Tag Archives: judges

Texas judge’s ruling blocks new applications to the Obama-era program, which shields some undocumented immigrants from deportation

The ruling from Judge Andrew Hanen would bar future applications. It does not immediately cancel current permits for hundreds of thousands of people — though it once again leaves them in devastating legal limbo and is a reminder of the uncertainty they face.
DACA, created in 2012, was intended to provide temporary reprieve to undocumented immigrants who were brought to the United States as children — a group often described as “Dreamers” — many of whom are now adults.
But almost a decade since the program was established, DACA is still one of the only signs of potential relief for undocumented immigrants looking to remain and work in the US.
Hanen, an appointee of President George W. Bush, ruled that Congress had not granted the Department of Homeland Security the authority to create DACA and that it prevented immigration officials from enforcing removal provisions of the Immigration and Nationality Act.
“Congress has not granted the Executive Branch free rein to grant lawful presence outside the ambit of the statutory scheme,” Hanen wrote.
Congress remains the only body that can provide a permanent solution for DACA recipients through legislation, but immigration legislation has been stalled for years.
Democrats immediately called for Congress to act.
Rep. Joaquin Castro, a Texas Democrat, and his twin brother Julian Castro, who served as secretary of Housing and Urban Development under former President Barack Obama, called the decision is “terrible.”
“The dreams of hundreds of thousands of young people who are contributing to the American economy will be put on hold for no good reason. Congress must pass a pathway to citizenship this year. We can’t wait,” Rep. Castro said on Twitter.
“Dreamers have lived in uncertainty for far too long. It’s time Congress give them the protections they deserve. We must pass the budget reconciliation bill,” Julián Castro said.
Meanwhile, New Jersey Rep. Bill Pascrell said on Twitter, “This rightwing hack judge in Texas is trying to unilaterally stop the DACA program. This decision must be appealed and tossed out.”
The White House, Justice Department and Department of Homeland Security did not immediately respond to requests for comment.

Long legal fight

Hanen’s shocking Friday afternoon ruling is the latest dramatic twist in the nearly decade-old DACA program.
The Trump administration tried ending DACA in 2017, but the US Supreme Court blocked its attempt in June 2020.
After the Supreme Court ruling, the Trump administration then tried to say no new DACA applications would be accepted and renewals would be limited to one year instead of two amid an ongoing review. A separate federal judge rejected that and ordered the restoration of the program.
The lawsuit was originally brought by Texas — along with Alabama, Arkansas, Louisiana, Nebraska, South Carolina and West Virginia — which argued that the program placed an undue burden on the states and amounted to executive overreach. Hanen heard oral arguments in the case in December.
In his ruling Friday, Hanen cited the earlier Supreme Court decision, pointing to the majority’s determination that courts have the authority to review the DACA memorandum. But Hanen also drew from a dissent written by Justice Clarence Thomas, joined by Justices Samuel Alito and Neil Gorsuch, that said DACA was an “unlawful program.”
“Justice Thomas noted that the majority’s failure to address DACA’s creation was ‘an effort to avoid a politically controversially but legally correct decision’ that would result in future ‘battles to be fought in this Court,'” Hanen wrote. “While the controversial issue may ultimately return to the Supreme Court, the battle Justice Thomas predicted currently resides here and it is not one this Court can avoid.”
This story is breaking and will be updated.

Read more
This post originally posted here CNN.com – RSS Channel – HP Hero

Judge Malcolm Simmons, former President of EULEX Judges gives statement to Kosovo Parliament

A Fascinating Tale of Lies and Conspiracies at the Heart of EU Rule of Law

LONDON, LONDON, UK, July 14, 2021 /EINPresswire.com/ — When Judge Malcolm Simmons gave evidence before the Kosovo Parliament on 12 July 2021, he referred to interference by mission management in judicial decisions and judges being accused of corruption if they made decision unpopular with mission management.In 2016 a fellow judge employed in the mission hacked into Judge Simmons’ private emails. He gave copies of those emails to senior staff of the EU in Brussels. Those emails revealed Judge Simmons was a whistleblower and that since 2013 he had reported to both the UK Foreign Office and to the EU Anti-Fraud Agency serious misconduct involving senior staff of the EU mission. Following receipt of those emails the EU commenced a disciplinary investigation against Judge Simmons.

