text: Before I start, this is not a work. Dat Kid shooting on me, that was a work. Me shooting on Britanica, that was a work. This is not a work. To be honest, I don't really know what to say. When I was first Britanica's assisstant, I'd always help users as much as I could. Often Britanica might not be on for 'x' hours, and so people would come to me and I'd help them with whatever it was. Whether they needed storyline help, thoughts on a new gimmick/character change, or if they wanted me to find a partner for their feud, I'd always be there. And that worked well for a long time. *Fast forward a few months* When Brit told me that she would be stepping down and chose me to continue as GM, honestly I was shocked/grateful that she'd chosen me to continue running IWT. I'd always gave my most to it, and as GM I knew I had an even bigger responsibility. I'll be the 1st to admit it, I've dropped the ball more times than I've wished, but everything I've done has been to make the IWT better. Whether you want to believe that or not is your decision, but the IWT is not made, ran or owned by 1 person. Not 1 person is bigger than IWT. EVERYONE makes IWT and everything I've done is to benefit (at least in theory) everyone. When I saw Big E Rection's video last night, I immediately went to the creative section and skyped Jabri. I thought it was a work, I really did. I didn't think he'd quit. Everyone in life has conflicts from time to time, whether it's through the internet or with your own family, and eventually there's a way to fix it. I was so shocked and sad when I found out it was legit. And then when I saw Danielson and Britanica quit also, I was like - what is happening. But this happens all the time in life. One person does something and some people follow, for an easier way out. And that's their decision, I respect 'em for it. Whether it was personal with me, or whether they just didn't want to be here without Dat Kid, I don't know and frankly it doesn't matter. I hope that IWT can continue to grow and become even more popular throughout the site, because it would be a shame for it to end like this. I really don't know what else to say... but... Thank You.


text:
Dundas Real McCoys stretched their winning streak on home ice to seven games when they edged the Whitby Dunlops, 6-5, in Allan Cup Hockey action on Friday (Feb 10) at the JL Grightmire Arena. The following night, they downed the Dunnies 5-2 in a rematch in Whitby and ran their home and away streak to seven games as well.
Since its streak of success began on Friday, Dec.2 with a 9-6 win over the Norwood Vipers the club has only lost twice in its last 14 games and once in its last 11.
"Our goaltending was the key to both games on the weekend," said coach Ken Mann. "They gave us the chance to win both games, (Jeff) Maund last Friday and (Bryan) Worosz last Saturday. They were great, which always makes us a better hockey club."
Dundas holds second place in the standings with 13 wins, five losses, three overtime losses and three shootout losses. Whitby leads the pack with 18 wins and seven losses. Third place goes to Brantford with a record of 14-10-0-1.
The McCoys have four games left in their regular season schedule. They are hosts to Norwood on Friday (Feb. 17) at 7:45 p.m. in the Grightmire and Sunday (Feb. 19), they play a matinee game against the Blast in the Brantford Community Centre at 2 p.m.
The McCoys season winds up the following weekend, when they host the Blast on Feb. 24 in the Grightmire Arena at 7:45 p.m. before heading to Norwood's Asphode-Norwood Arena to play the Vipers on Sunday, Feb. 26 at 7 p.m.
Scoring for the Real McCoys last Friday were Scott Mifsud with two goals, and single goals by TJ Sakaluk, Mike Amodeo, Brad Jackson, and Darryl Smith. Omar Ennaffati assisted on three scoring plays. Jon Ross, Dan Torres, Adam Van Dam, Terry Shane, and Chuck MacLennan replied for Whitby in a game that degenerated into a series of scuffles and verbal epithets toward the officials by members of the Whitby bench staff.
Maund was particularly strong early in the third period as he turned aside three successive Whitby scoring drives before Van Dam connected on a powerplay at 6:04. MacLennan pulled the Dunlops within a goal of the lead when he drilled a shot off the left goalpost at 12:31 before the penalty parade began.
Saturday night at Whitby, the two clubs traded goals in each of the first two periods before Dundas added three uncontested goals in the final 20 minutes. Ryan Christie and TJ Sakaluk scored twice each with Justin Davis adding the other. For the second consecutive game, league-scoring leader Cam Watson was held pointless, but while the Dunlops kept him off the score sheet, they could not do the same with the rest of the club. Steve Birch and Jason McAuley replied for Whitby.

