Wednesday, December 26, 2018
Supreme Court rejects Trump plea to enforce asylum ban
A divided Supreme Court won’t let the Trump administration begin enforcing a ban on asylum for any immigrants who illegally cross the U.S.-Mexico border. Chief Justice John Roberts joined his four more liberal colleagues Friday in ruling against the administration in the very case in which President Donald Trump had derided the “Obama judge” who first blocked the asylum policy.
New Justice Brett Kavanaugh and three other conservative justices sided with the administration. There were no opinions explaining either side’s votes.
The court’s order leaves in place lower court rulings that blocked Trump’s proclamation in November automatically denying asylum to people who enter the country from Mexico without going through official border crossings.
Trump said he was acting in response to caravans of migrants making their way to the border. The administration had also complained that the nationwide order preventing the policy from taking effect was too broad. But the court also rejected the administration’s suggestion for narrowing it.
Lee Gelernt, an American Civil Liberties Union leading the court challenge, said the high court’s decision “will save lives and keep vulnerable families and children from persecution. We are pleased the court refused to allow the administration to short-circuit the usual appellate process.”
The high court action followed a ruling Wednesday by U.S. District Judge Jon Tigar that kept the ban on hold pending the outcome of a lawsuit challenging it. The case could take months to resolve.
Wednesday, December 19, 2018
Uber loses UK case on worker rights, expected to appeal
Lawyers say the taxi hailing app Uber has lost its appeal against a ruling that its drivers should be classed as workers in a case with broad implications for the gig economy.
Law firm Leigh Day says Britain's Court of Appeal upheld an earlier ruling that found the company's drivers are workers, not independent contractors and therefore should receive the minimum wage and paid holidays. Uber is expected to appeal.
Though the company argued that the case applies to only two drivers, Uber has tens of thousands of drivers in the U.K. who could argue they deserve the same status as the former drivers covered by decision. The court says some 40,000 drivers use the platform in the U.K., though the company said the number had grown since the submission to 50,000.
San Francisco-based Uber has expanded rapidly around the world by offering an alternative to traditional taxis through a smartphone app that links people in need of rides with drivers of private cars. That has drawn protests from taxi drivers who say Uber and similar services are able to undercut them.
Friday, December 14, 2018
The Latest: Macron: No new Brexit accord, ball in UK court
French President Emmanuel Macron says the withdrawal deal on Brexit cannot be renegotiated and that it’s now up to the British Parliament to make the next move.
Macron spoke Friday after an EU summit and a one-on-one meeting with British Prime Minister Theresa May, seeking help from EU leaders to help her sell the deal to skeptical lawmakers.
Macron insisted “there is one accord, the only one possible,” adding “we cannot renegotiate it.” He told reporters that now it’s “the British parliament’s time” to decide whether to accept or reject it.
He said EU leaders are willing to “clarify and discuss” the accord, and said EU leaders at the summit sought to debunk “fantasies” about the so-called backstop for the Irish border.
Romania’s president is stressing how important it is for Romanians and other European Union citizens in the U.K. to have their rights respected after it leaves bloc.
In a meeting with British Prime Minister Theresa May in Brussels, Romanian President Klaus Iohannis said the divorce deal was “important... to guarantee the rights of (Romanians) who live, work or study in Britain.”
Iohannis said all EU citizens living in the U.K. should be treated in a non-discriminatory way, both those currently there and those who move there in the future.
Romania takes over the rotating presidency of the EU on Jan. 1. Britain’s departure from the bloc, scheduled for March 29, occurs on its watch.
Thai court extends detention of refugee sought by Bahrain
A Thai court ruled Tuesday that a soccer player who holds refugee status in Australia can be held for 60 days pending the completion of an extradition request by Bahrain, the homeland he fled four years ago on account of alleged political persecution and torture.
Hakeem al-Araibi, who was detained Nov. 27 upon entry at Bangkok's main airport, was denied release on bail during his court appearance. Thai officials said he was originally held on the basis of a notice from Interpol in which Bahrain sought his custody because he had been sentenced in absentia in 2014 to 10 years in prison for vandalizing a police station, a charge he denies. He came to Thailand on vacation with his wife.
Al-Araibi says he fears being tortured if sent to Bahrain. Australia, which granted him refugee status and residency in 2017, has called for his release and immediate return to his adoptive home. He had played for Bahrain's national soccer team and now plays for Melbourne's Pascoe Vale Football Club. He has been publicly critical of the Bahrain royal family's alleged involvement in sports scandals.
He also has alleged he was blindfolded and had his legs beaten while he was held in Bahrain in 2012.
He said he believed he was targeted for arrest because of his Shiite faith and because his brother was politically active in Bahrain. Bahrain has a Shiite majority but is ruled by a Sunni monarchy, and has a reputation for harsh repression since its failed "Arab Spring" uprising in 2011.
Thai officials insist they are following the letter of the law in holding him, but rights groups suggest he should not have been detained because of his refugee status, and that international law to which Thailand is a party bars sending him to Bahrain if he has a legitimate fear of persecution and even torture. The court can extend the 60-day detention by another 30 days on application of the prosecutor's office, but otherwise he is free to go if Bahrain does not finish its extradition application by then.
Tuesday, December 4, 2018
Court: Man put clothes, ID on stand-in corpse in $2M scheme
A Minnesota man accused of faking his own death seven years ago to collect a $2 million life insurance policy arranged for a stand-in corpse to be dressed in his clothes in Moldova, according to a judge’s detention order.
Igor Vorotinov, 54, also planted his identification on the body before placing the corpse along a road in the Eastern European country, a U.S. judge said in rejecting Vorotinov’s request to be freed pending trial.
U.S. Magistrate Judge Katherine M. Menendez ruled Wednesday that Vorotinov posed too great a flight risk. In her ruling, Menendez said Vorotinov showed “substantial resourcefulness and cunning.”
Vorotinov was indicted in 2015 on one count of mail fraud. He was arrested this month and returned to the U.S.
Prosecutors allege in court documents that Vorotinov took out the life insurance policy in spring 2010 and designated then-wife Irina Vorotinov as the primary beneficiary. The couple divorced later that year.
In 2011, Irina Vorotinov, 51, identified a corpse in Moldova as her husband’s, prosecutors allege. She then returned to the U.S. with a death certificate and cremated remains and received the life insurance payment. Money was then transferred to her son, and to accounts in Switzerland and Moldova.
Indicted US lawmaker to return to court after re-election
Indicted Republican Rep. Duncan Hunter Will is set to return to court Monday for the first time since being re-elected to a sixth term in California amid corruption charges.
The congressman and his wife have pleaded not guilty to a 60-count indictment alleging they spent more than $250,000 in campaign finance funds on family trips, tequila shots and other items. A judge could set a trial date at the hearing in San Diego.
Hunter, a 41-year-old Marine veteran, has said he is looking forward to the trial to defend his name.
Prosecutors say the couple used campaign money to go on $11,000 shopping sprees at Costco and to buy more than $400 in tequila shots. They also went to Italy and Hawaii with their children on the campaign's dime, according to the indictment.
The couple tried to cover their tracks by lying on their campaign reports to the Federal Election Commission, prosecutors say.
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