more than six months
Normally, bond hearings are held immediately after a detainee is taken into DHS custody. However, immigrant detainees subject to mandatory detention have very limited eligibility for release from custody. And it is the non-citizen’s burden to prove that he is eligible for release and is not a flight risk or a danger to the community.
At a Rodriguez Bond Hearing, the burden is on DHS and not the immigrant detainee. DHS must prove by clear and convincing evidence that continuing to detain the immigrant is justified based on his risk of flight or danger to the community. Otherwise, the Immigration Judge must release the immigrant detainee on reasonable conditions of supervision.
The Obama Administration appealed the Ninth Circuit decision to the Supreme Court. In November 2016, Rodriguez was argued before the Supreme Court, months before Justice Neil Gorsuch filled the seat vacated by the death of the late Justice Antonin Scalia. The Supreme Court requested supplemental briefings after oral argument, however it decided to rehear arguments in the Fall of 2017. Justice Gorsuch could not vote on a case where he had not heard oral argument. It is suspected that the vote was evenly split between the eight justices and that the rehearing was necessary to reach a majority decision.
For immigrant detainees, the Rodriguez case is monumental because no person in the United States should be detained for prolonged periods of time without a hearing to determine if his detention is justified. An automatic bond hearing provides the detainee with the potential of release from custody and reunification with family members. Above all, Rodriguez ensures that justice is fairly applied through procedural due process to immigrant detainees.
An immigrant-detainee or family-member should consult with a knowledgeable and experienced immigration attorney to determine whether he is eligible for release from custody under Rodriguez or some other grounds.

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Valuable medical pearls for health

Losing weight on a diet that is high in fat is dangerous for overall health. The risk of coronary heart disease has been found to be significantly increased among those individuals who stayed on a high protein red meat diet to lose weight. While these subjects became slimmer, their cholesterol levels were high, leading to a higher rate of heart attacks. The object of dieting is not only to maintain a normal weight but to be healthier all around. Nothing beats abstinence from red meat and eggs (eating only fish, vegetable, fruit, high-fiber is healthier), combined with daily exercise, abstinence from tobacco, and disciplined alcohol intake is the best formula for maintaining good health.

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Persons getting a flu shot to prevent influenza may even experience an added benefit from it. Studies have shown that flu vaccination appears to be associated with a reduced risk of stroke, especially among those who are 60-75 years old.

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Soft drinks, in whatever form, cola or uncola, caffeinated of decaf, diet or regular, are all toxic to our body, especially to children. This beverage harms our DNA in the long run and increases the risk for the development of metabolic syndrome. There is no healthier substitute for fresh, filtered, clean water, which is also less expensive.

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Forget all old worries and past problems, if you want your blood pressure not to shoot up. It is a medical fact that recalling previous sad or morbid events, or emotional trauma, raises the blood pressure during the moment of recollection. If these spikes in blood pressure happen often, they could adversely affect the heart. All of us should let go of these painful experiences of the past and not dwell on them. Life ahead of us is so precious we ought to leave our miserable baggage behind and have a more positive outlook, at the same time protect our heart.

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If you love tuna, which is a good fish, it is better to eat canned light tuna and not the giant albacore because its mercury content is much lower than fresh or frozen tuna. Short-lived and younger tuna is used for canning. Giant fish in general have higher mercury content.

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You do not really have to run or jog for health. Brisk walking can lower the incidence of heart disease by 18%, as effectively as any of those more vigorous exercises, minus the injuries attendant to them. Minimal impact exercises are better for our joints.

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Oil of oregano: an “antibiotic”? It seems so, to a certain extent, anyway. It has been found that oil of oregano, which is used in salad dressing and for cooking, reduces harmful food pathogens. This oil has been found to inhibit E. Coli and Listeria monocytogenes.

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Mustard is a popular condiment, used in a variety ways, especially with hotdogs. The compound that imparts yellow color in mustard is curcumin, component of tumeric spice, and curcumin has been found to slow down the progression of cancer. All spices are potent antioxidant that lower the risk for cancer development.