subset: commoncrawl


text:
Using Technology to Keep Your Home Safe and Comfortable
Electronic home security systems are growing in importance, especially for people who live in the city or suburb. The risk of break-ins and burglaries are greater if you live in a crime-ridden area or in a nice home or apartment. Innovative criminals, thieves and burglars are increasingly using high-tech devices


text: New items have been released. to TOP New items have been released. 【COSMIC 1】【COSMIC 2】A series that makes a strong statement with pieces made using bright chenille yarn and featuring dynamic silhouettes. The base portion uses lustrous mercerized cotton, producing a contrast with the chenille yarn part. ** AUTUMN WINTER 2016 Special Site ** The AUTUMN WINTER 2016 special site has been launched. Please click the image below. to TOP New items have been released. 【PRISM 2】A Baked Stretch series producing a prism-like visual effect with geometric lines and vivid colors. The overlapping colors produce an ever-changing varicolored look with each movement. to TOP New items have been released. 【COSMOS】A series that represents the motif of a galaxy of shining stars in a photo Jacquard. Spiral pleats on the sleeves contribute to a dynamic form. to TOP 新シーズンAUTUMN WINTER 2016がスタートしました。 【OPTICAL 1】A new 3D steam stretch series featuring a striking visual effect achieved through the compression of simple stripes with curves. The vortices produced in the fabric further endow each article with deep expressiveness. 【CUT JACQUARD】A series made of textiles that feature an abstract representation of a horseshoe pattern done in a cut Jacquard weave emanating a natural and rustic feel. The combination of polyester and cotton results in a light weight and quick drying. to TOP 1 2 HOME ISSEY MIYAKE / SEMBA, ISSEY MIYAKE MEN / SEMBA


text:
Travel Dates
I travel regularly to San Francisco, Los Angeles and New York, and am very frequently in Boston. I also schedule sessions in the Berkshires and nationwide. Each trip has a limited number of spots that book quickly, which is why I encourage planning ahead so that you can have the most scheduling options possible. Can't wait to see you soon!
2017 TRAVEL DATES: Continued
SAN FRANCISCO: April/May (dates TBA)
LOS ANGELES: April/May (dates TBA)
BOSTON: April/May (dataes TBA)
NEW YORK: April/May (dates TBA)
More 2017 dates will be added soon.
2017 FALL BERKSHIRE SESSIONS: October 12 - 17 (3 sessions left)
NEW YORK: November 4- 6
BOSTON/BERKSHIRES: Open availability Nov 8 through Dec 10th.
SAN FRANCISCO: February 2- 7 (2 sessions left)
BOSTON/BERKSHIRES: February/March
NEW YORK: March 17 - 20 (2 sessions left)


text:
Banana Bread
Total Time
Prep 20 mins
Cook 25 mins
Mostly from the banana bag, with a few minor changes.
Ingredients Nutrition
- 4 large bananas
- 2 cups all-purpose flour
- 8 tablespoons butter
- 2 eggs
- 3⁄4 cup brown sugar
- 1 teaspoon baking soda
- 1 teaspoon vanilla extract
- 1⁄2 teaspoon salt
- walnuts (optional)
- Preheat oven to 350 degrees.
- Melt butter and blend together with the brown sugar, adding the eggs one at a time.
- Sift together dry ingredients, then add to the blend.
- Cream 3 bananas (I recommend using a blender) until they are liquid, then fold into the mix.
- Spread mix into buttered pan.
- Mash the last banana into chunks, then sprinkle evenly over the mix (the effect of the bananas is like chocolate chips).
- Allow 20-30 minutes bake time.


text:
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June 22, 2012
UNITED STATES OF AMERICA,PLAINTIFF,v.OMAR DOMINGUEZ-VALENCIA, DEFENDANT.
