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Fueled by border crossings, a record 3 million cases clog US immigration courts
Court News | 2024/01/15 15:38
Eight months after crossing the Rio Grande into the United States, a couple in their 20s sat in an immigration court in Miami with their three young children. Through an interpreter, they asked a judge to give them more time to find an attorney to file for asylum and not be deported back to Honduras, where gangs threatened them.

Judge Christina Martyak agreed to a three-month extension, referred Aarón Rodriguéz and Cindy Baneza to free legal aid provided by the Catholic Archdiocese of Miami in the same courthouse — and their case remains one of the unprecedented 3 million currently pending in immigration courts around the United States.

Fueled by record-breaking increases in migrants who seek asylum after being apprehended for crossing the border illegally, the court backlog has grown by more than 1 million over the last fiscal year and it’s now triple what it was in 2019, according to government data compiled by Syracuse University’s Transactional Records Access Clearinghouse.

Judges, attorneys and migrant advocates worry that’s rendering an already strained system unworkable, as it often takes several years to grant asylum-seekers a new stable life and to deport those with no right to remain in the country.

“Sometimes hope already sinks,” said Mayra Cruz after her case was also granted an extension by Martyak because the Peruvian migrant doesn’t have an attorney.

“But here I’ve felt a bit safer,” added Cruz, who said she had to flee with only the clothes on her back with her partner and their children after repeated threats from gangs.

About 261,000 cases of migrants placed in removal proceedings are pending in the Miami court — the largest docket in the country. That’s about the same as were pending nationwide a dozen years ago, said Syracuse University professor Austin Kocher.

The backlog includes migrants who have been in the United States for decades and were apprehended on unrelated charges, but most are new asylum seekers who declare a fear of persecution if they are sent back, he added.

Backlogged courts, administered by the Justice Department, often get little attention in immigration debates, including in current Senate negotiations over the Biden administration’s $110 billion proposal that links aid for Ukraine and Israel to asylum and other border policy changes.

When migrants are apprehended by U.S. authorities at the border, many are released with a record of their detention and instructions to appear in court in the city where they are headed. That information is passed on from the Department of Homeland Security to the Justice Department, whose Executive Office for Immigration Review runs the courts, so that an initial hearing can be scheduled.

“They’re just being released without any idea of what comes next,” said Randy McGrorty, executive director of Catholic Legal Services for the Archdiocese of Miami, which has seen hundreds of thousands of migrants join its diaspora communities.

So many migrants go to them for advice that, in the last couple of years, they’ve largely switched to teaching how to self-petition and represent themselves before judges.

“We help them understand what judges want, and we help judges with efficiency and preserving fundamental rights,” said Miguel Mora, a Catholic Legal Services supervising attorney in Miami.

Advocates say that most migrants ask for individual legal representation, something that’s becoming increasingly rare given the huge numbers, and how to get work permits, which migrants can apply for 150 days after filing their asylum application.


Trump asks US Supreme Court to overturn Colorado ruling
Court News | 2024/01/04 12:12
Former President Donald Trump on Wednesday asked the U.S. Supreme Court to overturn a ruling barring him from the Colorado ballot, setting up a high-stakes showdown over whether a constitutional provision prohibiting those who “engaged in insurrection” will end his political career.

Trump appealed a 4-3 ruling in December by the Colorado Supreme Court that marked the first time in history that Section 3 of the 14th Amendment was used to bar a presidential contender from the ballot. The court found that Trump’s role in the Jan. 6, 2021, attack on the U.S. Capitol disqualified him under the clause.

The provision has been used so sparingly in American history that the U.S. Supreme Court has never ruled on it. Wednesday’s development came a day after Trump’s legal team filed an appeal against a ruling by Maine’s Democratic Secretary of State, Shenna Bellows, that Trump was ineligible to appear on that state’s ballot over his role in the Capitol attack. Both the Colorado Supreme Court and the Maine secretary of state’s rulings are on hold until the appeals play out.

Trump’s critics have filed dozens of lawsuits seeking to disqualify him in multiple states. He lost Colorado by 13 percentage points in 2020 and does not need to win the state to gain either the Republican presidential nomination or the presidency. But the Colorado ruling has the potential to prompt courts or secretaries of state to remove him from the ballot in other, must-win states.

None had succeeded until a slim majority of Colorado’s seven justices — all appointed by Democratic governors — ruled last month against Trump. Critics warned that it was an overreach and that the court could not simply declare that the Jan. 6 attack was an “insurrection” without a judicial process.

“The Colorado Supreme Court decision would unconstitutionally disenfranchise millions of voters in Colorado and likely be used as a template to disenfranchise tens of millions of voters nationwide,” Trump’s lawyers wrote in their appeal to the nation’s highest court, noting that Maine has already followed Colorado’s lead.


What the 14th amendment means for Donald Trump's presidential campaign
Court News | 2023/12/21 15:05
Former President Donald Trump’s bid to win back the White House is now threatened by two sentences added to the U.S. Constitution 155 years ago.

