Wednesday, December 12, 2012
Condominium Wins Lawsuit Against Developer for Faulty Work
In what will be good news to condominium associations, the Appeals Court today held that a condominium unit owners' association may recover damages from a builder for negligent design or construction of common area property where damages are reasonably determinable, where the association otherwise lacks a remedy, and where the association acts within the time allowed by the applicable statute of limitations. Wyman v. Ayer Properties , LLC, Mass. Appeals Court Docket No. 11-P-1046. The case involved a builder who renovated an old mill building in Lowell and there were leaks in the roof, windows and masonry. This case effectively gives condominium trustees the right to sue for damages to the common areas. It could also extend what was a one year warranty for new construction to three years, and be interpreted to add the option to recover damages for renovations (as opposed to new construction). Glickman Turley LLP represents condominium trustees and unit owners in litigation, and we welcome this decision.
Thursday, December 6, 2012
"United We Dream"
"United We Dream"
United We Dream (unitedwedream.org) held its annual congress to celebrate its recent gains in helping young people who live in the United States without documentation. The group cited the recent Obama administration program of deferred action for young educated immigrants to remain in the United States without fear of deportation and recent laws in California and Maryland expanding access to state colleges and universities. United We Dream will be very active in supporting comprehensive immigration reform promised by the President and members of Congress.
For representation on immigration matters, please contact Glickman Turley LLP at 617-399-7770.
Glickman Turley's experienced attorneys represent individuals on a wide range of immigration matters, as well as other legal issues. Please contact our attorneys if you wish to discuss representation on immigration matters, real estate purchase and sales, condominium associations, criminal defense, non-profit law, civil litigation, business litigation, business law, trademark law, probate matters including wills, powers of attorney, health care proxy, same-sex co-parent adoptions, guardianships, animal law, or LGBT legal matters.
Wednesday, December 5, 2012
Operating Under the Influence conviction reversed
The Supreme Judicial Court affirmed that a Judge may not instruct a jury that a defendant in an OUI (Operating Under the Influence) charge does not have to take a breathalyzer test. The jury instruction was ruled a violation of defendant's constitutional rights under the Fifth Amendment to the Constitution and the conviction was reversed. (Commonwealth v. Gibson, November 29, 2012).
For representation on OUI charges, please contact Glickman Turley LLP at 617-399-7770.
Glickman Turley's experienced attorneys represent individuals on a wide range of criminal matters, as well as other legal issues. Please contact our attorneys if you wish to discuss representation on immigration matters, real estate purchase and sales, condominium associations, criminal defense, non-profit law, civil litigation, business litigation, business law, trademark law, probate matters including wills, powers of attorney, health care proxy, same-sex co-parent adoptions, guardianships, animal law, or LGBT legal matters.
The Supreme Judicial Court affirmed that a Judge may not instruct a jury that a defendant in an OUI (Operating Under the Influence) charge does not have to take a breathalyzer test. The jury instruction was ruled a violation of defendant's constitutional rights under the Fifth Amendment to the Constitution and the conviction was reversed. (Commonwealth v. Gibson, November 29, 2012).
For representation on OUI charges, please contact Glickman Turley LLP at 617-399-7770.
Glickman Turley's experienced attorneys represent individuals on a wide range of criminal matters, as well as other legal issues. Please contact our attorneys if you wish to discuss representation on immigration matters, real estate purchase and sales, condominium associations, criminal defense, non-profit law, civil litigation, business litigation, business law, trademark law, probate matters including wills, powers of attorney, health care proxy, same-sex co-parent adoptions, guardianships, animal law, or LGBT legal matters.
Immigration Reform Proposed by Hispanic Caucus
The Congressional Hispanic Caucus has proposed comprehensive immigration reform. The proposed legislation includes a path to citizenship for undocumented immigrants, more visas for highly skilled math and science workers, a guest worker program and immigrant verification and enforcement. Both Democrats and Republicans state that they are interested in passing immigration reform next year.
For representation on immigration matters, please contact Glickman Turley LLP at 617-399-7770.
Glickman Turley's experienced attorneys represent individuals on a wide range of immigration matters, as well as other legal issues. Please contact our attorneys if you wish to discuss representation on immigration matters, real estate purchase and sales, condominium associations, criminal defense, non-profit law, civil litigation, business litigation, business law, trademark law, probate matters including wills, powers of attorney, health care proxy, same-sex co-parent adoptions, guardianships, animal law, or LGBT legal matters.
Prosecutorial discretion may be extended to family
Prosecutorial discretion may be extended to family
In an unusual decision, the First Circuit Court of Appeals stayed the deportation of a 21 year old Armenian and his parents for 90 days to allow the Department of Homeland Security to consider their request for deferred action to remain in the United States as an exercise of prosecutorial discretion. The Court noted that the son appeared to meet the criteria for prosectorial discretion set forth by DHS in the Morton memorandum and that while the parents did not strictly meet these criteria, the Government "may well wish to avoid splitting up the family by declining to remove them as well." Gasparian v. Holder (No. 11-2231, First Circuit Court of Appeals, December 3, 2012.)
For representation on immigration matters, please contact Glickman Turley LLP at 617-399-7770.
Glickman Turley's experienced attorneys represent individuals on a wide range of immigration matters, as well as other legal issues. Please contact our attorneys if you wish to discuss representation on immigration matters, real estate purchase and sales, condominium associations, criminal defense, non-profit law, civil litigation, business litigation, business law, trademark law, probate matters including wills, powers of attorney, health care proxy, same-sex co-parent adoptions, guardianships, animal law, or LGBT legal matters.
In an unusual decision, the First Circuit Court of Appeals stayed the deportation of a 21 year old Armenian and his parents for 90 days to allow the Department of Homeland Security to consider their request for deferred action to remain in the United States as an exercise of prosecutorial discretion. The Court noted that the son appeared to meet the criteria for prosectorial discretion set forth by DHS in the Morton memorandum and that while the parents did not strictly meet these criteria, the Government "may well wish to avoid splitting up the family by declining to remove them as well." Gasparian v. Holder (No. 11-2231, First Circuit Court of Appeals, December 3, 2012.)