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Vegetables of all colors and types reduce cancer risk and boost the immune system. Also a cancer inhibitor is raspberry, actually ALL berries, because of their content, ellagic acid, a cancer-inhibitor. Make sur to wash vegetables, berries, and other fresh food items before consuming them to cleanse them of any contamination, bacteria, fungal, or chemicals.

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Which cooking oil is the best for us? Here is a list of the most commonly found ones on the grocery shelves, including the calories (Cal), fat contents in grams (F), saturated fat in grams (SF), cholesterol (Ch), per tablespoonful: Canola Cal-121, F-13.6, SF-1; Coconut Cal-118, F-13.6, SF-11.8; Corn Cal-121, F-13.6, SF-1.7; Olive Cal-119, F-13.5, SF-1.8; Peanut Cal-119, F- 13.5, SF- 2.3; Soybean 121, F- 13.6, SF-2.0; Palm Cal-121, F-13.6, SF-6.7. All of these have zero cholesterol and sodium. Virgin olive oil and canola have the lowest saturated fat content, and coconut, the highest. One coconut has about 1349 calories and 127.7 grams of fat, 113 saturated fats and 76 mg of sodium. Eating a lot of coconut oil or food items made of, or with, coconut, is not really healthy. Our choice for cooking oil is, of course, virgin olive oil, canola, second.
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One can of beer, one 4-ounce glass of wine or one shot of whiskey reduced the incidence of heart attack, according to the American Cancer Society. The same benefit was found with ingesting 2, 3, or 6 drinks. But at one drink the cancer rate and over-all death rate was lower. At two drinks, the prevalence of cancer and death rate are the same as among non-drinkers, and both total death and heart death are lower. At 3 drinks, the cancer death rate is higher. At four drinks, total death and cancer death are both higher.

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Homocysteine is a substance within our body that is implicated in the development of arteriosclerosis (hardening of the artery), leading to blockages in the carotid (causing stroke) and coronary arteries (causing heart attack), including the aorta in the chest and abdomen (causing aneurysm/ rupture and bleeding), and arteries in the legs (causing gangrene). The Framingham studies showed that the more elevated the level of homocysteine in the patient, the higher the finding of blockages in carotid and coronary arteries. Those with low folate (folic acid) to metabolize the harmful homocysteine have 3 times higher risk of developing heart attack. Folic acid in B complex vitamin is prescribed to these patients. This substance is found in green leafy vegetables, like spinach, lettuce, chard, whole grains, yeast, peanuts, wheat germ and dry beans.

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Is genetic a more important factor than diet in the development of coronary heart disease/heart attack? Familial hyperlipidemia (super high serum cholesterol due to a genetic defect) is seen in one in 500 persons. Except for this type of individuals, and all “unhealthy habits” (smoking, inadequate, or lack of, daily exercise) remaining equal, diet is a very significant factor in the causation of coronary heart disease. It has been shown that even if the parents had coronary heart disease, the children did not necessarily develop the disease, if these offspring lived a healthier lifestyle than their elders. Keeping the cholesterol level low by minimizing red meat and eggs intake, and concentrating on fish, vegetables, fruits, hi-fiber diet, coupled with abstinence from cigarettes, minimal alcohol use, doing daily exercises, properly treating high blood pressure and or diabetes, if present, is the best strategy to ward off coronary heart disease/heart attack and stroke. The caveat: simply because we cannot choose our parents, does not mean we are trapped in this genetic dilemma, and, therefore, are hopeless. Far from it. If we are disciplined enough to live a healthier lifestyle than our parents did, we can outsmart those particular defective genes they gave us.

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Filipina Candidate for Seattle Port Commissioner Visits Bay Area

On July 19, 2017, Frontier Tech Talk is holding its first panel discussion of the summer, Driving Innovation and Reach.  This one is about the space race.  The event will take place from 6pm to 8:30pm at the Burlingame offices of law firm Carr-McClellan at 216 Park Road.  For tickets, please go to https://eventbrite.com/e/frontier-tech-talk-driving-innovation-and-reach-tickets-35988186635 or do an internet search for “Frontier Tech Talk July 19”.  Philippine-focused STAC, short for Science and Technology Advisory Council, and Carr-McClellan are co-sponsoring the event.
 
