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Court orders release of detained immigrant kids, not parents
Attorney News |
2016/07/11 17:34
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A federal appeals court ruled Wednesday that Homeland Security officials must quickly release immigrant children — but not their parents — from family detention centers after being picked up crossing the border without documentation.
The San Francisco-based 9th Circuit U.S. Court of Appeals said that lengthy detentions of migrant children violated a 19-year-old legal settlement ordering their quick release after processing. Government lawyers had argued that the settlement covered only immigrant children who crossed the border unaccompanied by adult relatives. But the three-judge panel ruled that immigration officials aren't required to release the parents detained along with the children, reversing U.S. District Judge Dolly Gee's ruling last year.
Advocates seeking stricter immigration controls said they hoped the ruling would discourage adults crossing the border illegally from exploiting children as a way to stay out of custody in the United States.
Mark Krikorian, Center for Immigration Studies executive director and an advocate for stricter border controls, said allowing the parents to be released may have encouraged illegal immigration of adults traveling with children.
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Court Vacates $1.8M Ventura Award in 'American Sniper' Case
Attorney News |
2016/06/13 18:05
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A federal appeals court on Monday threw out a $1.8 million judgment awarded to former Minnesota Gov. Jesse Ventura, who says he was defamed in the late author Chris Kyle's bestselling book "American Sniper."
The 8th U.S. Circuit Court of Appeals rejected the jury's 2014 award of $500,000 for defamation and $1.3 million for unjust enrichment against Kyle's estate. Kyle, a former SEAL who was the deadliest sniper in U.S. military history with 160 confirmed kills, died in 2013.
The majority of the three-judge panel reversed the unjust-enrichment award, saying it fails as a matter of law. The majority also vacated the defamation award, but sent that portion of the case back to court for a new trial.
Messages left with Ventura's publicist and attorney were not immediately returned Monday. A message left with an attorney for Kyle's estate also did not immediately return a message seeking comment.
Kyle claimed in a subchapter called "Punching Out Scruff Face," to have decked a man, whom he later identified as Ventura, during a fallen SEAL's wake at a California bar in 2006. He wrote that "Scruff Face" had made offensive comments about the elite force, including a remark that the SEALs "deserve to lose a few" in Iraq.
Ventura, a former Underwater Demolition Teams/SEAL member and ex-pro wrestler, testified at trial that Kyle's story was a fabrication. Ventura said he never made the comments and that the altercation never happened. He said the book ruined his reputation in the tight-knit SEAL community.
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Bollywood filmmaker challenges censoring of drug-abuse film
Attorney News |
2016/06/09 15:57
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A Bollywood film producer took his row with India's censor board to a court Wednesday, challenging dozens of cuts and changes to a film that depicts the menace of drug abuse in the northern state of Punjab.
Censor Board chief Pahlaj Nihalini said in a newspaper interview that the movie wrongly depicts 70 percent of people of the state consuming drugs and defaming them. He told reporters that the censor board has approved the movie for screening in theaters with the cuts ordered.
He accused producer Anurag Kashyap of whipping up a controversy to create interest in his film. Compared to Hollywood, movie norms in India are extremely strict. Censorship authorities often order filmmakers — both Indian and foreign — to chop scenes deemed offensive. Films with graphic content can be barred completely.
Last year, India's censor authorities ordered that kissing scenes in the James Bond movie, "Spectre," be shortened before it was released in the country.
Kashyap asked the Mumbai High Court to overrule the cuts ordered by the censor board. The court is expected to take up the petition later Wednesday. It could reject the matter or order reconsideration.
Kashyap said the censor board chief Nihalini demanded 89 cuts to the film and even asked him to drop the name of the state from the title, "Udta Punjab," or "Flying Punjab."
Bollywood producers and directors rallied behind Kashyap in his fight with the censor board. "The job of the censor board is to certify films and not suggest cuts."
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Bahrain court more than doubles opposition leader's sentence
Attorney News |
2016/05/31 23:28
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A Bahraini appeals court on Monday more than doubled the prison term for the country's top Shiite opposition figure in a ruling that his political bloc blasted as "unacceptable and provocative."
Sheikh Ali Salman now faces nine years behind bars, up from an earlier four, following his conviction last year on charges that included incitement and insulting the Interior Ministry.
Salman is the secretary-general of Al-Wefaq, the country's largest Shiite political group. He was a key figure in Bahrain's 2011 Arab Spring-inspired uprising, which was dominated by the island nation's Shiite majority and sought greater political rights from the Sunni monarchy.
Authorities crushed the initial uprising in a matter of weeks with help from Saudi Arabia and the United Arab Emirates. Localized protests continue in Shiite communities, with young activists frequently clashing with police.
Occasional small bomb attacks have killed police officers in the country, which hosts the U.S. Navy's 5th Fleet.
The case against Salman relates to speeches he gave between 2012 and 2014, though Al-Wefaq has said his words were taken out of context. He was convicted and sentenced by a lower court in June.
Both sides appealed that verdict, with the court ruling Monday in favor of the prosecution while rejecting Salman's appeal, according to a statement carried by the official Bahrain News Agency. |
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Swedish court upholds arrest warrant for Julian Assange
Attorney News |
2016/05/26 06:16
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A Swedish court on Wednesday rejected a request to overturn the arrest warrant of WikiLeaks founder Julian Assange because there were no new circumstances to consider.
The Stockholm District Court said it made the decision because Assange is still wanted for questioning in a case of suspected rape and that "there is still a risk that he will depart or in some other way evade prosecution or penalty."
The court said it saw no reason to hold another detention hearing saying he would remain "detained in absentia."
Thomas Olsson, Assange's lawyer in Sweden, says he would appeal the decision because "the passivity of the prosecutor had delayed the investigation in an unacceptable" way.
"The prosecutor ought to have arranged for an interview with Mr. Assange at a far earlier stage and she hasn't presented any reasons for not arranging an interview," he told The Associated Press.
Assange, who has been holed up in the Ecuadorean Embassy in London since 2012, is wanted for questioning by Swedish police over rape allegations stemming from his visit to the country in 2010. He denies all the accusations against him made by two women.
He has refused to go back to Sweden for fear of being extradited to the United States because of an investigation into WikiLeaks' dissemination of hundreds of thousands of classified U.S. documents. Last year, a U.S. federal court confirmed there are "active and ongoing" attempts to prosecute him and WikiLeaks in an investigation involving espionage, conspiracy, and computer fraud.
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