Tag Archives: 9th Circuit Court of Appeals

Chief Judge Sidney Thomas of the 9th Circuit Court instructs Trump DOJ & WA and MN Lawyers To File Briefs by Mid February | Feb 12, 2017

9TH CIRCUIT CHIEF JUDGE WANTS ANOTHER VOTE OVER TRAVEL BAN  | Back in Court By Mid Feb

– LawNewz.com |

To determine if order issued by 3 jurists should be reconsidered by 11 of 29 Jurists of the Ninth Circuit – “Interesting move”

“In a rare move, one of the judges on the Ninth Circuit of Appeals has made a request that a vote be taken as to whether the order issued by the three judges Thursday night should be reconsidered en banc, which means before 11 federal judges of the Ninth Circuit.

It’s not clear if this means that this judge (who was not named in the order) believes that there are enough votes to overturn the lower court’s decision which put a temporary halt on Trump’s controversial travel ban or if the judge simply wasn’t satisfied with the panel’s decision. Regardless, it is an interesting move that could bode well for President Trump, and throws yet another legal twist into the ongoing court battle between Trump and those trying to prevent his controversial immigration ban from being enforced.”

Chief Judge Sidney Thomas of the 9th Circuit Court has instructed both Trump’s DOJ team and lawyers for the State of Washington and Minnesota to file briefs due by Thursday February 16th, stating whether they believe the motion should be considered en banc. To get a rehearing, a majority of the 29 active judges on the court would need to vote in favor. Some legal experts contend however that it is unlikely that a majority of judges (most of whom were appointed by Democrats) would agree to this.”

…..Continue reading more by Rachel Stockman @  LawNewz.com

 

Former Marine Flees Iraq After Facebook Warning About Iraqi Refugees Goes Viral

– PJ Media  | Sean Hannity

“A former U.S. Marine who works as a private security contractor in Iraq had to flee the country after his Facebook post warning of the dangers Americans face in the tumultuous country went viral.

Via Fox News Insider:

Steven Gern’s video, which was posted from Iraq and has been viewed more than 44 million times, came just a few days after President Trump’s executive order triggered massive protests at U.S. airports.

The order temporarily banned travel from seven Muslim-majority countries, including Iraq, Iran and Syria.

Gern relayed a short message about conversations he had about the controversial order with Iraqis. He said he asked them what would happen if he, an American, “went out in town.”

He asked the group, “would I be welcome? And they replied, ‘Absolutely not. You would not be welcome,'” Gern recalled.

“They said the locals would snatch me up and kill me within an hour,” said Gern. “I’d be tortured first, and after they were done torturing me, I’d probably be beheaded. It would go on video for everyone to see as an example.”

….Continue seeing more @ PJ Media

Finally Arpaio Wins Big in Federal Court | May 2016

Ban on Arizona Sheriff Arpaio’s Workplace Raids Lifted: 9th Circuit Court of Appeals

– Yahoo

joear1

“A Federal Appeals court on Monday lifted a court order blocking Maricopa County Sheriff Joe Arpaio’s use of workplace raids to enforce Arizona laws that make it a crime for illegal immigrants to use stolen identities to obtain work.

The 9th U.S. Circuit Court of Appeals in San Francisco said a lower court judge was wrong to conclude that two Arizona identity theft laws were likely unconstitutional on their face, justifying a preliminary injunction against their enforcement by Arpaio and Maricopa County Attorney Bill Montgomery.

Since 2008, the controversial workplace raids have led to the arrests of more than 700 undocumented workers for identity theft, raising their likelihood of being deported.

The raids were a signature initiative for Arpaio, who calls himself “America’s toughest sheriff” and believes the U.S. government does not do enough to combat illegal immigration.

He nonetheless had been planning to disband the unit that conducted the raids when the January 2015 injunction was issued, following earlier legal setbacks.

“I have not yet decided when or if to resurrect identity theft enforcement,” Arpaio said in a statement on Monday, citing his settlement with the U.S. Department of Justice, which had accused him and his deputies of various civil rights violations.

In issuing the injunction, U.S. District Judge David Campbell in Phoenix agreed with Puente Arizona, an immigrant rights advocacy group, and others that the state’s identity theft laws were likely invalid because federal law preempted them.

But in Monday’s 3-0 decision, Circuit Judge Richard Tallman said the Arizona laws also targeted workplace fraud that had nothing to do with immigration and applied equally to U.S. citizens and legal immigrants, as well as illegal immigrants.

“Just because some applications of those laws implicate federal immigration priorities does not mean that the statute as a whole should be struck down,” Tallman wrote.

The appeals court ordered Campbell to evaluate the plaintiffs’ remaining claims, including whether the Arizona laws are preempted when used to target illegal immigrants.

Jessica Vosburgh, a lawyer representing opponents of the laws, said her clients disagreed with the decision and may ask a larger Ninth Circuit panel to review it.”

…Continue reading more @ Yahoo News