The guest speakers include Bea Querido-Rico and Emeline Paat-Dahlstrom.  Of course, I have to mention this detail:  both Bea and Emeline are Filipinas.
 
Paat-Dahlstrom, flying back to the Bay Area from her current base in New Zealand, has been active in the space-focused start up world, consulting and working for startups involved in developing commercial transport to the Moon.  She will speak about her efforts in engaging emerging countries in space.
 
Querido-Rico is an engineer by training and served most recently as program manager for the Port of Seattle, having worked previously at Boeing and Lockheed Martin, among other places.  She received a Masters from the MIT-Zaragoza International Logistics Program.  Querido-Rico left her position at the Port of Seattle in May of 2017 to run for the position of Port Commissioner.
 
What does the Port of Seattle do, you may wonder.  On those rare Seattle days when heavy precipitation is not obscuring your vision (or spirits), you may notice the vast corrugated coastline in and around the city, home to harbors and ports, marinas and fishermens’ terminals.  The Port of Seattle runs these as well as the Seattle-Tacoma International Airport.  There is a gap, so goes the argument from parties close to the candidate, between the Port’s current development efforts and the local aerospace industry that is 1300 strong in the Seattle area. Querido-Rico proposes to bridge this gap between the government’s imagination and the vision of private industry.  She has begun to gain support from space venture capitalists as a result.
 
Work on space-focused businesses has been underway for quite some time.  Indeed, Elon Musk’s SpaceX, with its ambitions of putting man on Mars, has been busy launching satellites into orbit, a more practical pursuit it doesn’t advertise.  However, impediments to prolific space travel still exist.  Shocking, right?  Not the least issue is radiation poisoning.  Without the protection given to us by the Earth’s atmosphere, prolonged exposure to the Sun’s rays on the Moon or Mars may result in radiation exposure that has not yet been understood.  The same is true for repeated trips to and from these destinations.  Another issue is the long-term effects of zero gravity, which can deteriorate muscle mass and bone density.
 
None of these would be deal killers, though, not for me.  If presented with an opportunity to visit the Moon on a short trip, particularly if I’m allowed to bring my pogo stick, I would sign the waiver.  Hopefully, these matters and more will be covered on Wednesday.  So please get your tickets and please support Bea Querido-Rico in her political ambitions.  We don’t have enough Filipinos in office in the United States.  We really don’t.
 
 
Querido-Rico’s web page is rockitbea.com and she has a crowdfunding website at https://www.freefunder.com/campaign/for-a-progressive-port.  I just made a donation and the website gave me this link to share http://ffnd.co/yW25xU.  To quote Lin-Manuel Miranda, a thing I do in almost every column, “leave it to the immigrants, they’ll get the job done.”
 
 
 
 
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Is Estelito Mendoza joining Marcos' legal team for his election case?

The Supreme Court (SC), sitting as the Presidential Electoral Tribunal (PET), earlier conducted the preliminary conference for the election protest that former senator Ferdinand Marcos Jr filed against Vice President Leni Robredo.
Marcos himself attended the conference, along with another surprising addition to his team – veteran lawyer Estelito Mendoza.
Marcos' lead counsel George Garcia said Mendoza sought to be recognized as a "collaborating counsel" but he was not able to participate because he wasn't part of the formal entry of appearance.
While Mendoza is not yet officially part of the team, Garcia said the veteran lawyer's "wisdom" would help them with the case against Robredo.
"There were talks that he would be part of the team. We have yet to know in our next meeting," said Garcia in Filipino.
"His wisdom [would be a big help] kasi napakagaling na lawyer, na-ga-guide kami (because he's a brilliant lawyer who can guide us). Siya ay sanay na sanay (He's used to) dealing with the Supreme Court."
Mendoza is known for his close ties to the Marcoses. He served as solicitor-general under the late dictator Ferdinand Marcos from 1972 to 1986. He was also the lawyer of the Marcos couple when they were facing charges over their ill-gotten wealth.
Recently, Mendoza also managed to help 6 detained Ilocos Norte officials secure a ruling from the Court of Appeals (CA) for their provisional release.
The 6 provincial officials, however, remain under the custody of the House of Representatives, which has refused to recognize the CA ruling. They had been detained over their refusal to answer questions on Ilocos Norte Governor Imee Marcos' alleged misuse of P66.45 million in tobacco funds.
Former senator Marcos and his lawyers expressed confidence after the PET conducted the preliminary conference, saying it appears that the recount of votes would proceed.
Will Mendoza officially join Marcos' legal team? – Rappler.com

