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Immigration

Gotta Love the INS Immigration and Customs Enforcement

Father Cathal Gallagher Rev Cathal Gallagher Father Gallagher.jpgPerhaps not everyone will see the situation in the same way, but here's an interesting story about the enforcement of our nation's immigration laws. From an incensed reader:

We can have 12 million illegal immigrants, and instead this is whom the INS [FN1] seeks to deport: a hard-working, beloved Irish priest in South Dakota. This is the priest that performed my grandparents' funerals and married my brothers. He's totally beloved by the community, and now he's being deported because of something everybody admits is a snafu. You have to love our government.

Fortunately, the people of my hometown are fighting this, and I hope they prevail. But the more publicity they can get for this travesty the better. Here is a link to the website that contains his story.

If you have thoughts on Father Cathal Gallagher's case, also summarized here by the Catholic News Service, feel free to share them.

[FN1] Make that U.S. Immigration and Customs Enforcement (ICE). A few years ago, as part of a massive reorganization, INS implemented underwent a Philip Morris / Altria-style name change (perhaps to escape from a horrible reputation, painstakingly cultivated over decades). Some of the former INS's functions are now handled by ICE, and others are handled by the Bureau of Citizenship and Immigration Services (BCIS) U.S. Citizenship and Immigration Services (USCIS).

Help Father Gallagher [The Situation]
The border is in South Dakota for Irish priest with immigration woes [Catholic News Service]
DeSmet Catholic Priest Forced To Leave U.S. [KSFY.com]

Morning Docket: 11.12.07

* Bong hits 4 farmers. [Washington Post via How Appealing]

* If looks could kill, then maybe this guy would have had a defense. [Atlanta Journal-Constitution]

* Privacy is so 20th century. [Reno Gazette-Journal]

* Good for him I guess, but isn't this a little weird? [CNN]

Non-Sequiturs: 08.23.07

Linda Greenhouse 6 New York Times Abovethelaw Above the Law blog.jpg* The best argument for immigration reform: qualified (i.e., hot) fashion models are being kept off American runways. [Fashionista]

* What rating does ATL get -- e.g., G, PG, R, etc. -- using this tool? To give you context, NBS is a PG-13. [Nasty, Brutish & Short]

* What blogs does Linda Greenhouse read? [My Times ("Journalist's Picks") via Romenesko]

* What blogs do judges read? [May It Please the Court]

* And what blogs should they read? [Blawg Review]

* Speaking of judges, here's our Judge of the Day -- possibly offensive, and wrong on the law too. [AP via NYT]

* The Weekly Standard's Jonathan Last, on the Nixon Peabody non-theme-song: "Some things you just can't un-hear." [Galley Slaves]

Morning Docket: 06.27.07

golf ball Abovethelaw Above the Law legal website site.jpg* He killed, but it was a tough crowd; they crucified him. [CNN]

* Jeez, all sorts of shenanigans going on with convicted murderers. [CNN]

* It's not going away folks. [Jurist]

* Yep, it's still constitutional in Georgia. [Atlanta Journal-Constitution]

* Is this going to lead to people who suck at it not even being allowed to play golf? [WSJ Law Blog]

Morning Docket: 06.12.07

* Really, Baker, you're gonna appeal? Listen, let it go. Nobody wants this guy in jail. [New York Times via How Appealing]

* Who will patrol the guardsmen? [New York Times]

* Senate seven votes shy on expressing no confidence in Gonzales. [Jurist]

* Rum and coke at a Bears game? [WSJ Law Blog]

* Five unanimous opinions from the U.S. Supreme Court. [SCOTUSblog via How Appealing]

Non-Sequiturs: 05.22.07

Madonna Frozen Above the Law blog.jpg* Duke, race, and why the honor code is harder to understand than "Fuqua" is to pronounce. [CNN; The News & Observer]

* When a woman rushes into the bathroom and emerges with no powder of any kind on her nose, it means she's stealing your identity, fool. [Los Angeles Times]

* If models can insure their legs, surely this guy could have insured his nose. But I'm glad I now know that Zicam can make you oblivious to the smell of pee and chemical fires. [Charleston Daily Mail]