Defendant Omar Dominguez-Valencia is charged with attempted re-entry
into the United States in violation of 8 U.S.C. § 1326. Defendant has
filed a motion to dismiss the indictment (Doc. 43),*fn1
claiming that his underlying deportation and removal violated
his Fifth Amendment due process rights. For the reasons set forth
herein, Defendant's motion to dismiss the indictment is
Defendant legally entered the United States as an immigrant in 1971 at the age of 8. In 1989, he married Sandra Teresa Martinez, a United States citizen. Defendant and Ms. Martinez have two United States citizen children: Adrian Jacob Dominguez (born 1984), and Alexis Summer Dominguez (born 1993).
In October 1988, Defendant was convicted of second degree robbery in violation of California Penal Code § 211, for which he received a sentence of three years. On March 10, 1994, Defendant pleaded no contest to a violation of California Penal Code § 459 (first-degree burglary), and was sentenced to a term of two years, plus five consecutive years for a prior robbery enhancement under California Penal Code § 667.
On February 2, 1998, Defendant was served a Notice to Appear ("NTA") (amended February 11, 1998) charging that he was removable pursuant to 8 U.S.C. § 1227(a)(2)(A)(iii) as an alien convicted of an "aggravated felony" after admission.*fn2 Specifically, the NTA alleged that on March 10, 1994, Defendant was "convicted in the Superior Court of California, County of Los Angeles, for the offense of Burglary, in violation of Section 459 of the California Penal Code." (Doc. 43-2 (McMullen Decl.), Ex. B.)
At Defendant's deportation hearing, held on February 24, 1998, Defendant admitted to the immigration judge ("IJ") that "[o]n March 10, 1994, in Los Angeles, [he was] convicted of burglary[,]" for which he was "sentenced to seven years[.]" (Id., Ex. D ("Transcript") at 3.) On the basis of these admissions, the IJ sustained the charge in the NTA. (Id.)
The IJ explained to Defendant that, since he had entered the United States legally, he could apply directly to the immigration court for an adjustment of status rather than being deported. (Id. at 4.) The IJ explained that such application would be granted only if the IJ waived his convictions and found his U.S. citizen family would suffer "extreme hardship" if he was deported. (Id.) The IJ warned that the process could "take some time." (Id. at 6.)
The IJ also explained that, in the alternative, the IJ could order Defendant immediately deported, and Defendant could subsequently apply to the "immigration service" or the "American Embassy" in Mexico for an adjustment of status, but if Defendant chose that option then there would be "one more ground you'd have to get a waiver for and that's the deportation that you didn't have before." (Id. at 6.)
Defendant stated that he was experiencing medical problems for which he was receiving inadequate treatment in custody, and that as a result of his medical needs, he would choose immediate deportation. The IJ then asked Defendant if he wished to appeal the decision, or if he would accept it, "one or the other." Defendant chose to "accept." (Id.)
The IJ then ordered Defendant removed from the United States, and on that same day, February 24, 1998, Defendant was physically removed to Mexico. The removal order was reinstated in 2000, 2010, and 2011. (Defendant Br. at 8.) On March 1, 2011, a Border Patrol Agent sighted Defendant walking north from the international border fence approximately three miles west of the San Ysidro, CA Port of Entry and apprehended him.
Due process requires that a defendant charged with a violation of Section 1326 must have the right to raise a collateral attack against the underlying removal order prior to trial. United States v. Pallares--Galan, 359 F.3d 1088, 1095 (9th Cir. 2004). In order to sustain a collateral attack under § 1326(d), the defendant must demonstrate: (1) that he "exhausted any administrative remedies that may have been available to seek relief against the order;"
(2) that "the deportation proceedings at which the order was issued improperly deprived [him] of the opportunity for judicial review;" and (3) that "the entry of the order was fundamentally unfair." 8 U.S.C. § 1326(d). "[A] predicate removal order satisfies the condition of being fundamentally unfair for purposes of § 1326(d)(3) when the deportation proceeding violated the alien's due process rights and the alien suffered prejudice as a result." United States v. Arias-Ordonez, 597 F.3d 972, 976 (9th Cir. 2010).
