Federal Court Appeals Attorney

The Arizona-Mexico Border at Nogales

July 6, 2010 – Less than an hour ago our federal government through Attorney General Eric Holder sued Arizona to stop the enforcement of its state law to enforce immigration laws.   This is the same attorney general that Alex Wathen has had two victories over in the Ninth Circuit recently in immigration cases where the Attorney General tried to keep the immigrants out of our country including one who deserves  political asylum based on religious persecution.  The attorney general opposed those who applied in the court system for legal status but is now taking the opposite position with respect to controlling illegal immigration.  This will be an interesting lawsuit.  The documents filed so far are:

Docket Report – Basic information about the case and a list of the docket entries and documents filed.

1. Complaint – Read Why the Federal Government Opposes Arizona’s Efforts

1-1 CoverSheet – Standard Informational Form in Civil Cases

1-2 Summons – Proposed

1-3 Summons – Proposed

2 Not available for download

3 Notice Availability of Magistrate Judge – This is standard but unlikely to be used in this case.

4-1 Summons Issued – When served with this document the Defendant is commanded to answer in court.

4-2 Summons Issued – When served with this document the Defendant is commanded to answer in court.

This picture below from the past is instructive of the effectiveness of the federal government’s approach to the border:

Ineffective immigration enforcement is the trademark of the federal government.

Federal appeals court attorney Alex Wathen received support from NACBA in one of his appeals.

June 22, 2010 – Houston, Texas -  NACBA the National Association of Consumer Bankruptcy Attorneys filed a brief in support of one of Alex Wathen’s clients in the case of Burnett v. Stewart Title, No. 10-20250 in the United States Court of Appeals for the Fifth Circuit.  NACBA joined Alex Wathen in asking the Fifth Circuit to reverse the lower court ruling which restricts the employment discrimination protection in Section 525 of the Bankruptcy Code.   The lower court ruled that private employers may deny employment to a prospective employee with as a little as a single bankruptcy while at the same time an employer may not terminate an employee who has filed twenty bankruptcies or otherwise discriminate against such an employee.  Alex Wathen is arguing that his client with a single bankruptcy should also be protected from arbitrary discrimination under the plain language of the statute.  NACBA joined in support of Alex Wathen’s client arguing that if the lower court ruling stands it would undermine the fresh start that debtors have under the Bankruptcy Code.  The case is likely to be argued in New Orleans later this year once the Fifth Circuit has had time to study the briefs.  NACBA’s amicus brief is available for viewing and download:

NACBA National Association of Consumer Bankruptcy Attorneys Amicus Brief

Richard H. Chambers United States Court House, Pasadena, California courtesy Wikimedia Commons

Alex Wathen argued two immigration cases before the Ninth Circuit on May 7, 2010.  The Panel hearing both cases consisted of Ninth Circuit Judges Betty Fletcher, Richard Paez, and District Judge Edward R. Korman from the Eastern District of New York.  The cases were argued in the Richard H. Chambers United States Court House in Pasadena, California.  The Ninth Circuit appointed Alex Wathen and his co-counsel first as amici for the petitioners on these cases but when the retained counsels became unavailable Alex Wathen was designated not just to argue as the amicus but also the entire case for both petitioners.

One case involved an asylum application by a Chaldean Iraqi Christian who is seeking political asylum in the United States based on religious persecution.  Attorney General Eric Holder opposed the application claiming that the persecution was based on the sale of beer at the petitioner’s family’s restaurant rather than religion even though the persecutors were motivated by religion.   The petition was granted and the case has been remanded.   Listen to the oral argument recording and read the opinion.

The other case involved an immigrant couple who presented clear evidence that they qualified to stay in the United States yet the immigration judge still denied relief.  Again the Attorney General still opposed this case too.  Listen to the oral argument recording and read the opinion.

While I was listening to oral arguments in order to prepare for my own I heard this particular case argued in front of Judges Noonan, Bybee, and Korman at the Ninth Circuit’s Pasadena court house.   Interestingly enough during another case during the session the arguing counsel’s mobile phone went off.  This case however, is a classic example of My Cousin Vinny in fact the attorney who messed up even sounds a little like Joe Pesci.  First the judges tried to figure out if the appeal had any merit even though such was not obvious to the judges.  After about 3 minutes it becomes obvious that the appeal lacks merit and when the My Cousin Vinny like attorney still does not back down the judges put him in his place!  Listening to this argument is a must – click here:  What Not to do at oral argument: My Cousin Vinny oral argument recording

On March 8, 2010, Alex Wathen argued the case of Buckman v. MCI WorldCom, Inc. , 08-16537 before the Ninth Circuit sitting in San Francisco.  The panel consisted of Judges Hug, Rhinehardt, and Bybee.  Hug asked no questions, Bybee asked a question or two and Rhinehardt asked the most.  The recording can be downloaded here: Ryan Buckman v. MCI WorldCom Oral Argument by Alex Wathen before Judges Procter R. Hug, Jr., Stephen R. Rhinehardt, and Jay S. Bybee of the Ninth Circuit.

The case involved issues such as the scope of the record in a motion for summary judgment whether undesignated but filed portions of depositions should be considered, call in requirements under the Family Medical Leave Act (FMLA) and Americans with Disabilities Act (ADA).

The Oral Argument Calendar tab above has a list of oral argument calendars at the various circuits.  It will be updated and include more details.