The Colorado Supreme Court on Tuesday barred Trump from the state’s ballot under Section 3 of the 14th Amendment, which prohibits anyone who swore an oath to support the Constitution and then “engaged in insurrection” against it from holding office. It’s the first time in history the provision has been used to prohibit someone from running for the presidency, and the U..S. Supreme Court is likely to have the final say over whether the ruling will stand.

If it does — which many legal experts say is a longshot — it’s the end of Trump’s campaign because a Supreme Court decision would apply not just in Colorado, but to all states. It also could open a new world of political combat, as politicians in the future fish for judicial rulings to disqualify their rivals under the same provision.

Some conservatives have even considered using it against Vice President Kamala Harris, who raised bail money for those jailed during the violence following the murder of George Floyd in Minneapolis. They said that also should be considered an “insurrection” against the Constitution.

So far, very little in the real world. Aware that the case was very likely going to the U.S. Supreme Court, the 4-3 Colorado Supreme Court majority stayed their own order until Jan. 4 — the day before the state’s primary ballots are due at the printer — or until the Supreme Court rules.

Technically, the ruling applies only to Colorado, and secretaries of state elsewhere are issuing statements saying Trump remains on the ballot in their state’s primary or caucus.But it could embolden other states to knock Trump off the ballot. Activists have asked state election officials to do so unilaterally, but none have. Dozens of lawsuits have been filed, but all failed until Colorado.

The U.S. Supreme Court has never ruled on the meaning of Section 3. The justices can take the case as quickly as they like once Trump’s campaign files its appeal, which is not expected this week. The high court then could rule in a variety of ways — from upholding the ruling to striking it down to dodging the central questions on legal technicalities. But many experts warn that it would be risky to leave such a vital constitutional question unanswered.

“It is imperative for the political stability of the U.S. to get a definitive judicial resolution of these questions as soon as possible,” Rick Hasen, a law professor at the University of California, Los Angeles, wrote shortly after the ruling. “Voters need to know if the candidate they are supporting for president is eligible.”


Mexico’s Supreme Court lifts 2022 ban on bullfighting
Court News | 2023/12/07 10:30
Mexico’s Supreme Court on Wednesday overturned a 2022 ban on bullfighting in Mexico City, opening the way for events to resume.

A panel of five justices voted to overturn a May 2022 injunction that said bullfights violated city resident’s rights to a healthy environment free from violence.

The justices did not explain their arguments for overturning the ban, but bullfight organizers claimed it violated their right to continue the tradition. The capital had a history of almost 500 years of bullfighting, but there had been no fights since the 2022 injunction.

A crowd of people gathered outside the Supreme Court building Wednesday, holding up signs reading “Bulls Yes, Bullfighters No!” and “Mexico says no to bullfights.”

Critics say the fights inherently represent cruelty to animals.

“Animals are not things, they are living beings with feelings, and these living, feeling beings deserve protection under the constitution of Mexico City,” said city councilman Jorge Gaviño, who has tried three times to pass legislation for a permanent ban. None has passed.

Bullfight organizers say it is a question of rights.

“This is not an animal welfare issue. This is an issue of freedoms, and how justice is applied to the rest of the public,” said José Saborit, the director of the Mexican Association of Bullfighting. “A small sector of the population wants to impose its moral outlook, and I think there is room for all of us in this world, in a regulated way.”

Since 2013, several of Mexico’s 32 states have banned bullfights. Brazil, Argentina, Chile and Uruguay have banned bullfighting.

According to historians, Spanish conqueror Hernán Cortés watched some of the first bullfights in the city in the 1520s, soon after his 1521 Conquest of the Aztec capital.


Opening statements begin in Jonathan Majors assault trial in New York
Court News | 2023/12/04 09:20
Opening statements began Monday in the criminal trial of actor Jonathan Majors, who was charged last spring for allegedly assaulting his then-girlfriend during an argument.

Majors did not speak as he strode into a Manhattan courthouse seeking to clear his name following an arrest in March that has effectively stalled his fast-rising career.

The six-person jury is expected to hear opposing narratives from 34-year-old Majors and his accuser, Grace Jabbari, a British dancer, about their confrontation in the back of a car.

Prosecutors said Jabbari was riding in a car with Majors in late March when she grabbed the actor’s phone out of his hand after seeing a text message, presumably sent by another woman, that said: “Wish I was kissing you right now.”

When Majors tried to snatch the phone back, he allegedly pulled her finger, twisted her arm behind her back and hit her in the face. After the pair got out out of the vehicle, he threw her back inside, Jabbari said.

Attorneys for Majors have maintained that Jabbari was the aggressor in the confrontation. They have suggested that prosecutors in the Manhattan District Attorney’s Office are targeting Majors because he is Black.

The arrest came weeks after the release of “Creed III,” a break-out role for Majors. He has also starred in the Marvel TV series “Loki” and the film “Ant-Man and The Wasp: Quantumania,” and was awaiting the release of another star vehicle, “Magazine Dreams,” which is now in limbo.

He could be sentenced to up to a year in jail if convicted.


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