Defendant alleges due process violations both in the IJ's determination that he was subject to removal and in the IJ's alleged failure to advise Defendant of an available form of relief. The Court addresses each argument in turn.
a. Defendant's claim that determination of removability violated due process
Defendant first argues that by "advis[ing Defendant] that proof of a violation of California Penal Code § 459 resulting in a sentence of more than one year establishes an aggravated felony[,]" the IJ violated Defendant's due process rights, since a violation of California Penal Code § 459 is not a categorical aggravated felony, and the immigration service did not offer any documentary evidence proving that Defendant's § 459 conviction was an aggravated felony under the modified categorical approach. (Defendant Br. at 11.)
As a threshold issue, the Court addresses whether Defendant's waiver of his right to appeal the removal proceedings (Transcript at 6) and failure to exhaust this issue foreclose the present challenge. Where a waiver of the right to appeal a removal order is not "considered and intelligent," the waiver and resulting failure to exhaust are excused. United States v. Pallares-Galan, 359 F.3d 1088, 1096 (9th Cir. 2004). Defendant cites PallaresGalan for the broad proposition that "[a] waiver of the right to appeal is not 'considered and intelligent' if it is based on the immigration judge's erroneous advice to an unrepresented alien." (Defendant Br. at 9.) But Pallares-Galan's holding is much narrower:
Where the record contains an inference that the petitioner is eligible for relief from deportation, but the IJ fails to advise the alien of this possibility and give him the opportunity to develop the issue, we do not consider an alien's waiver of his right to appeal his deportation order to be "considered and intelligent."
359 F.3d at 1096 ((citation and quotation marks omitted)). Notwithstanding Defendant's artful characterization of the IJ's conclusion that "removability had been established" as "erroneous advice" (Defendant Br. at 18-19), the IJ's alleged failure to put the government to its proofs is not the same as a failure to advise Defendant regarding eligibility for relief for which the record suggests he is eligible. To hold otherwise would enable any § 1326 defendant challenging the IJ's determination of removability to overcome the exhaustion requirement. Since Defendant has not exhausted this argument, he cannot raise it in the present collateral attack. See 18 U.S.C. § 1326(d)(1).
Defendant's argument fails on the merits as well. The parties agree, as does the Court, that a first-degree ("residential"*fn3 ) burglary conviction under California Penal Code § 459 for which the term of imprisonment is at least one year is an "aggravated felony" within the meaning of the immigration statutes, and that an alien so convicted is subject to removal. In Lopez-Cardona v. Holder, 662 F.3d 1110 (9th Cir. 2011), the Ninth Circuit reasoned that "a conviction for residential burglary under California Penal Code § 459 constitutes a crime of violence because it is a felony 'that, by its nature, involves a substantial risk that physical force against the person or property of another may be used in the course of committing the offense.'" 662 F.3d at 1112 (citing 18 U.S.C. § 16(b)); see also United States v. Becker, 919 F.2d 568, 571 (9th Cir. 1990) (same); 8 U.S.C. § 1227(a)(2)(A)(iii) ("Any alien who is convicted of an aggravated felony at any time after admission is deportable."); 8 U.S.C. § 1101(a)(43)(F) (including within the definition of "aggravated felony" any "a crime of violence (as defined in section 16 of Title 18, but not including a purely political offense) for which the term of imprisonment is at least one year[.]").
Defendant admitted to the IJ that he received a term of imprisonment of seven years for his burglary conviction. (Doc. 43-2, Ex. D. at 3.) Thus, the government can establish that the IJ reached the correct result if it can show that Defendant's § 459 conviction charged in the NTA was a first-degree burglary conviction. See Taylor v. United States, 495 U.S. 575, 600-02 (1990). The evidence the government is permitted to use for this purpose is limited to the record of conviction, which includes "the statutory definition, charging document, written plea agreement, transcript of plea colloquy, and any explicit factual finding by the [state] trial judge to which [the defendant] assented." United States v. Vidal, 504 F.3d 1072, 1086 (9th Cir. 2007) (en banc) (citation and quotation marks omitted).