For representation on immigration matters, please contact Glickman Turley LLP at 617-399-7770.
Glickman Turley's experienced attorneys represent individuals on a wide range of immigration matters, as well as other legal issues. Please contact our attorneys if you wish to discuss representation on immigration matters, real estate purchase and sales, condominium associations, criminal defense, non-profit law, civil litigation, business litigation, business law, trademark law, probate matters including wills, powers of attorney, health care proxy, same-sex co-parent adoptions, guardianships, animal law, or LGBT legal matters.
Monday, November 19, 2012
MA State Colleges and Universities To Allow In-State Tuition For Illegal Immigrants
The Boston Globe reported today that Governor Deval Patrick (D-MA) will direct state colleges and universities to permit illegal immigrants to pay resident in-state tuition and fees when they obtain work permits through the Deferred Action for Childhood Arrivals (DACA) federal program.
DACA is a federal program enacted in June that allows undocumented immigrants aged 30 or younger, who arrived to the US before age 16, to obtain work permits and to avoid deportation for two years. The applicants must meet other requirements to be approved through DACA. The fee is $465.
DACA did not require states to provide in-state tuition to illegal immigrants - President Obama left that as a decision to be made by individual states.
Gov. Patrick will send his directive to the Board of Higher Education today, with the change to take place immediately.
For more on this story, click here.
For representation on immigration matters, please contact Glickman Turley LLP at 617-399-7770.
Glickman Turley's experienced attorneys represent individuals on a wide range of immigration matters, as well as other legal issues. Please contact our attorneys if you wish to discuss representation on immigration matters, real estate purchase and sales, condominium associations, criminal defense, non-profit law, civil litigation, business litigation, business law, trademark law, probate matters including wills, powers of attorney, health care proxy, same-sex co-parent adoptions, guardianships, animal law, or LGBT legal matters.
DACA is a federal program enacted in June that allows undocumented immigrants aged 30 or younger, who arrived to the US before age 16, to obtain work permits and to avoid deportation for two years. The applicants must meet other requirements to be approved through DACA. The fee is $465.
DACA did not require states to provide in-state tuition to illegal immigrants - President Obama left that as a decision to be made by individual states.
Gov. Patrick will send his directive to the Board of Higher Education today, with the change to take place immediately.
For more on this story, click here.
For representation on immigration matters, please contact Glickman Turley LLP at 617-399-7770.
Glickman Turley's experienced attorneys represent individuals on a wide range of immigration matters, as well as other legal issues. Please contact our attorneys if you wish to discuss representation on immigration matters, real estate purchase and sales, condominium associations, criminal defense, non-profit law, civil litigation, business litigation, business law, trademark law, probate matters including wills, powers of attorney, health care proxy, same-sex co-parent adoptions, guardianships, animal law, or LGBT legal matters.
Friday, November 16, 2012
A Challenge to Mandatory Detention
The United States District Court, District of New Jersey ruled in the case of Garfield Gayle, Sheldon Francois, Neville Sukhu v. Janet Napolitano where the issue was whether individuals in removal proceedings are subject to mandatory detention. Mandatory detenetion is "detention without possibility of a bond hearing or any other determination of whether detention is justified based on danger or flight risk."
Plaintiffs were seeking the an order from the court that would prevent "the government from mandatorily detaining them without the opportunity for a fair hearing at which an Immigration Judge ascertains whether they have a substantial challenge to removal and are therefore eligible for an individualized bond hearing."
When the government charges individuals on grounds of removal as enumerated under 8 USC sec. 1226(c) - applying to non-citizens who are "deportable or inadmissible based on specific crimes, including various misdemeanors and minor drug offenses" - they are subjected to mandatory detention. The exception is if an individual can show a very high burden to an IJ that the government is "substantially unlikely to prevail on the charges against them." Mandatory detention can last for months and years.
The Court held that mandatory detention violated the "Due Process Clause of the Fifth Amendment..unless it is reasonably related to the purpose of ensuring availability for removal and protecting the community, and is accompanied by adequate procedural protection." The Court stated that the government had "inadequate hearing procedures violat[ing] the Due Process Clause of the Fifth Amendment and/or the Immigration and Nationality Act, and that [the government] must provide constitutionally-adequate hearings to Named Plaintiffs and proposed class members - ie, hearings that use the proper standard for when mandatory detention applies and to include adequate notice; place the initial burden on the government to establish prima facie deportability or inadmissibility on a ground that triggers mandatory detention; provide the opportunity for Named Plaintiffs and proposed class members to show that they have substantial challenges to removal and are thus not properly subject to mandatory detention; and provide a contemporaneous record of such proceedings."
For representation on immigration matters, please contact Glickman Turley LLP at 617-399-7770.
Glickman Turley's experienced attorneys represent individuals on a wide range of immigration matters, as well as other legal issues. Please contact our attorneys if you wish to discuss representation on immigration matters, real estate purchase and sales, condominium associations, criminal defense, non-profit law, civil litigation, business litigation, business law, trademark law, probate matters including wills, powers of attorney, health care proxy, same-sex co-parent adoptions, guardianships, animal law, or LGBT legal matters.
Plaintiffs were seeking the an order from the court that would prevent "the government from mandatorily detaining them without the opportunity for a fair hearing at which an Immigration Judge ascertains whether they have a substantial challenge to removal and are therefore eligible for an individualized bond hearing."
When the government charges individuals on grounds of removal as enumerated under 8 USC sec. 1226(c) - applying to non-citizens who are "deportable or inadmissible based on specific crimes, including various misdemeanors and minor drug offenses" - they are subjected to mandatory detention. The exception is if an individual can show a very high burden to an IJ that the government is "substantially unlikely to prevail on the charges against them." Mandatory detention can last for months and years.
