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Showing posts with label Appeals. Show all posts
Showing posts with label Appeals. Show all posts

Sunday, January 29, 2012

Sacked ANC youth leader appeals

AppId is over the quota
AppId is over the quota
23 January 2012 Last updated at 11:56 GMT Former Youth wing leader Julius Malema of the ruling African National Congress (ANC) takes part on October 27, 2011 in a demonstration to demand jobs and a greater share of South Africa's riches in Johannesburg on October 27, 2011. Julius Malema is a hugely divisive figure in South Africa after a series of controversial statements South Africa's suspended youth leader Julius Malema has appealed against the ruling party's decision to sack him.

He was suspended from the African National Congress (ANC) for five years for sowing division in the party.

Mr Malema's lawyers claim that the decision did not follow proper ANC procedure and want it overturned.

Once a close ally of President Jacob Zuma, Mr Malema is now accusing him of ignoring poor South Africans who voted him into power 2009.

Mr Malema's appeal before the party's Disciplinary Appeals Panel is largely based on the claim that the committee did not give him the opportunity to argue in mitigation of sentence at the end of the disciplinary process.

The ANC suspended him in November 2011 after he was found guilty of three of the charges against him - including bringing the party into disrepute by calling for regime change in democratic Botswana - a position which contravenes party and government policy.

Mr Malema, who once said he would kill for President Zuma is in a bitter contest to unseat him as head of the ANC and wants to replace him with deputy President Kgalema Motlanthe, says the BBC's Milton Nkosi in Johannesburg.

The ANC leader automatically becomes the party's candidate - and therefore strong favourite - in the country's presidential elections in 2014.



Source BBC



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Saturday, October 15, 2011

Federal Appeals Court Blocks Alabama Immigration Law

AppId is over the quota
AppId is over the quota

ATLANTA — A federal appeals court on Friday blocked a key part of Alabama's law that requires schools to check the immigration status of students, temporarily weakening what was considered the toughest immigration law in the nation.

The 11th U.S. Circuit Court of Appeals also blocked a part of the law that allows authorities to charge immigrants who do not carry documents proving their legal status. The three-judge panel let stand a provision that allows police to detain immigrants that are suspected of being in the country illegally.

The ruling was only temporary. A final decision on the law won't likely be made for months.

[Read why Hispanics are key to a victory in the 2012 presidential race.]

Groups who challenged the law said they were hopeful the judges would eventually block the rest of it.

"I think that certainly it's a better situation today for the people of Alabama today than it was yesterday," said Omar Jadwat, an attorney for the ACLU, which challenged the law along with the Obama administration. "Obviously we remain concerned about the remainder of the provisions, and we remain confident that we will eventually get the whole scheme blocked."

Supporters of the law also claimed a partial victory.

Alabama House Speaker Mike Hubbard, who championed the law, said the "most effectual parts" of the law will remain in place.

"We've said from the beginning that Alabama will have a strict immigration law and we will enforce it. Alabama will not be a sanctuary state for illegal aliens, and this ruling reinforces that," he said.

The judges also let stand parts of the law that bar state courts from enforcing contracts involving illegal immigrants and make it a felony for an illegal immigrant to do business with the state for basic things like getting a driver's license.

Alabama Republicans have long sought to clamp down on illegal immigration and passed the law earlier this year after gaining control of the Legislature for the first time since Reconstruction. Alabama Gov. Robert Bentley signed the measure, saying it was crucial to protect the jobs of legal residents amid the tough economy and high unemployment.

The law has already had a deep impact in Alabama since a federal judge upheld much of it in late September. Many frightened Hispanics have been driven away from Alabama, fearing they could be arrested or targeted by police. Construction workers, landscapers and field hands have stopped showing up for work, and large numbers of Hispanic students have been absent from public schools.

To cope with the labor shortage, Alabama agriculture commissioner John McMillan at one point suggested farmers should consider hiring inmates in the state's work-release program.

It's not clear exactly how many Hispanics have fled the state. Earlier this week, many skipped work to protest the law, shuttering or scaling back operations at chicken plants, Mexican restaurants and other businesses.

Immigration has become a hot-button issue in Alabama over the past decade as the Hispanic population has grown by 145 percent to about 185,600 people, most of them of Mexican origin. The Hispanic population represents about 4 percent of the state's 4.7 million people, but some counties in north Alabama have large Spanish-speaking communities and schools where most of the students are Hispanic.

[Read about Obama's four ways forward on immigration.]

Requiring school officials to check the immigration status of students in public schools helped make the Alabama law stricter than similar measures enacted in Arizona, Utah, Indiana and Georgia. Federal judges in those states have blocked all or parts of those laws.

Arizona Gov. Jan Brewer earlier this year asked the U.S. Supreme Court to resolve the legal fight over her state's tough immigration law.

The Justice Department called the Alabama law a "sweeping new state regime" in court filings last week and urged the appeals court to forbid states from creating a patchwork of immigration policies. The agency also said the law could strain diplomatic relations with Latin American countries, who have warned the law could impact millions of workers, tourists and students in the U.S.



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Friday, October 14, 2011

Appeals court blocks parts of Alabama immigration law

AppId is over the quota
AppId is over the quota
A U.S. flag is seen in Normal, Illinois March 30, 2011. REUTERS/Eric Thayer

A U.S. flag is seen in Normal, Illinois March 30, 2011.

Credit: Reuters/Eric Thayer

By Verna Gates

BIRMINGHAM, Ala | Fri Oct 14, 2011 6:25pm EDT

BIRMINGHAM, Ala (Reuters) - A U.S. appeals court on Friday temporarily blocked Alabama from enforcing part of its tough new immigration law but allowed some disputed portions to remain in effect.

The U.S. Court of Appeals for the 11th Circuit, based in Atlanta, halted the controversial provision that permits Alabama to require public schools to determine the legal residency of children upon enrollment.

But the court ruled the state could continue to authorize police to detain people suspected of being in the country illegally if they cannot produce proper documentation when stopped for any reason.

The Obama administration and a coalition of civil rights groups had sought to stop the law while it was under court review, arguing it has led some illegal immigrants in Alabama to pull their children out of school and even flee the state.

The Justice Department also contends the measure, passed by large margins in both chambers of the Republican-led legislature earlier this year, interferes with the federal government's exclusive authority over immigration.

State lawmakers argue they were forced to act, saying the Obama administration had not done enough to stem the flow of illegal immigrants into the country.

There are an estimated 11.2 million illegal immigrants in the United States, including between 75,000 and 160,000 in Alabama, according to the Pew Hispanic Center.

Under the ruling issued on Friday, Alabama can bar illegal immigrants from entering into commercial contracts with the state or local governments and applying for or renewing drivers' licenses, identification cards or license plates.

"Once again, we're pleased that the majority and most effectual parts of this law will remain in place," said Alabama House Speaker Mike Hubbard, a Republican.

"While the federal government sues to prolong and exacerbate the illegal immigration problem, Alabama is taking action to ensure the laws of our land are upheld."

The Justice Department said it looked forward to the appeals court giving further consideration to its arguments for blocking other key provisions of the law.

"We are pleased that the Eleventh Circuit has blocked Alabama's registration provisions which criminalized unlawful presence and chilled access to a public education," the department said in a statement.

(Additional reporting by Kelli Dugan in Mobile and James Vicini in Washington; Writing by Colleen Jenkins; Editing by Jerry Norton)



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