The Ninth Circuit "permit[s] reliance on an abstract of judgment in combination with a charging document to establish that the defendant pled guilty to a generic crime under the modified categorical approach." Ramirez-Villalpando v. Holder, 645 F.3d 1035, 1040 (9th Cir. 2011). The government has introduced into evidence before this Court a copy of the relevant charging document (the "Information"), and a copy of the abstract of judgment for Defendant's burglary conviction. The Information charged Defendant in Count 1 with "the crime of FIRST DEGREE RESIDENTIAL BURGLARY" (Doc. 44-3 (Ex. 3 to Gov't Br.) at 6 of 52), and the abstract of judgment shows that Defendant pleaded guilty to Count 1, "BURGLARY 1ST[,]" and received a term of imprisonment of two years, in addition to a five-year enhancement (id. at 52 of 52). Thus, the Court holds that the IJ was correct that Defendant was subject to removal on the basis of his § 459 burglary conviction.
Defendant contends that, notwithstanding the documentary record before this Court, the IJ's "finding of removability without an evidentiary basis [in the record before it] violated [Defendant's] due process right to a full and fair hearing in which the government carries its burden of proving removability." (Defendant Br. at 13.) Defendant further argues that this procedural failure prejudiced Defendant, because had the IJ put the government to its proofs, it is possible that the government might have been unable to produce documents from the record of conviction establishing that Defendant has been convicted of first-degree burglary. (Id. at 15.) This argument is not persuasive.
Defendant has not cited any authority for the proposition that an IJ commits a due process violation where the grounds for a removal order are not supported by sufficient evidence in the record. But even assuming that the IJ violated Defendant's due process rights by failing to require an evidentiary showing that the Defendant's § 459 conviction was for first-degree burglary, Defendant must show "'plausible grounds' on which he could have been granted relief from removal" in order to establish prejudice. United States v. ReyesBonilla, 671 F.3d 1036, 1049 (9th Cir. 2012) (finding no prejudice where alien attacked removal order on grounds that he did not waive right to counsel).*fn4 This he cannot do, since Defendant was actually removable on the basis of the charged burglary conviction, as explained above. In reaching this determination, the Court need not limit its review to documents that were before the IJ during the underlying removal proceedings.*fn5
b. Defendant's claim that IJ failed to advise him of available form of relief
Defendant's second argument is that the IJ failed to advise him of a plausible form of relief. The Due Process Clause of the Fifth Amendment requires that an alien in immigration proceedings be "made aware that he has a right to seek relief" so that he has a meaningful opportunity to appeal the denial of that right. United States v. Arrieta, 224 F.3d 1076, 1079 (9th Cir. 2000). "[T]he IJ must advise the alien of this possibility and give him the opportunity to develop the issue." Id. (internal quotations and citation omitted). Essentially, Defendant contends that the IJ advised him of two options for pursuing relief, but failed to advise him of a third, superior option.
This subsection proceeds in three parts. Part 1 explains the two options for relief that were available to Defendant at the time of his deportation proceedings and that were disclosed to him by the IJ. Part 2 explains the alleged third, undisclosed option for relief. Part 3 discusses whether due process required the IJ to disclose the alleged third option of relief to Defendant, and whether the failure to do so caused prejudice.
1. Available options for relief disclosed by IJ ("first option" and "second option")
At the time of his deportation proceedings, Defendant could have sought relief under Section 212(h) of the Immigration and Naturalization Act ("INA"). See 8 U.S.C. § 1182(h). This section allows the Attorney General to waive certain grounds of inadmissibility to permit an alien to apply or reapply "for a visa, for admission to the United States, or adjustment of status," and applies in the case of an immigrant who is the spouse, parent, son, or daughter of a citizen of the United States or an alien lawfully admitted for permanent residence if it is established to the satisfaction of the Attorney General that the alien's denial of admission would result in extreme hardship to the United States citizen or lawfully resident spouse, parent, son, or daughter of such alien.
8 U.S.C. § 1182(h)(1)(B). The Ninth Circuit has explained that a waiver of inadmissibility may be granted under § 212(h) where "(1) the alien is the spouse, parent, or child of a citizen or lawful permanent resident; (2) the exclusion would result in extreme hardship to the citizen or lawfully resident relative; (3) the alien's admission would not be contrary to the national welfare, safety, or security of the United States; and (4) the Attorney General exercises her discretion in the alien's favor." United States v. Arce-Hernandez, 163 F.3d 559, 563 (9th Cir. 1999).