The Court held that mandatory detention violated the "Due Process Clause of the Fifth Amendment..unless it is reasonably related to the purpose of ensuring availability for removal and protecting the community, and is accompanied by adequate procedural protection." The Court stated that the government had "inadequate hearing procedures violat[ing] the Due Process Clause of the Fifth Amendment and/or the Immigration and Nationality Act, and that [the government] must provide constitutionally-adequate hearings to Named Plaintiffs and proposed class members - ie, hearings that use the proper standard for when mandatory detention applies and to include adequate notice; place the initial burden on the government to establish prima facie deportability or inadmissibility on a ground that triggers mandatory detention; provide the opportunity for Named Plaintiffs and proposed class members to show that they have substantial challenges to removal and are thus not properly subject to mandatory detention; and provide a contemporaneous record of such proceedings."
For representation on immigration matters, please contact Glickman Turley LLP at 617-399-7770.
Glickman Turley's experienced attorneys represent individuals on a wide range of immigration matters, as well as other legal issues. Please contact our attorneys if you wish to discuss representation on immigration matters, real estate purchase and sales, condominium associations, criminal defense, non-profit law, civil litigation, business litigation, business law, trademark law, probate matters including wills, powers of attorney, health care proxy, same-sex co-parent adoptions, guardianships, animal law, or LGBT legal matters.
Thursday, November 15, 2012
Supreme Court to Hear Cases About Dog Sniffing Dogs
The New York Times reported on October 29, 2012, that the US Supreme Court will hear cases involving Aldo, a German shepherd, and Franky, a chocolate Labrador retriever. The cases focus on how accurate a dog's nose is when trained to sniff drugs as interpreted under the Fourth Amendment right against unreasonable search.
In 2005, Justice Stevens opined that a drug-sniffing dog does not invade a human's right to privacy because "no information other than the location of a substance that no individual has any right to possess." In his 2005 dissent, Justice Souter referred to a study that showed "dogs in artificial testing situations return false positives anywhere from 12.5 to 60 percent of the time," and that "[t]he infallible dog...is a creature of legal fiction."
Some drug-sniffing dogs are more accurate than others, and some have good days and bad days, according to the article. The result? Difficulty determining false positives from real ones. In 2006, Aldo sniffed chemicals used for concocting methamphetamines in Clayton Harris's pick up truck in Bristol, Florida, after he had been pulled over by police for driving with an expired license place. The Florida Supreme Court concluded that Aldo was unreliable and "ordered that the evidence he found be suppressed." Franky's case involved whether police are permitted to use drug-sniffing dogs outside of people's homes to detect the scent of drugs and drug-making chemicals. The Florida Supreme Court threw out the evidence brought forth by Franky's nose. The US Supreme Court will hear these cases this month.
For more on this story, click here.
For representation on criminal matters, please contact Glickman Turley LLP at 617-399-7770.
Glickman Turley's experienced attorneys represent individuals on a wide range of immigration matters, as well as other legal issues. Please contact our attorneys if you wish to discuss representation on immigration matters, real estate purchase and sales, condominium associations, criminal defense, non-profit law, civil litigation, business litigation, business law, trademark law, probate matters including wills, powers of attorney, health care proxy, same-sex co-parent adoptions, guardianships, animal law, or LGBT legal matters.
In 2005, Justice Stevens opined that a drug-sniffing dog does not invade a human's right to privacy because "no information other than the location of a substance that no individual has any right to possess." In his 2005 dissent, Justice Souter referred to a study that showed "dogs in artificial testing situations return false positives anywhere from 12.5 to 60 percent of the time," and that "[t]he infallible dog...is a creature of legal fiction."
Some drug-sniffing dogs are more accurate than others, and some have good days and bad days, according to the article. The result? Difficulty determining false positives from real ones. In 2006, Aldo sniffed chemicals used for concocting methamphetamines in Clayton Harris's pick up truck in Bristol, Florida, after he had been pulled over by police for driving with an expired license place. The Florida Supreme Court concluded that Aldo was unreliable and "ordered that the evidence he found be suppressed." Franky's case involved whether police are permitted to use drug-sniffing dogs outside of people's homes to detect the scent of drugs and drug-making chemicals. The Florida Supreme Court threw out the evidence brought forth by Franky's nose. The US Supreme Court will hear these cases this month.
For more on this story, click here.
For representation on criminal matters, please contact Glickman Turley LLP at 617-399-7770.
Glickman Turley's experienced attorneys represent individuals on a wide range of immigration matters, as well as other legal issues. Please contact our attorneys if you wish to discuss representation on immigration matters, real estate purchase and sales, condominium associations, criminal defense, non-profit law, civil litigation, business litigation, business law, trademark law, probate matters including wills, powers of attorney, health care proxy, same-sex co-parent adoptions, guardianships, animal law, or LGBT legal matters.
Wednesday, November 14, 2012
Blue Laws of Massachusetts
The Boston Globe published on its website the Blue Laws of Massachusetts - laws that were enacted 340 years ago by the early settlers. Some of the laws have been ruled as unconstitutional and many are not enforced. Click here to take a look at some of the strange laws existing on the books in the Commonwealth!
For representation, please contact Glickman Turley LLP at 617-399-7770.
Glickman Turley's experienced attorneys represent individuals on a wide range of immigration matters, as well as other legal issues. Please contact our attorneys if you wish to discuss representation on immigration matters, real estate purchase and sales, condominium associations, criminal defense, non-profit law, civil litigation, business litigation, business law, trademark law, probate matters including wills, powers of attorney, health care proxy, same-sex co-parent adoptions, guardianships, animal law, or LGBT legal matters.
For representation, please contact Glickman Turley LLP at 617-399-7770.
Glickman Turley's experienced attorneys represent individuals on a wide range of immigration matters, as well as other legal issues. Please contact our attorneys if you wish to discuss representation on immigration matters, real estate purchase and sales, condominium associations, criminal defense, non-profit law, civil litigation, business litigation, business law, trademark law, probate matters including wills, powers of attorney, health care proxy, same-sex co-parent adoptions, guardianships, animal law, or LGBT legal matters.