* Another travesty on an unsuspecting public? We seemed to have accepted the whole bottled water thing with little outcry. [Consumer Law & Policy Blog]

* I can really hear Madonna's Frozen playing over a future Dateline segment on this troubled mother. [The Pittsburgh Channel]

Morning Docket: 05.14.07

* Padilla trial set to open. [AP via How Appealing]

* Heck of a plea bargain. [CNN]

* Will they sue like Imus? [BBC News]

* Deportes Perros: former teammate says Vick likes dog fighting. [Atlanta Journal-Constitution]

* Immigration reform: enforcement through local xenophobia. [Jurist]

Non-Sequiturs: 04.26.07

* It could have been the principle of the matter. Or maybe just the drugs. [AL.com]

* Hugh Grant's "assault" looks more like a pas de deux, but in any case, this is way more boring than another Divine Brown. [Daily Mail]

* And here I thought that "bible quiz" was just code for blow-job. [Middletown Journal]

* Australia, ultimately settled by British prisoners, seems to have forgotten its origins. [Fox News]

Morning Docket: 04.23.07

* Sports agent busted for smuggling Cuban baseball players. [ESPN]

* Is your bar licence up to date? [Law.com]

* So a lawyer, an "oilman," and a donkey named Buddy walk into a courtroom... [MSNBC]

* Ohio strippers have to learn new dance steps. [AP via Dispatch]

* UNC's soccer coach uses some really rough language, as does the 4th Circuit. [ABA Journal e-report]

Morning Docket: 03.27.07

* Officers face sanctions in Pat Tillman death in Afghanistan. [CNN; Sportsline]

* Australian at Gitmo pleads guilty to terror charges. [New York Times]

* Is Coke suing itself... for taste infringement? [Law.com]

* DOJ's Monica Goodling to plead the 5th. [CNN]

* Border protection agent gets jail time for taking bribes. [MSNBC]

Non-Sequiturs: 03.06.07

* Will Yalies respond with an NYU-esque gimmick? [Balkinization]

* And some people say raising kids and taking care of the house is a full-time job. Looks like the monetized value of a stay-at-home mom is not always so inflated after all. [Christian Science Monitor via CrimProf Blog]

* You just know that after a few minutes of official union matters, they’re going to be laughing it up about the stuff they see in our bags, and body parts that accidentally (or not) get felt up during pat-downs. [Yahoo! News]

* Another argument in favor of stronger Second Amendment rights? [MSN]

* I know these are the kinds of stories you want, so occasionally, you’ll get them. [WTHR Indianapolis]

Morning Docket: 01.26.07

Jack Bauer 24 Kiefer Sutherland.jpg* When you use YouTube to bootleg 24, the terrorists win. [WSJ Law Blog]

* North Carolina doctors refuse to play executioner; executions temporarily blocked. [Jurist]

* Wal-Mart agrees to cough up $33 million for overtime violations. [FindLaw]

* This wasn't the law already?. [AP via Yahoo!]

* Seven defendants, including the estate of Kenneth Lay, dismissed from Enron shareholder derivative suit. [Jurist]

* Can someone please fix the damn clock in the Lewis Libby courtroom, before every news outlet turns it into a metaphor? [New York Times]

Musical Chairs: Carol Lam On the Lam?

Carol Lam Carol C Lam Southern District of California San Diego Yale College Stanford Law School.JPGIt turns out that Eumi Choi may not be the most controversial Asian-American female in a U.S. Attorney's Office. From the San Diego Union-Tribune (via TPM):

The Bush administration has quietly asked San Diego U.S. Attorney Carol Lam, best known for her high-profile prosecutions of politicians and corporate executives, to resign her post, a law enforcement official said.

Lam, a Bush appointee who took the helm in 2002, was targeted because of job performance issues – in particular that she failed to make smuggling and gun cases a top priority, said the official, who declined to be identified because Lam has yet to step down.

But there may be some personality issues here too:

Lam has had high-profile successes during her tenure, such as the Randy “Duke” Cunningham bribery case – but she alienated herself from bosses at the Justice Department because she is outspoken and independent, said local lawyers familiar with her policies.