In addition to the requirements in the preceding paragraph, an alien in a deportation proceeding cannot receive a § 212(h) waiver unless it is granted in conjunction with an adjustment of status. In re Bernabella, 13 I. & N. Dec. 42, 43-44 (B.I.A. 1968). Under INA § 245, the Attorney General may, in his discretion, adjust the status of an alien who was inspected and admitted into the United States (such as Defendant) to that of an alien lawfully admitted for permanent residence if (1) the alien makes an application for such adjustment; (2) the alien is eligible to receive an immigrant visa and is admissible to the United States for permanent residence; and (3) an immigrant visa is immediately available to him at the time his application was filed. See 8 U.S.C. § 1255(a). As the husband of a United States citizen, an immigrant visa also would have been immediately available to Defendant upon his wife's petition. See 8 U.S.C. §§ 1151(b)(2)(A)(I), 1154(a)(1)(A)(ii).
Thus, the "first option" for Defendant at the time of his deportation proceedings was to request a continuance of the proceedings and have his wife file a petition for an immigrant visa (which would become available immediately). Then, Defendant could concurrently: (a) seek adjustment of status under INA § 245 and (b) seek a waiver of his criminal convictions pursuant to § 212(h). See United States v. Marco Contreras, No. 08cr03414, 2009 WL 703396, at *3-4 (S.D. Cal. Mar. 17, 2009) (explaining procedure).
Alternatively, as a "second option," Defendant could have declined to seek a continuance of the deportation proceedings, in which case he would have been deported immediately to Mexico. Once there, he could apply for an adjustment of status and a § 212(h) waiver, but he would face an additional obstacle: Under INA § 212(a)(9)(A), his deportation would constitute a separate ground for inadmissibility, until he had remained outside the United States for a period of 20 consecutive years. See 8 U.S.C. § 1182(a)(9)(A)(I); 8 C.F.R. § 212.2(a). Thus, under the "second option," Defendant would need to apply for and receive (a) permission to reapply for admission during the 20-year period, pursuant to 8 U.S.C. § 1182(a)(9)(A)(iii) and 8 C.F.R. § 212.2(a) ("I-212 waiver"). If successful,*fn6 he could then apply from Mexico for (b) an adjustment of status under INA § 245; and (c) a waiver of his criminal convictions pursuant to § 212(h).
At the deportation hearing, the IJ disclosed to Defendant the availability of the "first option" (continuing the deportation proceeding and seeking § 212(h) waiver and adjustment of status). (Defendant Br. at 6 (citing Transcript at 4)). The IJ also offered Defendant the opportunity to take "some time to talk to [his wife] about applying" for this form of relief. (Transcript at 4.) Defendant declined this option, stating that "I have a lot of medical needs" and that "I honestly need to take care of them, because right now they are not being [inaudible] the doctor." (Id.)
In response, the IJ stated: "I am in no way going to stop you from making a decision, but I have to be sure, though, is [sic] that you understand fully the legal effects of your decision." (Id.) The IJ then asked if Defendant understood "that [choosing deportation, i.e., the "second option"] could cause that you would never be allowed to adjust your status because you would have a deportation or a removal on your record," to which Defendant replied: "Um-hm." (Id.)
Later in the hearing, Defendant asked: "[I]f . . . my wife wants to file an adjustment of status it would have to be done through you?" At that point, the IJ repeated the offer to allow Defendant to "take time to [pursue the "first option"] if you want to try[,]" and explained that if he did not pursue that option, the IJ would order him deported. (Id. at 6.) The IJ then explained the "second option," stating that once Defendant was deported, he could "try to do it though the immigration service or through the American Embassy where you're going to be in Mexico, but there's one more ground that you'd have to get a waiver for and that's the deportation that you didn't have before." (Id.)
Ultimately, Defendant chose immediate deportation.
2. Alleged "third option"
Defendant alleges that the IJ failed to advise him of a third avenue of relief, whereby he could immediately apply for advanced adjudication of permission to apply for re-entry prior to his removal, and simultaneously apply for advance parole to return to Mexico while subsequently pursuing the more timely process of obtaining 212(h) waivers and adjustment of status before the immigration judge.