Tuesday, November 13, 2012
New Regulations for Foreclosures in MA
The Boston Globe reported that Massachusetts will consider regulations that will assist homeowners avoid foreclosure. Under the proposed regulations, "many mortgage loan servicers would not be able to begin foreclosure proceedings on a borrower already in the process of modifying their loan." Additionally, loan servicers must ensure that the lender has the right to foreclose and that all paperwork is complete. The loan servicers would be required to notify homeowners when they are at risk of foreclosure.
Public comment period is scheduled for November 2012. After the public comment period, the state will have the opportunity to approve or to reject the new regulations. If approved, the regulations would supplement legislation already signed by Governor Deval Patrick back in August.
To read the full story, click here.
For representation on real estate issues, please contact Glickman Turley LLP at 617-399-7770.
Glickman Turley's experienced attorneys represent individuals on a wide range of immigration matters, as well as other legal issues. Please contact our attorneys if you wish to discuss representation on immigration matters, real estate purchase and sales, condominium associations, criminal defense, non-profit law, civil litigation, business litigation, business law, trademark law, probate matters including wills, powers of attorney, health care proxy, same-sex co-parent adoptions, guardianships, animal law, or LGBT legal matters.
Public comment period is scheduled for November 2012. After the public comment period, the state will have the opportunity to approve or to reject the new regulations. If approved, the regulations would supplement legislation already signed by Governor Deval Patrick back in August.
To read the full story, click here.
For representation on real estate issues, please contact Glickman Turley LLP at 617-399-7770.
Glickman Turley's experienced attorneys represent individuals on a wide range of immigration matters, as well as other legal issues. Please contact our attorneys if you wish to discuss representation on immigration matters, real estate purchase and sales, condominium associations, criminal defense, non-profit law, civil litigation, business litigation, business law, trademark law, probate matters including wills, powers of attorney, health care proxy, same-sex co-parent adoptions, guardianships, animal law, or LGBT legal matters.
Friday, November 9, 2012
The Potential for Post-Election Immigration Reform
An editorial published today by Bloomberg highlighted that support for immigration reform is inevitable now that President Obama has been re-elected. The editorial stated that Latinos, known to be a socially conservative demographic, comprised 10 percent of the total vote, giving "Obama almost three votes for every one earned by Romney."
President Obama campaigned on immigration reform that would address the nearly 11 million illegal immigrants in the US. Republican Speaker John Boehner has stated that he is "confident that the president, myself, other can find the common ground to take care of this issue once and for all."
The editorial further noted that: "Standard & Poor’s has found that cities with high immigration levels show improvements in credit ratings, tax bases and per-capita incomes. High-skills immigrants, meanwhile, not only increase productivity but also generate jobs."
For representation on immigration issues, please contact Glickman Turley LLP at 617-399-7770.
Glickman Turley's experienced attorneys represent individuals on a wide range of immigration matters, as well as other legal issues. Please contact our attorneys if you wish to discuss representation on immigration matters, real estate purchase and sales, condominium associations, criminal defense, non-profit law, civil litigation, business litigation, business law, trademark law, probate matters including wills, powers of attorney, health care proxy, same-sex co-parent adoptions, guardianships, animal law, or LGBT legal matters.
President Obama campaigned on immigration reform that would address the nearly 11 million illegal immigrants in the US. Republican Speaker John Boehner has stated that he is "confident that the president, myself, other can find the common ground to take care of this issue once and for all."
The editorial further noted that: "Standard & Poor’s has found that cities with high immigration levels show improvements in credit ratings, tax bases and per-capita incomes. High-skills immigrants, meanwhile, not only increase productivity but also generate jobs."
For representation on immigration issues, please contact Glickman Turley LLP at 617-399-7770.
Glickman Turley's experienced attorneys represent individuals on a wide range of immigration matters, as well as other legal issues. Please contact our attorneys if you wish to discuss representation on immigration matters, real estate purchase and sales, condominium associations, criminal defense, non-profit law, civil litigation, business litigation, business law, trademark law, probate matters including wills, powers of attorney, health care proxy, same-sex co-parent adoptions, guardianships, animal law, or LGBT legal matters.
Thursday, November 8, 2012
Same Sex Marriage Passes in Three More States
The election on November 6, 2012 resulted in three more states allowing same sex marriage: Maine, Maryland, and Washington state. There are now a total of 9 states that have legalized same sex marriage. Three states recognize same sex marriages that are performed outside state lines. For more on this story, click here.
For representation on LGBT rights and same-sex co-parent adoption cases, please contact Glickman Turley LLP at 617-399-7770.
Glickman Turley's experienced attorneys represent individuals on a wide range of immigration matters, as well as other legal issues. Please contact our attorneys if you wish to discuss representation on immigration matters, real estate purchase and sales, condominium associations, criminal defense, non-profit law, civil litigation, business litigation, business law, trademark law, probate matters including wills, powers of attorney, health care proxy, same-sex co-parent adoptions, guardianships, animal law, or LGBT legal matters.
For representation on LGBT rights and same-sex co-parent adoption cases, please contact Glickman Turley LLP at 617-399-7770.
Glickman Turley's experienced attorneys represent individuals on a wide range of immigration matters, as well as other legal issues. Please contact our attorneys if you wish to discuss representation on immigration matters, real estate purchase and sales, condominium associations, criminal defense, non-profit law, civil litigation, business litigation, business law, trademark law, probate matters including wills, powers of attorney, health care proxy, same-sex co-parent adoptions, guardianships, animal law, or LGBT legal matters.
Monday, November 5, 2012
BIA Deadlines Impacted by Hurricane Sandy
"On October 29-30, 2012, the Board of Immigration Appeals (BIA) was closed due to Hurricane Sandy. The BIA will consider timely filed any filing that meets both of these criteria:
- the filing was due on a weekday during the week of October 29, 2012; and
- the BIA received the filing on or before November 5, 2012.
No request or documentation is required for filings that arrive by November 5, 2012. Filings that arrive after November 5, 2012, are subject to normal filing deadlines. If weather is an issue for any filings that the BIA receives after November 5, 2012, parties should consult the BIA Practice Manual, Chapter 3.1(b)(v), on page 34 (“Natural or manmade disasters”). The BIA Practice Manual is available on-line at http://1.usa.gov/Md03oi." -EOIR, Oct. 31, 2012.
