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.