Tuesday, February 28, 2012

New Hampshire Same-Sex Marriage Law Faces Challenges by State GOP

The Wall Street Journal's Law Blog reported that Republican lawmakers in New Hampshire are pushing to repeal the state's same-sex marriage law. The bill would define marriage as a "legally recognized union between one man and one woman" and would allow for civil unions defined as "a contractual agreement that provides reciprocal benefits and obligations to the parties of the agreement."


If the bill passes, Governor John Lynch (D) has promised to veto it. However, the Republicans still would be able to overcome the veto since they control both the state House and Senate. New Hampshire could become the first state to repeal a same-sex marriage bill. 


There are some members of the GOP in New Hampshire who are concerned about the potential backlash from repealing the same-sex marriage law and would rather focus on cutting spending and other pertinent issues. The New Hampshire House will need to vote by March 29, 2012, before it can be sent to the state Senate. 


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 mattersreal estate purchase and salescondominium associationscriminal defensenon-profit law, civil litigation, business litigationbusiness law, probate matters including wills, powers of attorney, health care proxy, same-sex parent adoptionsguardianshipsanimal law, or LGBT legal matters.

Friday, February 24, 2012

United States v. Farrell Decision By US Court of Appeals for First Circuit

In a new ruling of the United States Court of Appeals for the First Circuit, the court determined that the Massachusetts crimes of burglary or breaking and entering may not be a violent felony for armed career offender purposes.   The definition of crime of violence for that law is similar to the definition applicable to determining whether the crime is a crime of violence for immigration purposes.   Immigrants in removal proceedings based upon aggravated felonies or crimes of moral turpitude arising from convictions for burglary or breaking and entering may have new arguments for relief.   The case is United States v. Farrell,  First Circuit Court of Appeals, February 17, 2012.


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 mattersreal estate purchase and salescondominium associationscriminal defensenon-profit law, civil litigation, business litigationbusiness law, probate matters including wills, powers of attorney, health care proxy, same-sex parent adoptionsguardianshipsanimal law, or LGBT legal matters.

Thursday, February 23, 2012

USCIS Currently Not Accepting Waiver Applications For Extreme Hardship (I-601)

United States Customs and Immigration Services (USCIS) issued a notification that it is not accepting waiver applications (I-601) for extreme hardship to United States citizens on behalf of immigrants in the United States without documentation or unlawfully at this time.  USCIS stated that it intended to publish a final regulation proposal in the next several months to allow citizen spouses or parents to receive a provisional waiver of the unlawful presence bars before leaving the United States.  Once comments are received and if the proposed rule is published in the Federal Register,  USCIS will likely implement the provisional waiver program.  Until that time, all applications for provisional waivers will be returned.


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 mattersreal estate purchase and salescondominium associationscriminal defensenon-profit law, civil litigation, business litigationbusiness law, probate matters including wills, powers of attorney, health care proxy, same-sex parent adoptionsguardianshipsanimal law, or LGBT legal matters.

Wednesday, February 22, 2012

Federal Tax Crimes Considered Aggravated Felonies For Aliens

The United States Supreme Court held in Kawashima v. Holder that aliens who commit certain federal tax crimes are at risk of deportation because such crimes fall under "fraud or deceit" under 8 U.S.C. sec. 1101(a)(43)(M)(i) and are considered "aggravated felonies as defined in the Immigration and Nationality Act, 8 U.S.C. sec. 1101 et seq, when the loss to the Government exceeds $1,000."

Justice Ginsburg dissented on the grounds that the Court's holding was too broad and "sweeps a wide variety of federal, state, and local tax offenses - including misdemeanors - into the 'aggravated felony' category." Justice Ginburg also noted that the decision would have a negative impact from a policy standpoint since it "may discourage aliens from pleading guilty to tax offenses less grave than tax evasion, thereby complicating and delaying enforcement of the internal revenue laws." Justice Ginburg's dissent was joined by Justice Breyer and Justice Kagan.

The Court rendered its decision in the case of Kawashima v. Holder on February 21, 2012.


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 mattersreal estate purchase and salescondominium associationscriminal defensenon-profit law, civil litigation, business litigationbusiness law, probate matters including wills, powers of attorney, health care proxy, same-sex parent adoptionsguardianshipsanimal law, or LGBT legal matters.