For representation on immigration cases, please contact Glickman Turley LLP at 617-399-7770.
Glickman Turley's experienced attorneys represent individuals on a wide range of immigration matters, as well as other legal issues. Please contact our attorneys if you wish to discuss representation on immigration matters, real estate purchase and sales, condominium associations, criminal defense, non-profit law, civil litigation, business litigation, business law, trademark law, probate matters including wills, powers of attorney, health care proxy, same-sex co-parent adoptions, guardianships, animal law, or LGBT legal matters.
Glickman Turley's experienced attorneys represent individuals on a wide range of immigration matters, as well as other legal issues. Please contact our attorneys if you wish to discuss representation on immigration matters, real estate purchase and sales, condominium associations, criminal defense, non-profit law, civil litigation, business litigation, business law, trademark law, probate matters including wills, powers of attorney, health care proxy, same-sex co-parent adoptions, guardianships, animal law, or LGBT legal matters.
Thursday, November 1, 2012
SJC report: Judge Shopping and OUIs
The Boston Globe reported that the Supreme Judicial Court (SJC) in Massachusetts appointed a special counsel to investigate whether "judges in district courts were acquitting drunk drivers at a rate about 20 percentage points higher than juries."
The investigation revealed that there are some courts in Massachusetts that "acquit nearly all of the drunken driving defendants who waive their right to a jury trial." Some judges had near 100 percent acquittals. The special counsel's report stated that juries acquitted OUI cases about 58 percent of the time and judges acquitted nearly 86 percent of the time. The article named Worcester County as one of the areas where judges tend to acquit drunken driving defendants who opt for a bench trial.
The law today allows drunken driving defendants "to avoid the penalty for refusing a breath test, a long license suspension, if they are later acquitted of drunken driving." The report by the special counsel proposed changing the current law. For more on this story, click here.
For representation on OUI cases, please contact Glickman Turley LLP at 617-399-7770.
Glickman Turley's experienced attorneys represent individuals on a wide range of immigration matters, as well as other legal issues. Please contact our attorneys if you wish to discuss representation on immigration matters, real estate purchase and sales, condominium associations, criminal defense, non-profit law, civil litigation, business litigation, business law, trademark law, probate matters including wills, powers of attorney, health care proxy, same-sex co-parent adoptions, guardianships, animal law, or LGBT legal matters.
The investigation revealed that there are some courts in Massachusetts that "acquit nearly all of the drunken driving defendants who waive their right to a jury trial." Some judges had near 100 percent acquittals. The special counsel's report stated that juries acquitted OUI cases about 58 percent of the time and judges acquitted nearly 86 percent of the time. The article named Worcester County as one of the areas where judges tend to acquit drunken driving defendants who opt for a bench trial.
The law today allows drunken driving defendants "to avoid the penalty for refusing a breath test, a long license suspension, if they are later acquitted of drunken driving." The report by the special counsel proposed changing the current law. For more on this story, click here.
For representation on OUI cases, please contact Glickman Turley LLP at 617-399-7770.
Glickman Turley's experienced attorneys represent individuals on a wide range of immigration matters, as well as other legal issues. Please contact our attorneys if you wish to discuss representation on immigration matters, real estate purchase and sales, condominium associations, criminal defense, non-profit law, civil litigation, business litigation, business law, trademark law, probate matters including wills, powers of attorney, health care proxy, same-sex co-parent adoptions, guardianships, animal law, or LGBT legal matters.
Tuesday, October 30, 2012
State Records Show Romney Against New Birth Certificates for Gay Parents
The Boston Globe reported that Massachusetts state records revealed that former Governor Mitt Romney opposed efforts by the Registry of Vital Records and Statistics to revise birth certificate forms for same-sex parents. The Registry of Vital Records made efforts to comply with Massachusetts's 2003 legalization of gay marriage law, but Governor Romney rejected the Registry's efforts because, he said , "The children of America have the right to have a father and a mother...What should be the ideal for raising a child? Not a village, not 'parent A' and 'parent B,' but a mother and a father."
The Registry's plan would allow the box labeled for "father" to be labeled as "father or second parent." Instead, Romney forced the Registry to obtain approval from his legal staff after "individually review[ing] the circumstances of every birth to same-sex parents." Once approval was obtained, "hospital officials and town clerks across the state [were] permited to cross out by hand the word 'father' on individual birth certificates, and then write in 'second parent,' in ink." Handwritten corrections on birth certificates was a violation of existing law.
It was only after Governor Deval Patrick assumed office that the appropriate changes were made to revise the birth certificate forms acknowledging children of same-sex marriages.
Click here to read the story.
For representation, please contact Glickman Turley LLP at 617-399-7770.
Glickman Turley's experienced attorneys represent individuals on a wide range of immigration matters, as well as other legal issues. Please contact our attorneys if you wish to discuss representation on immigration matters, real estate purchase and sales, condominium associations, criminal defense, non-profit law, civil litigation, business litigation, business law, trademark law, probate matters including wills, powers of attorney, health care proxy, same-sex co-parent adoptions, guardianships, animal law, or LGBT legal matters.
The Registry's plan would allow the box labeled for "father" to be labeled as "father or second parent." Instead, Romney forced the Registry to obtain approval from his legal staff after "individually review[ing] the circumstances of every birth to same-sex parents." Once approval was obtained, "hospital officials and town clerks across the state [were] permited to cross out by hand the word 'father' on individual birth certificates, and then write in 'second parent,' in ink." Handwritten corrections on birth certificates was a violation of existing law.
It was only after Governor Deval Patrick assumed office that the appropriate changes were made to revise the birth certificate forms acknowledging children of same-sex marriages.
Click here to read the story.
For representation, please contact Glickman Turley LLP at 617-399-7770.
Glickman Turley's experienced attorneys represent individuals on a wide range of immigration matters, as well as other legal issues. Please contact our attorneys if you wish to discuss representation on immigration matters, real estate purchase and sales, condominium associations, criminal defense, non-profit law, civil litigation, business litigation, business law, trademark law, probate matters including wills, powers of attorney, health care proxy, same-sex co-parent adoptions, guardianships, animal law, or LGBT legal matters.
