Archive for February, 2011

The indefinite detention of Mr. Abufayad

Sunday, February 27th, 2011

Last week I wrote about the case of Tareq Abufayad. The 9th Circuit Court of Appeals allowed him to be removed from the United States because an FBI expert concluded he would become a terrorist in the future. I tried to read between the lines as to the “rest of the story” and invited readers to let me know whether I got it wrong or right. Since the posting, I had communication with people “in the know” and reviewed media reports…

It all depends on how you look at it.

Monday, February 21st, 2011

Sometimes when a court issues a decision, its rendition of the facts helps reinforce the decision it makes. What the court stresses and the order it presents the facts suggests the conclusions that will follow. Often, you can tell the outcome of a case just by reading the court’s statement of the facts. A different court will choose and arrange the facts a different way and come to a different conclusion. A new case out of the Ninth Circuit published on February…

Some considerations if we amend the 14th Amendment.

Sunday, February 13th, 2011

The way U.S. citizenship law works is that being born here usually makes one a citizen. As the Fourteenth Amendment stated, “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.” This was a change from Article I, Section 2, of the Constitution, which states, “Representatives and direct taxes shall be apportioned among the several states which may be included within this…

The never ending never ending wait for a visa

Sunday, February 6th, 2011

I wrote before about my Egyptian friend, Abdulrahim Kewan, on October 17, 2010, “The Never-Ending Wait for a Visa.”  I recounted the legal travails of Mr. Kewan whose efforts to become a permanent resident of the Unite States, which he came to in 1996, turned sour when he made the fateful decision to ask for directions from gate guards at Camp Pendleton when we got lost driving in October 2002. As the old posting and newspaper reports discuss, he was…