Our December 2016 Client of the Month is another member of the “Dreamers out of Trump’s reach” club. Andres St. Claire and Jazmine St. Claire are clients of the month after Andres was granted residence seven years after marrying Jazmine Andres St. Claire is a Dreamer who got protection under DACA. But before that, he was in love with Jazmine St. Claire, with whom he shared an immigrant experience and a love of video games and dogs.
We are thrilled to announce Jorge Martinez and Christopher Gallo as our July 2016 Clients of the Month. Jorge is a permanent resident who just returned from Honduras where he obtained his immigrant visa after being approved for an I-601A provisional waiver for hardship to his U.S. citizen husband, Chris. Jorge returned to Honduras after being gone for more than 20 years and was able to hug his mother again and reunite with his extended family.
“The judgement is affirmed by an equally divided court.” With one sentence, the Supreme Court refused to engage in the question of the President’s authority to extend deferred action to the parents of U.S. citizens (DAPA) and additional young people who entered the U.S. as children (expanded DACA). By affirming the judgement, the Court let the injunction against DAPA and expanded DACA stand, dashing the hopes of millions that there would be the ability to work legally in the U.S.
Justice Scalia The death of Supreme Court Justice Antonin Scalia has created turmoil in Washington DC and on the Presidential campaign trail. Republicans are uniformly calling on the President to refrain from nominating anyone to fill the vacancy due to the upcoming Presidential election. Within hours of the news of the Justice’s death, Senator Mitch McConnell, the Senate Majority Leader and the man who controls the Senate’s agenda, stated that the “vacancy should not be filled until we have a new President.” The President has stated that he intends to nominate someone to fill the vacancy, setting up a battle with Senate Republicans over whether the nominee will ever get a hearing or approved by the Senate.
Let’s start here: Donald Trump is an abomination. From his slander of Mexicans as rapists to the violence he incites and tolerates at his rallies to his latest outrages of suggesting a database and a ban on admission of Muslims to the United States, there is no public figure more odious or contemptible than Donald Trump. And he is a danger. He incites people to violence, encourages hate and discrimination, and generally contributes to the dumbing down of our culture.
What just happened in the 5th Circuit? The U.S. Court of Appeals formally upheld Judge Hanen’s injunction prohibiting the administration for implementing DAPA & DACA. The injunction prohibited the administration from implementing DAPA and expanded DACA until the litigation brought by Texas and twenty six other states was resolved. Injunctions are sought to preserve the status quo while the legality or proposed actions is resolved. Judge Hanen ruled that Texas presented evidence of the possible injury if DAPA or DACA went forward and that Texas was likely to succeed in challenging DAPA and expanded DACA.
Despite the wreckage that is the Washington Nationals baseball season, everyone can agree that Nationals General Manager Mike Rizzo pulled off an enormous coup when he signed Max Scherzer. Everywhere, we are reminded that BR pulled off a steal when we landed Patrick Taurel. Not a week goes by when someone does not say, “You got Patrick!” And it is true: we got Patrick and he has been every bit the ace we expected him to be.
Much of the world rejoiced yesterday upon seeing the photos of Caitlyn Jenner’s exquisite transformation on the cover of the June issue of Vanity Fair. Much of the commentary I saw focused not so much on her physical appearance, but how she looked at peace and contented to be herself. As an immigration lawyer who has represented many trans asylum seekers, I know and have seen that look.
The Court of Appeals for the 5th Circuit in a 2-1 decision refused the Obama administration’s request for an emergency stay of Judge Andrew Hanen’s injunction against the President’s deferred action (DAPA and DACA+). This action leaves the stay in place, meaning that the administration remains unable to proceed with DAPA and DACA relief to millions of immigrants. Two judges of the 5th Circuit found that the Obama administration was “unlikely to succeed” in establishing that Texas and the other 25 states lack a sufficient injury, or “standing,” to challenge the President’s actions in creating DAPA and DACA+.
Protesters outside the Courthouse in New Orleans. Oral arguments in federal court generate lots of light, but very little heat. One thing every appellate lawyer knows is not to predict the outcome of a case based upon oral arguments. The better legal reporters also understand that. Unfortunately, that maxim was not in display in the reporting surrounding the argument on April 17 in the U.S. Court of Appeals for the Fifth Circuit over the government’s motion to lift Judge Andrew Hanen’s DAPA and DACA injunction.