Thursday, October 25, 2012
Obama's Promise in Off-the-Record Conversation
The President Obama spoke with The Des Moines Register this week and stated off-the-record that "The second thing I'm confident we'll get done next year is immigration reform...And since this is off the record, I will just be very blunt. Should I win a second term, a big reason I will win a second term is because the Republican nominee and the Republican Party have so alienated the fastest-growing demographic group in the country, the Latino community. And this is a relatively new phenomenon."
Governor Mitt Romney has criticized President Obama for making a similar promise back in 2008 - a promise that he could not keep. Governor Romney has stated that should he win the election, he would not support the Dream Act - a bill President Obama tried to pass in December 2010 - and he has not outlined a plan as to how he would address the issue of "more than 11 million illegal immigrants in the United States."
The White House gave The Des Moines Register permission to publish the off-the-record statement, which was part of a conversation President Obama had in order to gain the newspaper's endorsement.
To read the story in The New York Times, click here.
For representation, please contact Glickman Turley LLP at 617-399-7770.
Glickman Turley's experienced attorneys represent individuals on a wide range of immigration matters, as well as other legal issues. Please contact our attorneys if you wish to discuss representation on immigration matters, real estate purchase and sales, condominium associations, criminal defense, non-profit law, civil litigation, business litigation, business law, trademark law, probate matters including wills, powers of attorney, health care proxy, same-sex co-parent adoptions, guardianships, animal law, or LGBT legal matters.
Governor Mitt Romney has criticized President Obama for making a similar promise back in 2008 - a promise that he could not keep. Governor Romney has stated that should he win the election, he would not support the Dream Act - a bill President Obama tried to pass in December 2010 - and he has not outlined a plan as to how he would address the issue of "more than 11 million illegal immigrants in the United States."
The White House gave The Des Moines Register permission to publish the off-the-record statement, which was part of a conversation President Obama had in order to gain the newspaper's endorsement.
To read the story in The New York Times, click here.
For representation, please contact Glickman Turley LLP at 617-399-7770.
Glickman Turley's experienced attorneys represent individuals on a wide range of immigration matters, as well as other legal issues. Please contact our attorneys if you wish to discuss representation on immigration matters, real estate purchase and sales, condominium associations, criminal defense, non-profit law, civil litigation, business litigation, business law, trademark law, probate matters including wills, powers of attorney, health care proxy, same-sex co-parent adoptions, guardianships, animal law, or LGBT legal matters.
Wednesday, October 24, 2012
Dept. of State and Russian Officials: Agreement For Bilateral Adoption Goes Into Force
As of November 1, 2012, an Agreement between the United States and the Russian Federation will go into effect that provides new guidance and procedures with respect to bilateral adoptions. Department of State (DOS) and U.S. Citizenship and Immigration Services (USCIS) have worked closely "to promote a safe, ethical, and transparent adoption process" for intercountry adoptions, according to a statement released by USCIS.
The transition period for all provisions to go into effect with commence on November 1, 2012, and continue for a six to nine months period. The Russian Federation still does not permit American same-sex couples to adopt Russian children.
For more information on the Agreement, click here.
For representation, please contact Glickman Turley LLP at 617-399-7770.
Glickman Turley's experienced attorneys represent individuals on a wide range of immigration matters, as well as other legal issues. Please contact our attorneys if you wish to discuss representation on immigration matters, real estate purchase and sales, condominium associations, criminal defense, non-profit law, civil litigation, business litigation, business law, trademark law, probate matters including wills, powers of attorney, health care proxy, same-sex co-parent adoptions, guardianships, animal law, or LGBT legal matters.
The transition period for all provisions to go into effect with commence on November 1, 2012, and continue for a six to nine months period. The Russian Federation still does not permit American same-sex couples to adopt Russian children.
For more information on the Agreement, click here.
For representation, please contact Glickman Turley LLP at 617-399-7770.
Glickman Turley's experienced attorneys represent individuals on a wide range of immigration matters, as well as other legal issues. Please contact our attorneys if you wish to discuss representation on immigration matters, real estate purchase and sales, condominium associations, criminal defense, non-profit law, civil litigation, business litigation, business law, trademark law, probate matters including wills, powers of attorney, health care proxy, same-sex co-parent adoptions, guardianships, animal law, or LGBT legal matters.
Tuesday, October 23, 2012
DHS Extends Temporary Protected Status for Haitians
USCIS announced earlier this month that DHS extended temporary protected status (TPS) for Haiti for another 18 months. The extension also includes suspension of some requirements for F-1 nonimmigrant Haitian students. The extension will last between January 23, 2013 through July 22, 2014. Those who wish to extend TPS status must re-register during the 60-day re-registration period that runs through November 13, 2012. Applications will be accepted until November 30, 2012. The TPS beneficiaries are those who continually resided in the United States since January 12, 2011.
The extension allows re-registrants to request for a new Employment Authorization Document (EAD). Current EADs that have an expiration date of January 22, 2013 will now expire on July 22, 2013 - this will allow USCIS to process new EADs before the old EADs expire.
The F-1 students will continue "to obtain employment authorization, work an increased number of hours while school is in session, and reduce their course load, while maintaining their F-1 student statues." The extension here will last through July 22, 2012.
For more information, go to www.uscis.gov/tps.
For representation, please contact Glickman Turley LLP at 617-399-7770.
Glickman Turley's experienced attorneys represent individuals on a wide range of immigration matters, as well as other legal issues. Please contact our attorneys if you wish to discuss representation on immigration matters, real estate purchase and sales, condominium associations, criminal defense, non-profit law, civil litigation, business litigation, business law, trademark law, probate matters including wills, powers of attorney, health care proxy, same-sex co-parent adoptions, guardianships, animal law, or LGBT legal matters.
The extension allows re-registrants to request for a new Employment Authorization Document (EAD). Current EADs that have an expiration date of January 22, 2013 will now expire on July 22, 2013 - this will allow USCIS to process new EADs before the old EADs expire.