Tuesday, February 21, 2012

Marijuana Laws in Massachusetts: Commonwealth v. Keefner

The Massachusetts Supreme Judicial Court (SJC) held in Commonwealth v. Keefner that even though simple possession of marijuana has been decriminalized in Massachusetts, possession of any amount, with the intent to distribute it, remains a crime.

The state's decriminalization of marijuana law was approved by voters in a November 2008 referendum. The law changed the status of the possession of one ounce or less of marijuana from a criminal offense to a civil offense, with a penalty of $100 and forfeiture of the marijuana. If the offender is under eighteen years of age, the youthful offender will have to pay the fine, which may be increased to $1,000, and attend a drug abuse counseling course that must be completed with one year of the offense.

The SJC held that voters intended the decriminalization of marijuana law to exclude from the law's reach "the separate and distinct crime of possession (of any amount of a controlled substance) with intent to distribute." The SJC declined to define the extent of all acts that fall under "distribute" but did explain that prosecution is not limited solely to situations involving a sale of marijuana.

The SJC also held that police officers are not permitted to conduct warrantless, non-consensual searches on individuals they have probable cause to believe possesses marijuana in order to prove the civil offense has occurred.

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 mattersreal estate purchase and salescondominium associationscriminal defensenon-profit law, civil litigation, business litigationbusiness law, probate matters including wills, powers of attorney, health care proxy, same-sex parent adoptionsguardianshipsanimal law, or LGBT legal matters.

Friday, February 17, 2012

SJC Rules Homestead Statute Does Not Protect House in Trust in Boyle v. Weiss

The Massachusetts Supreme Judicial Court (SJC) ruled that the holder of a beneficial interest in a trust that holds title to real estate and resides in the said real estate cannot acquire an estate of homestead in the said land and building under G.L. c. 188, sec. 1.

In Boyle v. Weiss, Maria A. Boyle recorded a declaration of homestead in a property in Lowell where she resided. The Lowell property had been conveyed to Boyle by her parents who had placed the property in a trust. Two days after recording a declaration of homestead, Boyle filed for bankruptcy, claiming an exemption for her beneficial interest in the trust, which held title to real property used as her residence. The SJC concluded that under Massachusetts law, a trust beneficiary residing in property owned by a trust may not acquire a homestead estate. The SJC said "...even though the debtor resides in the Lowell property and uses it as her home, as the owner of a fifty percent beneficial interest in the trust that holds title to the property but who does not direct or control the trustee, she cannot validly claim a homestead exemption for the property under the 2004 [Homestead] act."

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 mattersreal estate purchase and salescondominium associationscriminal defensenon-profit law, civil litigation, business litigationbusiness law, probate matters including wills, powers of attorney, health care proxy, same-sex parent adoptionsguardianshipsanimal law, or LGBT legal matters.

Wednesday, February 15, 2012

New Jersey Senate Votes To Approve Same-Sex Marriage

The New York Times reported that the New Jersey Senate voted to legalize same-sex marriage after a similar bill failed two years ago. The measure passed 24 to 16. The State Assembly will vote on the same-sex marriage bill Thursday, February 16, 2012. If the measure passes, Gov. Chris Christie, a Republican, has promised to veto it and supports putting the issue to a referendum. 

If Gov. Christie vetoes the bill, the New Jersey state legislature would be able to override the veto with approval of two-thirds of the state House and Senate. 

Seven states and the District of Columbia have legalized same-sex marriage, including Washington state where Gov. Chris Gregoire signed the bill earlier this week. 

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 mattersreal estate purchase and salescondominium associationscriminal defensenon-profit law, civil litigation, business litigationbusiness law, probate matters including wills, powers of attorney, health care proxy, same-sex parent adoptionsguardianshipsanimal law, or LGBT legal matters.

Wednesday, February 8, 2012

House of Representatives in Washington State Vote Today on Same-Sex Marriage Bill

The Washington state House of Representatives will open the floor for debate this afternoon on the same-sex marriage bill that passed a week ago in the state Senate. 


Reuters has reported that the bill is expected to pass in the House where Democrats hold a big majority. The bill passed the Senate, which is also controlled by the Democrats, on a 28-21 vote. Gov. Christine Gregoire promised to sign the Washington state same-sex marriage bill after it clears the House, with "some speculat[ing] would lead to its enactment next Tuesday, Valentine's Day." Same-sex partners will be able to get married on June 7, 2012. 