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China sets eyes on Filipino English teachers

BEIJING -- If things work according to plan, more professional English Filipino teachers are expected to flood China in the very near future.
"China is now planning to open opportunities for Filipinos, legitimate employment, as English teachers," Philippine Ambassador to China Jose Santiago Sta. Romana said in an interview with Filipino journalists in Beijing last Tuesday night.
At present, Sta. Romana said there are already Filipinos teaching English language in China but most of them teach only at the nursery, primary and elementary level.
Sta. Romana said China is planning to expand the definition of native English-speaking countries when it comes to hiring of foreign English teachers.
"Before the concentration was only on the native English speaking countries. What gave us opening is they said native speaking countries and countries colonized by these native English speaking countries. So that applies to us. The Philippines was colonized by the Americans so English was taught and spoken widely," he explained.
He said the Chinese education officials are now coordinating with their counterparts in the Philippines’ Department of Education (DepEd) and Commission on Higher Education (CHED) with regards to the qualification of the English Filipino teachers who can work in China.
"They are laying the ground work. As long as you have qualification, meaning college degrees particularly in teaching English, not only in elementary and high school but also in university. You have to have competitive degree," the envoy said.
Sta. Romana said China has expressed willingness to hire Filipino teachers but DepEd as well as CHED must cooperate with their Chinese counterparts to expedite the plan.
"Talks are underway and Chinese are conducting studies on how to handle with this. They are asking their counterpart agencies from the Philippines," he said.
The ambassador has attributed China’s interest to the Filipino teachers to the renewed China-Philippines relations under President Rodrigo Duterte’s administration.
"That is part of it. In a sense, what they are trying to do is how, to the basic approach, to help out the Philippines development like in infrastructures, investment, trade and also labor opportunities," he said.
Sta. Romana said is hoping that China’s plan to expand hiring of foreign English teachers from the Philippines will be implemented within President Duterte’s term that will end in 2022.
The Philippine embassy could not give the exact number of Filipino teachers working in China but out of 344,727 Filipinos in China, 13,991 are in mainland while 208,266 are in Hongkong, 93,896 in Taiwan and 28,574 in Macao.
In China, a Filipino teacher is receiving a basic monthly salary of RMB5,000 to 8,000 (P35,000 to P56,000) for those working in training schools.
"In public and private schools, they give higher salaries. Like the Canadian Program which pays teacher RMB20,000 to 30,000 (P140,000 to P210,000) depending on your experience and load," a Filipina teacher, who requested anonymity, told the Philippines News Agency. -- PNA

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When hope fights back amid conflict in Marawi

