Thursday, October 8, 2015
Wednesday, September 16, 2015
The issue was whether the Immigration Judge properly denied Mr. Portal the protection under the Convention Against Torture based primarily on his adverse credibility determination. The Board of Immigration Appeals initially remanded the case back to the IJ for further consideration after finding that he had committed "clear error" in his initial determination.
The video is here:
Saturday, August 29, 2015
The court said that the Mara Salvatrucha or MS-13 gang and any other gang that seeks to claim powers that belong to the state would be deemed terrorists. It defined terrorism as the organized, systematic use of violence.
The declaration came on the same day that El Salvador's attorney general said an order to kill gang members in a prison this past weekend came from inside another prison. Luis Martinez announced Monday that the recent slaughter of 14 gang members inside the Quezaltepeque prison in western El Salvador came from the San Francisco Gotera prison in the country's east.
The gang members, who were part of the Barrio 18 gang, were all strangled or stabbed to death as part of an internal purge, according to authorities. Martinez said that authorities had advance information that a mass killing was coming, but did not knew where or when.
El Salvador has one of the highest murder rates in the world and the level of violence has increased in the country over the past year with the breakdown of a truce between the Barrio 18 gang and its rival, MS-13. The gangs came to prominence in the 1980s in Los Angeles' Latino neighborhoods.
At least 125 people were murdered in the country in just three days last week, according to police. Government statistics show at least 3,840 people have been killed so far this year in the country of 6.4 million people. President Sanchez Ceren has tried to crack down on criminal gangs since coming to power last year.
Monday, July 27, 2015
U.S. District Judge Dolly Gee said federal authorities had violated key provisions of an 18-year-old court settlement that put restrictions on the detention of migrant children.
The ruling, released late Friday, is another blow to President Obama’s immigration policies and leaves questions about what the U.S. will do with the large number of children and parents who crossed the border from Latin America last year.
The Obama administration is detaining an estimated 1,700 parents and children at three detention facilities, two in Texas and one in Pennsylvania.
In her 25-page ruling, Gee blasted federal officials, saying that children had been held in substandard conditions at the two Texas detention centers. She found “widespread and deplorable conditions in the holding cells of Border Patrol stations.” In addition, she wrote that federal officials “failed to meet even the minimal standard” of “safe and sanitary” conditions at temporary holding cells.
“It is astonishing that defendants have enacted a policy requiring such expensive infrastructure without more evidence to show that it would be compliant with an agreement that has been in effect for nearly 20 years,” Gee wrote. Gee gave the government until Aug. 3 to explain why an order she plans to issue should not be implemented within 90 days.
Tuesday, April 14, 2015
Stanley Radtke, of the Law Office of Stanley Dale Radtke, has been selected to the 2015 list as a member of the Nation’s Top One Percent by the National Association of Distinguished Counsel. NADC is an organization dedicated to promoting the highest standards of legal excellence. Its mission is to objectively recognize the attorneys who elevate the standards of the Bar and provide a benchmark for other lawyers to emulate.
Members are thoroughly vetted by a research team, selected by a blue ribbon panel of attorneys with podium status from independently neutral organizations, and approved by a judicial review board as exhibiting virtue in the practice of law. Due to the incredible selectivity of the appointment process, only the top one percent of attorneys in the United States are awarded membership in NADC. This elite class of advocates consists of the finest leaders of the legal profession from across the nation.
Wednesday, January 14, 2015
The DHS funding bill was the opening shot in what is likely to be a contentious weekslong fight over how to deal with appropriations for the agency before its funding runs out at the end of February. For now, Republicans and Democrats have drawn lines in the sand: Most GOP House members said they would not vote to fund DHS without measures to end many of President Barack Obama's immigration policies, while Democrats and the president have vowed to oppose anything that includes those amendments.
But the vote also showed a schism in the House Republicans -- this time from moderates rather than the usual revolts by immigration hardliners. Those moderates nearly derailed an amendment to end the Deferred Action for Childhood Arrivals policy, or DACA, which helps undocumented immigrants who came to the U.S. as children. Twenty-six House Republicans joined with Democrats to oppose that amendment, which narrowly passed in a 218-209 vote.
The vote on the full bill was 236-191. Ten Republicans opposed final passage, and two Democrats split with their party to support it.
"We do not take this action lightly, but simply, there is no alternative," House Speaker John Boehner (R-Ohio) said in a floor speech just before the vote. "It's not a dispute between the parties or even the branches of our government. This executive overreach is an affront to the rule of law and to the Constitution itself."
Thursday, December 18, 2014
The decision was actually written up in the San Francisco Chronicle. Here is the link.
The decision was split, 2 to 1, and was based upon the denial by the trial court of a defense motion for a short continuance in order to try and locate a previously subpoenaed defense witness. Here is the link to the full decision at the court of appeal.