The persons in charge of those disciplinary proceedings were persons who were in receipt of his private emails and the persons Judge Simmons had accused of serious misconduct. The investigators, including a former Judge of the European Court of Justice, were also in possession of his private emails.

Judge Simmons demanded an independent investigation into the hacking of his private emails. That request was refused by the European External Action Service in Brussels, the equivalent of the US Department of State. Instead, an investigation was conducted by EULEX. When Judge Simmons insisted that the former judge of the European Court of Justice who was investigating the allegations against him be interviewed, he was informed by EULEX that the investigation into the hacking of his private emails had been “closed”. He was given no explanation. Judge Simmons demanded to see the investigation file to see what steps the investigators had taken and who had been interviewed. When Judge Simmons was eventually given access to the investigation file, it contained only one document and that was the notification to him informing him the investigation had been closed.

Despite repeated requests of the UK Foreign Office, the EEAS failed to initiate an independent investigation into the hacking of his private emails.

The investigation against Judge Malcolm Simmons was led by the very people he had accused of serious misconduct. They referred the case to a disciplinary Board. The board comprised three members. Only one member of the Board was a judge. The other two members included a Logistics Officer who was subordinate to the very persons Judge Simmons had accused of serious misconduct!

In its judgments, the European Court of Human Rights has been very clear: disciplinary boards in proceedings against judges should comprise a majority of judges. In the case of Judge Simmons, only one member was a judge.

That was not the only abuse of the disciplinary process. The Board ignored important exculpatory evidence, including three statements of very important witnesses, including senior judges. In addition, Judge Simmons was not permitted to be present when other, important, witnesses were examined by the Board. Instead, he was sent what the Board referred to as a “resume” of their evidence. Judge Simmons had no opportunity to challenge their evidence or ask the witnesses questions.

Judge Malcolm Simmons filed an appeal that was heard by an appeals board comprising three EU judges. That appeal was heard in May 2019.

The Appeals board ignored judgments of the European Court of Human Rights and ignored International Conventions and Charters that state that, in disciplinary proceedings against a judge, at least a majority of the panel should be judges.

Of greater concern was the fact the Appeals Board ignored Article 6 of the European Convention on Human Rights that provides Judge Simmons was entitled to be tried “…by an independent and impartial tribunal established by law.” In his case, a member of the Board was subordinate to a person Judge Simmons had accused of serious misconduct. Clearly, this was not an impartial tribunal.

Therefore, not only did the Board in his case not comprise a majority of judges in clear contravention of international law and practice, the Board was also not impartial.

The request of Judge Simmons that his case be referred to an independent court was refused by the EU.

In his statement, Judge Simmons said he would call evidence of interference in other investigations.

The Kosovo Parliament will decide whether to open a full enquiry.

<

p class=”contact c4″ dir=”auto”>Edward Montague
Edward Montague Associates
+44 7881962265
email us here
Visit us on social media:
Twitter
LinkedIn

Read more
This post originally posted here The European Times News

Widow of Kobe Bryant helicopter crash victim wows ‘America’s Got Talent’ judges

In an emotion-filled ‘America’s Got Talent’ audition, Matt Mauser fought back tears and choked up as he tried to deliver the final line of the song.

WASHINGTON — Matt Mauser, who lost his wife in the same helicopter crash that killed NBA legend Kobe Bryant, shared his family’s heartbreaking story and delivered an emotional performance on Tuesday’s episode of “America’s Got Talent.” 

Mauser’s wife, Christina, helped Bryant coach his daughter’s basketball team at his Mamba Sports Academy. She was one of the nine victims in the tragic Jan. 2020 helicopter crash that also claimed the lives of Bryant, his 13-year-old daughter Gianna and six others. The group was heading to a youth basketball tournament when their helicopter crashed. 

Before starting his audition, Matt Mauser, 51, recounted how he and his wife retired from teaching so he could focus on music full-time and she went on to coach with Kobe Bryant. They lived a “dreamy kind of life,” had three kids and were married for 15 years before that fateful day in 2020.  

