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Weather, shutdown blamed for immigration courts backlog
Legal Interview | 2019/01/27 03:06
U.S. immigration officials blame the government shutdown and the extreme winter weather for confusion about immigration court hearings.

In an emailed statement, the part of the Justice Department overseeing immigration courts said some immigrants with notices to appear Thursday wouldn't be able to proceed with those hearings.

The Executive Office for Immigration Review said the shutdown prevented immigration courts from issuing new hearing notices. Weather-related closures this week also slowed the agency's processing of cases.

The agency also said in some cases, courts didn't receive the required paperwork.

Separately, Immigration and Customs Enforcement said the overflow of hearings scheduled Thursday had been expected due to the shutdown.

Similar backlogs have occurred nationwide since a recent U.S. Supreme Court ruling addressed how to provide notices to immigrants to appear in court.


Congo runner-up Fayulu asks court to order election recount
Legal Interview | 2019/01/11 07:19
Congo's presidential runner-up Martin Fayulu has asked the constitutional court to order a recount in the disputed election, declaring on Saturday that "you can't manufacture results behind closed doors."

He could be risking more than the court's refusal. Congo's electoral commission president Corneille Nangaa has said there are only two options: The official results are accepted or the vote is annulled — which would keep President Joseph Kabila in power until another election. The Dec. 30 one came after two years of delays.

"They call me the people's soldier ... and I will not let the people down," Fayulu said. Evidence from witnesses at polling stations across the country is being submitted to the court, which is full of Kabila appointees.

Rifle-carrying members of Kabila's Republican Guard deployed outside Fayulu's home and the court earlier Saturday. It was an attempt to stop him from filing, Fayulu said while posting a video of them on Twitter: "The fear remains in their camp."

Fayulu has accused the declared winner, opposition leader Felix Tshisekedi, of a backroom deal with Kabila to win power in the mineral-rich nation as the ruling party candidate, Emmanuel Ramazani Shadary, did poorly.

The opposition coalition for Fayulu, a businessman vocal about cleaning up widespread corruption, has said he won 61 percent of the vote, citing figures compiled by the Catholic Church's 40,000 election observers across the vast Central African country.




Missouri death row inmate asks US Supreme Court to intervene
Legal Interview | 2019/01/01 08:18
A Missouri death row inmate who lost substantial brain tissue during a surgery plans to ask the U.S. Supreme Court to review his case, saying his planned execution by lethal injection could subject him to severe pain.

The Columbia Daily Tribune reported Thursday that Ernest Lee Johnson plans to argue that the loss of brain tissue could mean he has seizures and severe pain in reaction to Missouri’s execution drug.

Johnson was sentenced to death for killing three convenience store workers during a Columbia robbery in 1994.

Johnson’s appeal is moving through lower courts. But Johnson’s attorneys plan to ask the U.S. Supreme Court to intervene because the high court is currently considering a similar case of another Missouri death row inmate with a rare medical condition that causes blood-filled tumors.

Both argue complications with their conditions and the execution drug could lead to cruel and unusual punishment.


Supreme Court rejects Trump plea to enforce asylum ban
Legal Interview | 2018/12/24 04:19
A divided Supreme Court won’t let the Trump administration begin enforcing a ban on asylum for any immigrants who illegally cross the U.S.-Mexico border. Chief Justice John Roberts joined his four more liberal colleagues Friday in ruling against the administration in the very case in which President Donald Trump had derided the “Obama judge” who first blocked the asylum policy.

New Justice Brett Kavanaugh and three other conservative justices sided with the administration. There were no opinions explaining either side’s votes.

The court’s order leaves in place lower court rulings that blocked Trump’s proclamation in November automatically denying asylum to people who enter the country from Mexico without going through official border crossings.

Trump said he was acting in response to caravans of migrants making their way to the border. The administration had also complained that the nationwide order preventing the policy from taking effect was too broad. But the court also rejected the administration’s suggestion for narrowing it.

Lee Gelernt, an American Civil Liberties Union leading the court challenge, said the high court’s decision “will save lives and keep vulnerable families and children from persecution. We are pleased the court refused to allow the administration to short-circuit the usual appellate process.”

The high court action followed a ruling Wednesday by U.S. District Judge Jon Tigar that kept the ban on hold pending the outcome of a lawsuit challenging it. The case could take months to resolve.



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