The F-1 students will continue "to obtain employment authorization, work an increased number of hours while school is in session, and reduce their course load, while maintaining their F-1 student statues." The extension here will last through July 22, 2012.
For more information, go to www.uscis.gov/tps.
For representation, please contact Glickman Turley LLP at 617-399-7770.
Glickman Turley's experienced attorneys represent individuals on a wide range of immigration matters, as well as other legal issues. Please contact our attorneys if you wish to discuss representation on immigration matters, real estate purchase and sales, condominium associations, criminal defense, non-profit law, civil litigation, business litigation, business law, trademark law, probate matters including wills, powers of attorney, health care proxy, same-sex co-parent adoptions, guardianships, animal law, or LGBT legal matters.
Thursday, October 18, 2012
2nd Circuit Federal Appeals Court Strikes Down DOMA
The 2nd U.S. Circuit Court of Appeals in New York held that the Defense of Marriage Act (DOMA) is unconstitutional. The federal appeals court issued the 2-1 ruling, holding that "classification of same-sex spouses was not substantially related to an important government interest" and violated the Equal Protection clause of the U.S. Constitution. The U.S. Supreme Court is expected to hear the case next year.
Click here for more information.
Click here for more information.
For representation, please contact Glickman Turley LLP at 617-399-7770.
Glickman Turley's experienced attorneys represent individuals on a wide range of immigration matters, as well as other legal issues. Please contact our attorneys if you wish to discuss representation on immigration matters, real estate purchase and sales, condominium associations, criminal defense, non-profit law, civil litigation, business litigation, business law, trademark law, probate matters including wills, powers of attorney, health care proxy, same-sex co-parent adoptions, guardianships, animal law, or LGBT legal matters.
Glickman Turley's experienced attorneys represent individuals on a wide range of immigration matters, as well as other legal issues. Please contact our attorneys if you wish to discuss representation on immigration matters, real estate purchase and sales, condominium associations, criminal defense, non-profit law, civil litigation, business litigation, business law, trademark law, probate matters including wills, powers of attorney, health care proxy, same-sex co-parent adoptions, guardianships, animal law, or LGBT legal matters.
Wednesday, October 17, 2012
Children Crossing Mexican Border Up 50% in 2011
The Los Angeles Times reported that there was an increase of unaccompanied children from Central American countries who attempted to cross the Mexican border into the U.S. illegally in hopes of qualifying for asylum. There are significant pockets of growth from three countries: "El Salvador, with 68% more unaccompanied minors; Guatamala, with 72% more; and Honduras, with the number more than doubling, from 1,201 to 2,477." These 2011 statistics were cited in a reported called "Forced From Home: The Lost Boys and Girls of Central America" and the number is expected to rise in 2012.
Click here to read more on this story.
For representation, please contact Glickman Turley LLP at 617-399-7770.
Glickman Turley's experienced attorneys represent individuals on a wide range of immigration matters, as well as other legal issues. Please contact our attorneys if you wish to discuss representation on immigration matters, real estate purchase and sales, condominium associations, criminal defense, non-profit law, civil litigation, business litigation, business law, trademark law, probate matters including wills, powers of attorney, health care proxy, same-sex co-parent adoptions, guardianships, animal law, or LGBT legal matters.
Click here to read more on this story.
For representation, please contact Glickman Turley LLP at 617-399-7770.
Glickman Turley's experienced attorneys represent individuals on a wide range of immigration matters, as well as other legal issues. Please contact our attorneys if you wish to discuss representation on immigration matters, real estate purchase and sales, condominium associations, criminal defense, non-profit law, civil litigation, business litigation, business law, trademark law, probate matters including wills, powers of attorney, health care proxy, same-sex co-parent adoptions, guardianships, animal law, or LGBT legal matters.
Tuesday, October 16, 2012
DACA Estimates and Approvals: October 2012 Update
The Immigration Policy Center has released updated figures on Deferred Action for Childhood Arrivals (DACA) applications. Please click here to read the report that includes "new estimates of those between the ages of 15 and 30, who are not in high school, and who don't have high school diplomas."
USCIS has released its latest data today on DACA applicants. As of October 10, 2012, 4,951 cases have been approved. Please click here for more information.
For representation, please contact Glickman Turley LLP at 617-399-7770.
Glickman Turley's experienced attorneys represent individuals on a wide range of immigration matters, as well as other legal issues. Please contact our attorneys if you wish to discuss representation on immigration matters, real estate purchase and sales, condominium associations, criminal defense, non-profit law, civil litigation, business litigation, business law, trademark law, probate matters including wills, powers of attorney, health care proxy, same-sex co-parent adoptions, guardianships, animal law, or LGBT legal matters.
USCIS has released its latest data today on DACA applicants. As of October 10, 2012, 4,951 cases have been approved. Please click here for more information.
For representation, please contact Glickman Turley LLP at 617-399-7770.
Glickman Turley's experienced attorneys represent individuals on a wide range of immigration matters, as well as other legal issues. Please contact our attorneys if you wish to discuss representation on immigration matters, real estate purchase and sales, condominium associations, criminal defense, non-profit law, civil litigation, business litigation, business law, trademark law, probate matters including wills, powers of attorney, health care proxy, same-sex co-parent adoptions, guardianships, animal law, or LGBT legal matters.
Thursday, October 11, 2012
Prosecutorial Discretion and Same-Sex Relationships
U.S. Immigration and Customs Enforcement (ICE) has issued a memoranda clarifying one of the factors in its assessment of whether to exercise prosecutorial discretion in a case. The family relationships factor includes "two adults who are in a committed, long-term, same-sex relationship." More specifically, they are relationships where the individuals "are each other's sole domestic partner and intend to remain so indefinitely; are not in a marital or other domestic relationship with anyone else; and typically maintain a common residence and share financial obligations and assets."
For more information, click here.
For representation, please contact Glickman Turley LLP at 617-399-7770.