“When she left that day, she kissed me and said ‘I love you,’ and that was the last thing my wife ever said to me,” Mauser described. “Your whole life changes in a second, it was pain.”

As his three kids watched from backstage, Mauser then gave an emotional performance of “Against All Odds (Take a Look at me Now)” by Phil Collins. Mauser fought back tears as he made his way through the song, briefly choking up as he tried to deliver the final line, “Take a Look at me Now.”

It was a memorable performance that brought all four judges to their feet. 

[embedded content]

“AGT” judge Howie Mandel praised Mauser’s ability to move total strangers with such an emotional performance.

When asked by Simon Cowell what he would like to happen if he did well on the show, Mauser responded that he’d like to make sure his kids see that in spite of the grief they’ve been through that grief is not going to define who they are as a family.

“That my children see that you have to find joy in life and you have to continue. If this can in any way help my children to chase their dreams, then I’ll take it,” the singer explained.

Mauser told PEOPLE that if he were to win the show’s $ 1 million prize, 100% of the earnings would go to the foundation set up in memory of Christina, which provides scholarships and financial aid to female athletes. 

The “AGT” judges gave Mauser four “yes” votes, so he’ll be moving on to the next round of the competition. 

“When I was out there tonight, I was singing to her and I wanted to make her proud, I think I did that. I felt her in my heart, which was nice,” Mauser described after getting off the stage.  

Author: Andrew Weil
Read more here >>> CBS8 – Entertainment

Great British Sewing Bee's Andrew wows judges with crab costume

A crab costume and a child’s reversible jacket helped Hull’s Andrew Aspland through to the next round of BBC One’s The Great British Sewing Bee.

Andrew earned high praise in last night’s show from the judges, Savile Row’s Patrick Grant and fashion designer Esme Young, as he set to work on his creations for Children’s Week.

After the first round of the show, a four-hour pattern challenge to sew a toddler’s romper suit, things were not looking good for the Hull maths teacher and stained-glass window maker.

The white background of his chosen fabric was “not the most practical for a toddler”, said Patrick, and the poppers all pulled free when Esme tested them during their appraisal, placing him seventh out of the eight remaining stitchers.

To sign up for the Hull Live newsletter, click here

Judges Esme Young and Patrick Grant appraise Andrew's crab fancy dress costume
Judges Esme Young and Patrick Grant appraise Andrew’s crab fancy dress costume

This was after Andrew admitted he had never sewn clothing for a child before, that there was not enough fabric to make himself “a decent pair of shorts” and that he was not good at fiddly sewing.

But Andrew came into his own in the transformation round, when the contestants were given old neoprene wetsuits, and an assortment of swimming and flotation aids, to create a fancy dress outfit on the theme of under the sea.

Show host Joe Lycett said: “I think this is my favourite thing I have ever seen in the sewing room.”

Placing the crab first, over a close-second jellyfish, Patrick said: “It’s fantastic, it is such a good idea and really well executed.”

Esme said: “It’s a fantastic fancy dress outfit, you couldn’t mistake it for anything else.”

Andrew was delighted to have retrieved himself, saying: “I am very happy, my inner child came flooding out for me today.”

With the sewing room now down to eight competitors from the original 12, the judges said standards were now pretty high – “we’re looking at fine margins between top and bottom” – and there was all on in the final challenge to make a waterproof raincoat for a child.

Andrew wanted to ensure the coat was roomy. “I spent my childhood in clothes that there two sizes too big because we were told we would grow into them,” he said.

Opting for a tricky reversible design in red and blue, he said: “I do quite like this red, it has a slightly more adult look to it, you don’t want rainbows and unicorns when you get to a certain age.”

Hull's Andrew Aspland now goes through to week six of The Great British Sewing Bee
Hull’s Andrew Aspland now goes through to week six of The Great British Sewing Bee

Patrick said: “The level of difficulty in making a reversible coat is very high, but Andrew has handled it so well.”

And he said to Finlay, who was modelling the jacket for Andrew: “How cool, two jackets in one, like magic.”

Andrew now goes through to week six, which is Reduce, Reuse and Recycle Week.

The Great British Sewing Bee is on Wednesdays at 9pm on BBC One.

Author: [email protected] (Deborah Hall)
This post originally appeared on Hull Live – Celebs & TV