By Jayeel Serrano Cornelio

Fear is terrorism's greatest asset. Its workmanship is the disruption of everyday life. Only through disruption can terrorism achieve its ultimate end, whether religious, political, or economic.
Not everyone can of course take up arms to fight back. And so there are those for whom fighting back takes on a different form.
Consider the Young Moro Professionals Network. Its members have released a public statement that not only denounces atrocities carried out in the name of Islam. They are convinced that the values of Islam are "justice, care for humanity, mercy and compassion, and religious tolerance."
To them these virtues run counter to the acts of violence against the people of Marawi. They are thus inspired by how "Muslims and non-Muslims [are] protecting and helping each other during this crisis."
Along similar lines, the Moro Islamic Liberation Front (MILF) has fully supported the fatwaof mufti Sheik Abehuraira Abdulrahman Udasan "against the entry and spread of violent radicalism or extremism." MILF, the government's partner in the Bangsamoro peace process, believes that religious violence "has no basis in any of the teachings of Islam."
Countering radicalization
The statements above matter if only to correct the radicalization that affects even many young people in Mindanao. Radicalization is the process in which violence against other people becomes a religiously justified act. There are many pathways to radicalization but religious ideas are quite powerful in shaping a person's cognitive and emotional commitment to violence. Training them for battle and socializing them into a violent worldview explains why the Maute Group has deliberately recruited children to become their soldiers.
These statements are, at the same time, important for everybody else. Public perception of Islam is divided as to whether it is responsible for the spread of religious violence. In fact, I have met a few otherwise nice people who harbor ill-informed views about Islam and its followers. To them all Muslims have the propensity to be violent because violence is inherent to Islam. They do not realize that Islam, which means submission, and salam, which means peace, are linguistically related to each other.
In a sense then, surrendering to the will of God brings about peace. This is why the violence many of us associate with Islam is in fact anomalous theologically and empirically.

Redemptive hope
Alongside these powerful statements are inspiring moments that render undeniable hope in the midst of crisis.
When I arrived at MSU-IIT last month, the first ones I met were sociology students from the Marawi campus of Mindanao State University. Many of the students in Marawi are Muslim. The ones I met were in the college dean's office to defend their undergraduate theses. This was, to them, their own way of fighting back and their professors, some of whom are my friends, were not going to let them down. They were all in Iligan to see them through it all.
Let me tell too the story of a DSWD [Department of Social Welfare and Development] coordinator in one of the evacuation centers in Iligan. A Maranao, she oversees its daily operations. She has admitted to me that she, herself, is among the internally displaced. Some relatives have taken her and two of her children in. But two others have been separated from her because there is simply not enough space. She is no longer sure about the condition of her house in Marawi. In spite of all these uncertainties, she has chosen to devote her time to help other evacuees. And she remains upbeat about the future.
Finally, we have Mubarak Macabanding Paingco. He is the first Muslim to graduate summa cum laude – and the only one at MSU-IIT. He is this year's valedictorian. During his valedictory address, he recounted his moving story about losing his mother at an early age. That he was holding back his tears made it difficult for him to finish his speech. He dedicated it to her and those who have been affected by the conflict in Marawi. Many of IIT's students and staff are Maranao.
There are certainly many other hopeful stories. But the parallelism is striking. Violence may have become the new normal but people are not letting it get in the way of their lives.
Fighting back
In the hostel where I am staying for the duration of my visiting professorship at MSU-IIT, I interacted with a young Maranao couple who evacuated from Marawi. They say in the strongest terms possible what I have also heard from other Maranao friends: Ipinahihiya ng Maute ang dangal naming lahat. (The Mautes are a disgrace to our dignity.)
But they are still full of hope about the future of their young family. This again shows how people are fighting back.
Hope in this light redeems not just the future but the present too.
In other words, foresight grounded in present reality can be empowering. It believes that people can fight back. The sociologist Les Back describes it in this manner: "Hope is not a destination; it is perhaps an improvisation with a future not yet realized."
Hope therefore is not just a fantasy. But it does not on its own spring eternal. To hope is a conscious effort among people of goodwill.
And because some people have already chosen goodwill, hope, we shall see, will stand the test of time.
The least that the rest of us could offer them, apart from our donations, is to believe in them. – Rappler.com
Jayeel Serrano Cornelio, PhD is a visiting professor at the Department of Sociology at MSU-IIT. The National Academy of Science and Technology has named him the 2017 Outstanding Young Scientist in the field of sociology. Follow him on Twitter @jayeel_cornelio.

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