However, opponents of same-sex marriage vowed to initiate the process to overturn the legislation should it pass by gathering the required number of signatures (241,153) from registered voters by July 6, 2012 in order to qualify for the November 2012 ballot. Washington voters would then have an opportunity to cast their vote either for an initiative that would either restrict the definition of marriage as between one man and one woman or a referendum for repeal of the same-sex marriage bill - a situation reminiscent of California's Proposition 8. The a 3-judge panel in the 9th Federal Circuit Court of Appeals ruled yesterday that Proposition 8 is unconstitutional - a ruling that could help supporters of same-sex marriage if the Washington state legislation is overturned by voters and challenged in court. 


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 mattersreal estate purchase and salescondominium associationscriminal defensenon-profit law, civil litigation, business litigationbusiness law, probate matters including wills, powers of attorney, health care proxy, same-sex parent adoptionsguardianshipsanimal law, or LGBT legal matters.

Tuesday, February 7, 2012

Pet Trusts Gain Respect

The New York Times published an article describing the difficulties pet owners face when planning for the care of their pets after the owners die. See The Pet Problem published on February 3, 2012.  Glickman Turley LLP is ready to help you develop a comprehensive solution for the care of your pets when you are no longer able to do so.  Attorney Donna Turley was instrumental in writing and advocating for the passage of the recent Massachusetts legislation enabling the establishment of Pet Trusts in Massachusetts.  She is a nationally recognized advocate for animals.  Please call Glickman Turley LLP to discuss taking care of your feathered or four footed loved ones.  Our focus in estate planning is on nontraditional families.

Federal Appeals Court Ruling: California Ban on Same-Sex Marriage is Unconstitutional

The Boston Globe reported that a three-judge panel of the 9th U.S. Circuit Court of Appeals held that California's same-sex marriage ban is unconstitutional and that the lower court "correctly interpreted the U.S. Constitution and Supreme Court precedents when [the judge] declared in 2010 that Proposition 8 was a violation of the civil rights of gays and lesbians." Fifty-two percent of California's voters passed Proposition 8, the law that banned same-sex marriage in the state, during the November 2008 election, igniting public interest around the country.

As of now, it remains unclear when same-sex marriages will be permitted again in California. There was a five-month window before the November 2008 elections where same-sex marriage had been legalized in the state and those marriages have been upheld by the the California Supreme Court.  Opponents of same-sex marriage have vowed to appeal this decision to a bigger 9th Circuit panel and even the U.S. Supreme Court.

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 mattersreal estate purchase and salescondominium associationscriminal defensenon-profit law, civil litigation, business litigationbusiness law, probate matters including wills, powers of attorney, health care proxy, same-sex parent adoptionsguardianshipsanimal law, or LGBT legal matters.


Valentine's Day Action to Celebrate Immigrants Event in Boston

On Tuesday, February 14, 2012, there will be a celebration at Boston City Hall honoring the positive contributions that immigrants offer in Massachusetts. For more information, see the press release below:


When: Tue, February 14, 11am – 12pm
Where: Boston City Hall (1 City Hall Ave., Boston MA 02201) (map)

This Valentine's Day, celebrate all the positive contributions that immigrants offer to Massachusetts! Immigrants represent progress and the future wellbeing of American society. Come and support our Just Communities campaign in front of Boston City Hall! Supporters: AFSC Project VOICE, Boston New Sanctuary Movement, Brazilian Immigrant Center, Cambridge United for Justice With Peace, Centro Presente, CISPES, Immigrant Workers Center Collaborative (IWCC), Jobs With Justice - MA, Justice at Work, Neighbors United for a Better East Boston (NUBE), and Student Immigrant Movement.

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 mattersreal estate purchase and salescondominium associationscriminal defensenon-profit law, civil litigation, business litigationbusiness law, probate matters including wills, powers of attorney, health care proxy, same-sex parent adoptionsguardianshipsanimal law, or LGBT legal matters.

Monday, February 6, 2012

DHS Announced Initiatives For Highly Skilled Immigrants in the United States

The Department of Homeland Security announced a set of initiatives designed to attract and retain highly skilled immigrants in the United States. The Obama Administration has expressed that these immigration reforms will encourage further job creation as the country continues its economic recovery in the future. The President's Council on Jobs and Competitiveness released a report that said, "Highly skilled immigrants create jobs, they don't take jobs."

