Re: Religious Test for Immigration/Refugee--Lawsuits?

2017-01-31 Thread Nelson Tebbe 

According to the law librarians here, Judge Gee amended the order in Vayeghan. 
It still finds a likelihood of success on the Establishment Clause claim, but 
it downgrades Kiryas Joel to a cf. citation. The passage Micah quoted now reads:

  1.  Petitioner has demonstrated a strong likelihood of success in 
establishing that removal violates the Establishment Clause, the Immigration 
and Nationality Act, and his rights to Equal Protection guaranteed by the 
United States Constitution. See 8 U.S.C. §§ 1151, 1152(a)(1)(A) (“[N]o person 
shall receive any preference or priority or be discriminated against in the 
issuance of an immigrant visa because of the person’s race, sex, nationality, 
place of birth, or place of residence.”); cf. Board of Educ. Of Kiryas Joel 
Vill. Sch. Dist. v. Grumet, 512 U.S. 687, 696, 702–703 (1994).

On Jan 30, 2017, at 6:50 PM, Schwartzman, Micah Jacob (mjs4d) 
> wrote:

The ACLU has filed complaints including Establishment Clause challenges in (at 
least) two cases in California:

1. Vayeghan v. Kelly
https://www.aclusocal.org/sites/default/files/filed_pet_for_writ_of_habeas_corpus_012817.pdf

2. Azad v. Trump
https://www.aclusocal.org/sites/default/files/filed_amended_habeas_pet_complaint_012917.pdf

In Vayeghan, Judge Gee issued an order on Sunday (1/29) and found, in part, 
that:

Petitioner has demonstrated a strong likelihood of success in establishing that 
removal violates the Establishment Clause, the Immigration and Nationality Act, 
and his rights to Equal Protection guaranteed by the United States 
Constitution. See 8 U.S.C. §§ 1151, 1152(a)(1)(A) (“[N]o person shall receive 
any preference or priority or be discriminated against in the issuance of an 
immigrant visa because of the person’s race, sex, nationality, place of birth, 
or place of residence.”); Johnson v. California, 543 U.S. 499, 506–508 (2005); 
Board of Educ. Of Kiryas Joel Vill. Sch. Dist. V. Grumet, 512 U.S. 687, 696, 
702–703 (1994); Vill. of Arlington Heights v. Metro. Housing Dev. Corp., 429 
U.S. 252, 266–67 (1977).

https://www.aclusocal.org/sites/default/files/vayeghan_-_order_re_tro.pdf


On Jan 30, 2017, at 6:32 PM, James Oleske 
> wrote:

The first count of the complaint filed today in the Eastern District of 
Virginia by CAIR lawyers challenging the EO is based on the Establishment 
Clause (the complaint also raises free exercise, equal protection, and APA 
arguments):

https://assets.documentcloud.org/documents/3438649/Complaint-Sarsour-ED-Va.pdf

In addition, the national legal director of the ACLU has indicated that they 
will be challenging the EO on Establishment Clause grounds, and he has 
previewed the argument here:

https://www.justsecurity.org/36936/well-court-trumps-executive-order-refugees-violates-establishment-clause/

- Jim


On Mon, Jan 30, 2017 at 7:11 AM, Hillel Y. Levin 
> wrote:
Is anyone aware of or involved in lawsuits that have been filed challenging the 
distinction between Christian and Muslim refugees/immigrants in Trump's EOs on 
Estab Clause grounds?

--
Hillel Y. Levin
Associate Professor
University of Georgia School of Law
Director, Georgia Law in Atlanta
120 Herty Dr.
Athens, GA 30602
(678) 641-7452
hle...@uga.edu
hillelle...@gmail.com
SSRN Author Page: http://papers.ssrn.com/sol3/cf_dev/AbsByAuth.cfm?per_id=466645

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Re: Religious Test for Immigration/Refugee--Lawsuits?

2017-01-30 Thread James Oleske 
The first count of the complaint filed today in the Eastern District of
Virginia by CAIR lawyers challenging the EO is based on the Establishment
Clause (the complaint also raises free exercise, equal protection, and APA
arguments):

https://assets.documentcloud.org/documents/3438649/Complaint-Sarsour-ED-Va.pdf

In addition, the national legal director of the ACLU has indicated that
they will be challenging the EO on Establishment Clause grounds, and he has
previewed the argument here:

https://www.justsecurity.org/36936/well-court-trumps-executive-order-refugees-violates-establishment-clause/

- Jim


On Mon, Jan 30, 2017 at 7:11 AM, Hillel Y. Levin 
wrote:

> Is anyone aware of or involved in lawsuits that have been filed
> challenging the distinction between Christian and Muslim
> refugees/immigrants in Trump's EOs on Estab Clause grounds?
>
> --
> Hillel Y. Levin
> Associate Professor
> University of Georgia School of Law
> Director, Georgia Law in Atlanta
> 120 Herty Dr.
> Athens, GA 30602
> (678) 641-7452
> hle...@uga.edu
> hillelle...@gmail.com
> SSRN Author Page: http://papers.ssrn.com/sol3/cf_dev/AbsByAuth.cfm?per_id=
> 466645
>
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> To post, send message to Religionlaw@lists.ucla.edu
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Re: Religious Test for Immigration/Refugee--Lawsuits?

2017-01-30 Thread K Chen 
This order refers to an Establisment clause challenge, unable to get to a
better source at the moment.

https://twitter.com/MattHjourno/status/825849711022125057

-Kevin Chen, Esq.

On Jan 30, 2017 10:12 AM, "Hillel Y. Levin"  wrote:

> Is anyone aware of or involved in lawsuits that have been filed
> challenging the distinction between Christian and Muslim
> refugees/immigrants in Trump's EOs on Estab Clause grounds?
>
> --
> Hillel Y. Levin
> Associate Professor
> University of Georgia School of Law
> Director, Georgia Law in Atlanta
> 120 Herty Dr.
> Athens, GA 30602
> (678) 641-7452
> hle...@uga.edu
> hillelle...@gmail.com
> SSRN Author Page: http://papers.ssrn.com/sol3/cf_dev/AbsByAuth.cfm?per_id=
> 466645
>
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> To post, send message to Religionlaw@lists.ucla.edu
> To subscribe, unsubscribe, change options, or get password, see
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>
> Please note that messages sent to this large list cannot be viewed as
> private.  Anyone can subscribe to the list and read messages that are
> posted; people can read the Web archives; and list members can (rightly or
> wrongly) forward the messages to others.
>
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Religious Test for Immigration/Refugee--Lawsuits?

2017-01-30 Thread Hillel Y. Levin 
Is anyone aware of or involved in lawsuits that have been filed challenging
the distinction between Christian and Muslim refugees/immigrants in Trump's
EOs on Estab Clause grounds?

-- 
Hillel Y. Levin
Associate Professor
University of Georgia School of Law
Director, Georgia Law in Atlanta
120 Herty Dr.
Athens, GA 30602
(678) 641-7452
hle...@uga.edu
hillelle...@gmail.com
SSRN Author Page:
http://papers.ssrn.com/sol3/cf_dev/AbsByAuth.cfm?per_id=466645
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