If true, this is troubling. The DOJ needs more, not fewer, outspoken minority women. And if the powers-that-be can put up with Eumi Choi and Shanetta Cutlar, surely they can stomach Carol Lam.

Two good quotes re: Lam's being canned for not stressing immigration offenses enough. First, from Michael Attanasio, a criminal defense lawyer and former federal prosecutor:

“This office has clearly made a priority of investigating and prosecuting white collar offenses and has had occasional success doing so. One would think that would be valued by any administration, even if it meant fewer resources were devoted to routine and repetitive border crimes.”

"Routine and repetitive border crimes" -- nice. (Although modifying the reference to "success" with "occasional" was kinda catty.)

And from Professor Mario Conte, former chief of Federal Defenders of San Diego Inc.:

“What do they want her to do, lock up Mexico?”

No, not necessary. But if she could put up a big wall, that might be nice.

Lam Is Asked To Step Down [San Diego Union-Tribune via Talking Points Memo]
Carol Lam bio [U.S. Attorney's Office (S.D. Cal.)]
Carol C. Lam bio [Students & Leaders]

Non-Sequiturs: 12.19.06

* All may not be genetically sound with Suri babies of holoprosencephaly sufferers. (But does genetic perfection really exist?) And once again, wordplay gets us out of the woods of potential litigation by a crazy actor midget. [Overlawyered]

* Jack Abramoff has been hitting the books in the prison law library and will represent himself in two lawsuits filed against him by Indian tribes. I think “kitchen duty and carpentry” is prison-speak for “shower activities.” [Law.com]

* Off-ensive or just off-menu? Not brought to you by the people who brought you this refreshing drink. [Vivir Latino via Racialicious]

* Remember when we used to de-contract words (e.g., “does not” for “doesn’t”) to inch our way towards the minimum word requirement? [FN1] Apparently, this is the only way law school is not like high school. [PrawfsBlawg]

[FN1] Enough already! law professors lament. And yes, smart aleck, footnotes do count toward the word limit.

* Running with Scissors writer Augusten Burroughs is being sued for libel, not for his part in the adaptation of his memoir into the abysmally bad film version. [Vanity Fair]

* Any future husband of mine should be so lucky as to take on “Q” as their last name, or our combined last name. But for the record, could it be that “Buday” is pronounced “booty”? [ACLU of Southern California via PrawfsBlawg]

Morning Docket: 12.14.06

* The feds and the ACLU wrangle over a classified document. Is such use of the grand jury subpoena creative, or improper? [New York Times]

* A Swift (& Co.) crackdown: federal raids on meatpacking plants in six states result in over 1,200 arrests on immigration charges. [Associated Press]

* MoveOn and those Swift Boat Veterans get fined. [New York Times]

* "Seventh Circuit reinstates claim asserting that ... members of the plaintiff classes have bought products or services from some of the defendants that they would not have bought had the defendants not concealed their involvement in slavery." [How Appealing]

* Girls Gone Wild guy gets community service for filming underage women. [MSNBC]

* "College Student Gets Mother-in-Law to Co-Sign $10,000 Loan to Buy Apple Computer, Has $7,800 DOI Income When He Repays Only $2,200 After Taking High-Paying Job at Microsoft." [TaxProf Blog]

* A British police inquiry rejects conspiracy theories concerning the death of Princess Diana, concluding that the 1997 car crash was a "tragic accident." [Associated Press]

* Does anyone know if "ABV D LAW" is taken? [WSJ Law Blog]

Morning Docket: 12.07.06

* They may or may not be activist, but they sure aren't very active. [New York Times via How Appealing]

* These people are going to hell... and maybe jail. [CNN]

* Does a U.S. court have jurisdiction to stay the execution of Saddam Hussein? [Jurist]

* Tie one on...online. [WSJ Law Blog]

* Legal challenges likely to sweeping illegal immigrant county ordinances in Cherokee County, Georgia. [Atlanta Journal-Constitution (free reg. req'd)]

Judge of the Day: John Wilson

Hot House Flowers John H Wilson Above the Law.jpgMost judges exhibit an excess of caution in their out-of-court comments. While understandable, given judicial ethics and decorum, it's disappointing (at least to those of us who write about the judiciary). When judges do speak out, the results can be both informative and entertaining.

