Thursday, September 09, 2010
Legal Matters
AUGUST 26, 2010 marks the 90th anniversary of the passage and ratification of the 19th Amendment to the Constitution guaranteeing a woman's right to vote. It simply states, "The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any state on account of sex." On a hot August day in 1920, a 24-year-old Tennessee House of Representative listened to an issue that has been simmering since well before the Civil War-woman suffrage. The movement had...
RUMORS abound in immigration law. Sometimes the rumors raise the noncitizen's hopes beyond all expectation. Sometimes, they cause the immigrant to sink to the depths of despair. Regardless of the emotional reaction, it is imperative that the immigrant realize that, first and foremost, they are dealing with rumors. Rumor is defined as a currently circulating story or report of unverified or doubtful truth. The key here is unverified or doubtful truth. In other words, the story may not be true. If...
ON August 23, 2010, we completed a 500-page book on ineffective assistance of counsel in removal (deportation) proceedings. It took more than one year. If we did not practice immigration law during the day, sell real estate during week-ends, and spent less time looking at the bathing beauties at the beach, the book might have been completed in less than 6 months. It will first be published as a series of legal annotations by the world's largest legal publisher, Thomson Reuters. We read and analy...
I WAS thinking of a Biblical verse for this column. The closest was the story of the Good Samaritan (from Samaria, not Samar) who saw a wounded victim of thieves, whom others had passed by without helping, and he stopped, bandaged his wounds, and brought him to an inn, telling the innkeeper to care for him and he would repay him when he returned. Luke 10:29-37. But the verse didn't seem appropriate because the wounded man was not an illegal alien, the Samaritan brought him to Jericho, not Americ...
IT is one thing to obtain an order; it is another to enforce it. In this article, I will focus on support orders (child and spousal). But the mechanism of enforcing orders by contempt is available in other money judgments. A party who is subject to a valid order, has knowledge of the order, and willfully fails to comply with that order is subject to contempt proceedings and the statutory penalties. Contempt is available in both the criminal and civil arena. However, a contempt proceeding is crim...
HONG KONG — The Hong Kong government August 23 lamented the "tragedy" of a dramatic hostage siege in the Philippine capital which left at least eight Hong Kong tourists dead. Hong Kong issued its highest level travel alert following the standoff, which unfolded live on television around the world, warning its citizens to avoid going to the Philippines. The city's Chief Executive Donald Tsang said he was saddened by the incident and described the gunman -- disgruntled ex-policeman Rolando M...
SAN FRANCISCO — Consul General Marciano A. Paynor, Jr. administered the oath of allegiance August 5 to Oscar Lolarga Miles, 94, accompanied by his daughter Nilda Miles de Jesus and nephew Eric James Miles. Oscar Miles became the oldest Filipino American in the Bay Area to apply for Dual Citizenship under Philippine Republic Act 9225. The law grants naturalized Filipinos the opportunity to retain or re-acquire their Filipino citizenship. For more information on Dual Citizenship, please visi...
WASHINGTON, D.C. - The US government is ready to sue a prominent Arizona sheriff if he does not cooperate with an investigation into alleged discrimination against illegal immigrants, officials said August 18. The target of the federal action is Sheriff Joe Arpaio of Maricopa County, whose zealous pursuit and severe treatment of illegal immigrants has made him a hero to some in Arizona and hated by others. "We will not hesitate to commence litigation after August 17 if MCSO (Maricopa County Sher...
WASHINGTON, D.C. - The US government is ready to sue a prominent Arizona sheriff if he does not cooperate with an investigation into alleged discrimination against illegal immigrants, officials said August 18. The target of the federal action is Sheriff Joe Arpaio of Maricopa County, whose zealous pursuit and severe treatment of illegal immigrants has made him a hero to some in Arizona and hated by others. "We will not hesitate to commence litigation after August 17 if MCSO (Maricopa County Sher...
I CAN sympathize with a person who needs the services of an immigration lawyer – but hesitates: "Baka tagain ako nitong hayop na ito." ("This greedy bastard might rip me off.") I always feel this kind of anxiety whenever I take my car to a repair shop. Enough greedy bastards have ripped me off. Be prudent. Research the lawyer before hiring him or her. Those in immigration limbo may have bridges to immigration heaven but they would need competent lawyers to lead them there – preferabl...
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