Tuesday, September 27, 2011

SUPREME COURT NOT YET GRANTING CERTIORARI TO ARIZONA SB 1070 CASE

The latest list of cases which the Court has granted certiorari is in.  Here they are.

10-1018  FILARSKY, STEVE A. V. DELIA, NICHOLAS B.
This is Fourth Amendment case about warrantless searches.

10-1211  VARTELAS, PANAGIS V. HOLDER, ATT'Y GEN.
The petitions for writs of certiorari are granted.
Vartelas is a legal permanent resident who plead guilty to having conspired to make or possess a counterfeit security.  Vartelas argues his crime is not one making him removable by the United States.   

10-1399  ROBERTS, DANA V. SEA-LAND SERVICES, ET AL.
The petition for a writ of certiorari is granted
limited to Question 1 presented by the petition.
This case involves statutory interpretation of the Longshore and Harbor Workers’ Compensation Act, 33 U.S.C. 901 et seq.  Does the statute fixing the formula for compensation apply to the year in which the injury occurs or the year in which the order issues?

10-1472  TANIGUCHI, KOUICHI V. KAN PACIFIC SAIPAN, LTD.
The petition for a writ of certiorari is granted.
This is a Tort Action where the defendant was awarded Summary Judgment and given an award for translation services.  A division among the Circuits on this issue brings this case to the Supreme Court. 

10-1542) HOLDER, ATT'Y GEN. V. GUTIERREZ, CARLOS M.
10-1543) HOLDER, ATT'Y GEN. V. SAWYERS, DAMIEN A.
The petitions for writs of certiorari are granted. The cases are consolidated and a total of one hour is allotted for oral argument. These cases involve a split in the Circuits over the statutory interpretation of the cancellation-of-removal statute, 8 U.S.C. 1229b(a).  the Ninth Circuit has refused to reconsider its rule permitting an alien to "impute" his parent’s period of residence after having acquired lawful permanent resident (LPR) status, or after having been admitted in any status, to gain his own eligibility for cancellation-of-removal relief.

10-9995  WOOD, PATRICK V. MILYARD, WARDEN, ET AL.
The motion of petitioner for leave to proceed in forma pauperis is granted. The petition for a writ of certiorari is granted limited to the following questions: 1) Does an appellate court have the authority to raise sua sponte a 28 U.S.C. §2244(d) statute of limitations defense? 2) Does the State’s
declaration before the district court that it “will not challenge, but [is] not conceding, the timeliness of Wood’s habeas petition,” amount to a deliberate waiver of any statute of limitations defense the State may have had?

11-139   UNITED STATES V. HOME CONCRETE & SUPPLY, ET AL.
The petition for a writ of certiorari is granted. This is a Tax Case determining the effect of understatement of gross income attributable to overstatement of basis is an omission from gross income triggering the extended six year assessment period.

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