President Obama stated in his State of the Union address that keeping highly skilled immigrants in the United States will help boost the nation's competitiveness in an ever-changing world economy. His administration supports legislation such as "creating a 'Startup Visa,' strengthening the H-1B program, and 'stapling' green cards to the diplomas of certain foreign-born graduates in science, technology, engineering, and math (STEM) fields."

To read more on the Department of Homeland Security's future administrative reforms for highly skilled immigrants and foreign entrepreneurs, click here.

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 mattersreal estate purchase and salescondominium associationscriminal defensenon-profit law, civil litigation, business litigationbusiness law, probate matters including wills, powers of attorney, health care proxy, same-sex parent adoptionsguardianshipsanimal law, or LGBT legal matters.

Friday, February 3, 2012

Mass. Appeals Court Holds Same-Sex Parents Share Parenting Role in Della Corte v. Ramirez

The Massachusetts Appeals Court held that when there is a marriage between same-sex partners, the need for a second-parent adoption to, at least, confer legal parentage on the nonbiological parent is eliminated when the child is born of the marriage.

In Della Corte v. Ramirez, Gabriella Della Corte appealed a judgment entered in the Suffolk Division of the Probate and Family Court Department maintaining joint legal custody of her child with Angelica Ramirez. Della Corte argued that Ramirez was not the child's legal parent because Ramirez is not the biological parent of the child and that they were not married at the time of conception. The Court held that because Ramirez and Della Corte were married when the child was born, then she is the legitimate child of both parents as "there was no requirement that the parties be married at the time of conception, as the statute plainly states '[a]ny child born,' not 'any child conceived.'"

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 mattersreal estate purchase and salescondominium associationscriminal defensenon-profit law, civil litigation, business litigationbusiness law, probate matters including wills, powers of attorney, health care proxy, same-sex parent adoptionsguardianshipsanimal law, or LGBT legal matters.

Thursday, February 2, 2012

Senate in Washington State Approves Same-Sex Marriage Bill

Washington state inches closer to becoming the seventh state to legalize same-sex marriage, according to a report by CBS News. The measure was passed by the state senate after an hour and a half of debate on the floor Wednesday evening. Four Republicans voted with the majority Democrats in support of the bill on a 28-21 vote. The public gallery was "packed" and "burst into applause" when the bill passed. 


The bill moves on to the House where it is expected to pass and Gov. Chris Gregoire said she will sign it into law. The language of the legislation states that 9,300 couples who are registered as domestic partners would have a two-year window to get married or dissolve their domestic partnership with the deadline set at June 30, 2014. Domestic partnerships will then automatically become marriages. Senior couples where at least one partner is 62 years old or older would be permitted to continue as registered domestic partners in order "to help seniors who don't remarry out of fear they could lose certain pension or Social Security benefits." 


Opponents of same-sex marriage are gearing up to file a referendum against the legislation should the bill be signed into law. They have until June 6, 2012, to obtain 120,577 required signatures to move forward with the referendum. If opponents are able to meet that requirement, same-sex couples would have to wait for the results of the November 2012 election before being able to marry legally. 


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 mattersreal estate purchase and salescondominium associationscriminal defensenon-profit law, civil litigation, business litigationbusiness law, probate matters including wills, powers of attorney, health care proxy, same-sex parent adoptionsguardianshipsanimal law, or LGBT legal matters.

Wednesday, February 1, 2012

Fourth Circuit Reverses Silva-Trevino

In a significant immigration ruling, the fourth circuit court of appeals, encompassing Virginia and other Southern states,  ruled today that a rule of the Board of Immigration Appeals permitting immigration judges to examine police reports and other information to evaluate whether a crime was a crime of moral turpitude violates Federal law.   The Court found that the Attorney General's opinion allowing the immigration courts to examine evidence outside the record of criminal conviction "if doing so is necessary and appropriate"  was without legal basis. The First Circuit, including Massachusetts still permits immigration judges to examine police reports and other records.


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 mattersreal estate purchase and salescondominium associationscriminal defensenon-profit law, civil litigation, business litigationbusiness law, probate matters including wills, powers of attorney, health care proxy, same-sex parent adoptionsguardianshipsanimal law, or LGBT legal matters.