Court Rules Immigrants with Chronic Alcoholism Cannot Be Deported Solely on the Basis of Their Condition
A 3 judge panel in the U.S. 9th Circuit Court of Appeals recently overturned a 50-year-old immigration law that made it difficult for chronic alcoholics to fight deportation. The 2-1 decision was made on the basis that the law assumes that chronic alcoholism is indicative of poor moral character.
Those in favor of overturning the law reasoned that as alcoholism is considered to be a medical disability, targeting people who frequently and excessively drink alcohol violates the protection guarantees of the U.S. Constitution.
Moreover, they argued that the perception of alcoholics as blameworthy for not trying hard enough to recover is an outdated theory and is not supported by medical research. Rather, habitual drinking should be viewed as a symptom of an underlying ailment.
The one dissenting opinion on the panel came from Judge Richard Clifton, who argued that even though alcoholism is considered to be a medical condition, alcoholics still possess free will and can therefore be morally evaluated. He supported his claim by bringing examples of alcoholics who have successfully stopped drinking, stating that chronic alcoholism and habitual drunkenness do not necessarily go hand-in-hand.
http://www.latimes.com/local/lanow/la-me-ln-drunk-immigrant-20160324-story.html
Operators of Ski Resort Accused of Misusing EB-5 Investor Funds
On April 14, the Security and Exchange Commission announced fraud charges and an asset freeze against a ski resort in Vermont that allegedly misused millions of dollars raised through investments solicited under the EB-5 Immigrant Investor Program.
The SEC alleges that Ariel Quiros of Miami, William Stenger of Newport, VT., and their associated companies, raised more than $350 million from EB-5 investors under the false claim that they planned to construct ski resort facilities and a biomedical research facility in Vermont. Investors were told they were investing in one of several projects connected to Jay Peak Inc. and their money would only be used to finance that specific project. Instead, money from investors in later projects was misappropriated to fund deficits in earlier projects. More than $200 million was allegedly used for other-than-stated purposes, including $50 million spent on Quiros’s personal expenses.
According to the SEC’s complaint, Quiros improperly used EB-5 investor funds to purchase a luxury condominium, to pay his income taxes, to pay other taxes unrelated to the investments, and to acquire an unrelated ski resort.
With millions of EB-5 investor dollars diverted into the pockets of the defendants, there is now little money left for the construction of the research facility investors thought they were helping to build. As a result, the immigration petitions of each of those investors is now in jeopardy.
In the ensuing court case, the SEC will seek preliminary and permanent injunctions, financial penalties, and discouragement of ill-gotten gains plus interest. They will also seek conduct-based injunctive relief against Quiros and Stenger along with an officer-and-director bar against Quiros.
http://www.sec.gov/news/pressrelease/2016-69.html
Former ICE Attorney Sentenced to Prison for Falsifying Document in Immigration Case
A few months ago, we wrote about an ex-ICE attorney, named Jonathan Love, who pleaded guilty in January 2016 to a charge that he had falsified a document in an immigration case. The falsified evidence resulted in a deportation order for the client. It was only when irregularities were noted that the case was reopened.
Here is a link to the previous article: http://www.columbian.com/news/2016/jan/16/immigration-lawyer-pleads-guilty/
In federal court on April 20, 2016 Jonathan Love was sentenced to 30 days in prison, 100 hours of community service, one year of supervised release, and a 10-year ban on practicing law.
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