Glickman Turley's experienced attorneys represent individuals on a wide range of immigration matters, as well as other legal issues. Please contact our attorneys if you wish to discuss representation on immigration matters, real estate purchase and sales, condominium associations, criminal defense, non-profit law, civil litigation, business litigation, business law, trademark law, probate matters including wills, powers of attorney, health care proxy, same-sex co-parent adoptions, guardianships, animal law, or LGBT legal matters.
For more information, click here.
For representation, please contact Glickman Turley LLP at 617-399-7770.
Glickman Turley's experienced attorneys represent individuals on a wide range of immigration matters, as well as other legal issues. Please contact our attorneys if you wish to discuss representation on immigration matters, real estate purchase and sales, condominium associations, criminal defense, non-profit law, civil litigation, business litigation, business law, trademark law, probate matters including wills, powers of attorney, health care proxy, same-sex co-parent adoptions, guardianships, animal law, or LGBT legal matters.
Tuesday, October 2, 2012
SJC Ruling: Domestic Partnership Equivalent of Marriage in Mass.
The Massachusetts Supreme Judicial Court (SJC) ruled that a California registered same-sex domestic partnership (RDP) is the equivalent of marriage in Massachusetts in Hunter v. Rose. Hunter and Rose each bore a child during their partnership and under Massachusetts law, "children born into a legal spousal relationship are presumed to be the children of both spouses. Moreover, any child born as a result of artificial insemination with spousal consent is considered to be the child of the consenting spouse." Since parties to RDPs have identical responsibilities and rights as those to marriage, the lower court did not err in awarding physical custody and attorney's fees to Hunter. Click here to read the opinion.
For representation, please contact Glickman Turley LLP at 617-399-7770.
Glickman Turley's experienced attorneys represent individuals on a wide range of immigration matters, as well as other legal issues. Please contact our attorneys if you wish to discuss representation on immigration matters, real estate purchase and sales, condominium associations, criminal defense, non-profit law, civil litigation, business litigation, business law, trademark law, probate matters including wills, powers of attorney, health care proxy, same-sex co-parent adoptions, guardianships, animal law, or LGBT legal matters.
For representation, please contact Glickman Turley LLP at 617-399-7770.
Glickman Turley's experienced attorneys represent individuals on a wide range of immigration matters, as well as other legal issues. Please contact our attorneys if you wish to discuss representation on immigration matters, real estate purchase and sales, condominium associations, criminal defense, non-profit law, civil litigation, business litigation, business law, trademark law, probate matters including wills, powers of attorney, health care proxy, same-sex co-parent adoptions, guardianships, animal law, or LGBT legal matters.
Monday, October 1, 2012
CA First State to Grant Drivers' Licenses to Eligible DACA Applicants
California became the first state to enact a law that would allow immigrants who qualify for the youth deferred action program (DACA) work permits to obtain drivers' licenses. Gov. Jerry Brown signed the bill into law late last night. The Department of Motor Vehicles in California will now accept the documents issued by the government to DACA applicants as proof of legal residence for the purpose of getting a valid driver's license. The purpose of the law is to "make roads safer while letting young immigrants drive to school and to work." Click here to read the Associated Press story on www.huffingtonpost.com.
For representation, please contact Glickman Turley LLP at 617-399-7770.
Glickman Turley's experienced attorneys represent individuals on a wide range of immigration matters, as well as other legal issues. Please contact our attorneys if you wish to discuss representation on immigration matters, real estate purchase and sales, condominium associations, criminal defense, non-profit law, civil litigation, business litigation, business law, trademark law, probate matters including wills, powers of attorney, health care proxy, same-sex co-parent adoptions, guardianships, animal law, or LGBT legal matters.
For representation, please contact Glickman Turley LLP at 617-399-7770.
Glickman Turley's experienced attorneys represent individuals on a wide range of immigration matters, as well as other legal issues. Please contact our attorneys if you wish to discuss representation on immigration matters, real estate purchase and sales, condominium associations, criminal defense, non-profit law, civil litigation, business litigation, business law, trademark law, probate matters including wills, powers of attorney, health care proxy, same-sex co-parent adoptions, guardianships, animal law, or LGBT legal matters.
Wednesday, September 26, 2012
DACA and Potential Pitfall for Job Verification from Employers
The New York Times reported that businesses are concerned about providing job verification documentation for deferred deportation applicants. The Obama Administration announced in June 2012 that young undocumented immigrants will be able to apply for two year deferred deportation while obtaining legal work permits. The program does not allow applicants to gain legal immigration status.
The program has been a source of concern for employers who have been approached by their employees to provide job verification that proves they have been in the country for the requisite time period (for more on if you qualify for DACA, click here.) When applicants admit to being an undocumented workers, employers may have to fire them until the applicants legally obtain a work permit. Also, employers fear that if they agree to provide a job verification request, it will serve as proof that they knowingly hired an undocumented immigrant, which violates federal law. Department of Homeland Security (DHS) has released guidelines that confirm "the businesses could provide verification for deferred deportation applicants. This information will not be shared with the enforcement authorities, 'unless there is evidence of egregious violations of criminal statutes or widespread abuses.'"
For more on this story, click here.
For representation, please contact Glickman Turley LLP at 617-399-7770.
Glickman Turley's experienced attorneys represent individuals on a wide range of immigration matters, as well as other legal issues. Please contact our attorneys if you wish to discuss representation on immigration matters, real estate purchase and sales, condominium associations, criminal defense, non-profit law, civil litigation, business litigation, business law, trademark law, probate matters including wills, powers of attorney, health care proxy, same-sex co-parent adoptions, guardianships, animal law, or LGBT legal matters.
Glickman Turley's experienced attorneys represent individuals on a wide range of immigration matters, as well as other legal issues. Please contact our attorneys if you wish to discuss representation on immigration matters, real estate purchase and sales, condominium associations, criminal defense, non-profit law, civil litigation, business litigation, business law, trademark law, probate matters including wills, powers of attorney, health care proxy, same-sex co-parent adoptions, guardianships, animal law, or LGBT legal matters.
Subscribe to:
Posts (Atom)