Consider the literary exploits of Judge John H. Wilson, a criminal court judge in Brooklyn, New York. From the New York Daily News:

Criminal Court Judge John Wilson's "Hot House Flowers" warns of "effects of unregulated immigration" in a plot line about beautiful flowers that wither when dandelions sneak into their greenhouse.

"It's intended to describe defense of home and defense of country, and the reasons for that defense," said Wilson, who self-published the book, listed on Amazon.com at $15.99.

The story tells of jealous weeds that hog all the water and soil in the greenhouse. The other flowers suffer, but don't do anything until it's almost too late - because they don't want to appear intolerant.

While Judge Wilson's creativity is commendable, we quibble with the greenhouse metaphor. Without illegal immigrants, all flowers, bushes, and lawns in America would die within a week.

We zipped over to the book's listing at Amazon.com, where we enjoyed this comment, by one Jonathan Cohen:

The best story of the dangers of out-of-town dandelions coming in and destroying the greenhouse with their Camaros, mosques, and ethnic cooking flavors.

You'll be flipping the pages until the climactic finale where the hot house flowers, who love the dandelions despite the different colors of their petals, burn a vitamin spike on the dandelions' front lawn. Highly recommended.

Judge is in immig groups' bad books [New York Daily News]
Brooklyn Judge Wants To Make Sure Kids Learn To Hate Immigrants Before Kindergarten [Gawker]
Hot House Flowers - John H. Wilson [Amazon]

Non-Sequiturs: 11.16.06

* I’d rather go naked than eat foie gras. (Wait, is that how it goes? Like Pamela, I’ll find any excuse to show off my glorious rack.) [New York Sun]

* Would it have been a crime if the motive had been a little head-start on Thanksgiving preparations? Not everyone can be Rachel Ray. (Thank the F*&king Lord.) [Rutland Herald]

* You can still smoke in your detached, single-family residence, where the only victims will be you and anyone else likely to live in a detached, single-family residence. Like your kids. [San Mateo Daily Journal]

* If I had received this book as a stocking stuffer when I was 12, I actually would be sad I didn’t get socks instead. Let’s wait for the movie, and then only if it is narrated by Morgan Freeman. He’s just so kind and knowing. If you don’t just love him, well then, there is something seriously wrong with you. [Lowering the Bar]

* But you’ll still be able to gamble and pay someone for sex. [KTNV]

* May we recommend a theatrical adaptation of this instead? Cute, but not offensive. (We think.) [Chicago Tribune]

Non-Sequiturs: 11.08.06

Little Mermaid Above the Law Legal Gossip Site.jpg* While Gawker seems obsessed with the social-climbing aspiration of ex-Skaddenite Melissa Berkelhammer, hopefully we'll soon find out what makes her any worse than the others. [Page Six via Socialite Rank]

* Denmark let the little mermaid stay, and yet they won’t let foreign-born spouses of Danish nationals cross the “Love Bridge.” [Bloomberg].

* Lovin’ might be a mistake, but it’s worth making. (Sorry we didn’t cover the Hilary Duff stalker story, but there are some celebrity stories even we don’t care about.) [AP via Yahoo! News]

* Something(s) undoubtedly went down, but it couldn’t have been as bad as this. Please, Dr. Huxtable, say it ain’t so. [AP via NY Lawyer]

Morning Docket: 11.01.06

* An S.D.N.Y. Bankruptcy Court has given Air America time to pursue the sale of the liberal talk radio network. Interested suitors include Rush, Hannity, and the Monopoly guy. [MSNBC]

* "A federal judge Tuesday temporarily barred Hazleton, Pennsylvania, from implementing a law designed to prevent illegal immigrants from living in the town." [CNN]

* The D.C. Circuit has stayed the order in the "light" cigarette case, pending appeal on the merits. [MSNBC]

* Shout-out to ATL's hottest deans competition in today's YDN. [Yale Daily News]

* Pay no mind to the agent in the dark jacket scribbling in a notebook and watching you vote, swing staters. Although..."The group's concern in Virginia is centered on Chesterfield County, where in 2004 armed guards were placed at polls to 'ward off terrorists.'" OK, send out the feds. [CNN]