(Defendant Br. at 21.) According to Defendant, an alien pursuing this option would file two applications while remaining in custody in the United States: (a) an application for advance consent to reapply; and (b) an application for advance parole. Meanwhile, the alien would essentially pursue the "first option" by applying to the immigration court for (c) adjustment of status under INA § 245 and (d) a waiver of his criminal convictions pursuant to § 212(h). According to Defendant, if and when the alien received a favorable determination on (a) and (b), the alien could depart the United States and then return, all while (c) and (d) remained pending in the immigration court.
The application for advance consent to reapply is a mechanism for receiving early determination of an I-212 waiver application permitted by 8 C.F.R. § 212.2(j), which states: "An alien whose departure will execute an order of deportation [such as Defendant during his deportation proceedings] shall receive conditional approval [of an I-212 waiver] depending upon his or her satisfactory departure." Defendant correctly explains that "[t]his provision enables an alien interested in adjusting status abroad to know in advance of a removal order whether he would have immediate consent to apply for adjustment of status abroad if he agreed to the removal order." (Defendant Br. at 22.)*fn7 In other words, § 212.2(j) allows an alien to receive an expedited decision on his I-212 waiver, but an alien proceeding under that subsection must make the same showing as under any other part of § 212.2 in order to receive permission to reapply. If the alien submitted his application for an I-212 waiver request in conjunction with an application for adjustment of status that "has been initiated, renewed, or is pending in a proceeding before an immigration judge, the district director must refer the application to the immigration judge for adjudication." 8 C.F.R. § 212.2(e).
"Advance parole," for purposes of immigration law, is the right of an unlawful resident who has applied for adjustment of status to leave the United States without abandoning the right to seek adjustment of status upon his return. Samirah v. Holder, 627 F.3d 652, 658 (7th Cir. 2010) (citing 8 C.F.R. § 212.5(f)). "Revocation of advance parole terminates your 'liberty' to be footloose abroad and requires you to rush back here to preserve your application." Id. The statutory provision authorizing the grant of advance parole is INA § 212(d)(5)(A), which provides:
The Attorney General may . . . in his discretion parole into the United States temporarily under such conditions as he may prescribe only on a case-by-case basis for urgent humanitarian reasons or significant public benefit any alien applying for admission to the United States, but such parole of such alien shall not be regarded as an admission of the alien and when the purposes of such parole shall, in the opinion of the Attorney General, have been served the alien shall forthwith return or be returned to the custody from which he was paroled and thereafter his case shall continue to be dealt with in the same manner as that of any other applicant for admission to the United States.
8 U.S.C. § 1182(d)(5)(A) (emphasis added). Advance parole is not granted as a matter of course; rather, in addition to the showing required by statute, "[t]he Service policy is to grant advance parole to an adjustment applicant only in situations where he is prima facie eligible for adjustment and has equities in the United States which would probably lead to a favorable exercise of discretion." Massoud v. Attorney General of U.S., 459 F. Supp. 672, 677 (D.C. Mo. 1978).
Defendant relies on the USCIS's Adjudicator's Field Manual for the proposition that the limited circumstances under which an alien could apply "for both advance consent to reapply for admission after deportation or removal and advance parole" include:
An alien in the U.S. who is an applicant for adjustment of status . . . before an immigration judge in removal proceedings . . . , and who wishes to resume his or her application for adjustment upon return to this country after a journey abroad.
(Defendant Br. at 22 (citing Adjudicator's Field Manual § 43.1(h) (available at www.uscis.gov)).) The Field Adjudicator's Manual explains that "[s]uch alien's departure (either with or without the advance parole) brings the bar under section 212(a)(9)(A)*fn8 into effect." (Id.) Thus the advance approval of the I-212 waiver application is necessary before the alien departs the country; otherwise, his departure pursuant to a grant of advance parole would "render the alien ineligible for the adjustment of status." (Id.)
According to Defendant, the IJ was on notice that the "third option for obtaining relief from removal was best suited" for Defendant because:
(1) [Defendant] was complaining of medical needs that were not being addressed while in immigration custody and "for that reason" he opted to be removed . . . ; (2) he was married to a United States citizen and had United States citizen children . . . ; and (3) he expressed an interest in pursuing an adjustment of status application through the immigration judge . . . . (Defendant Br. at 23.) Thus, Defendant argues, the "removal order violated due process because he was not 'made aware that he has a right to seek relief' so that he has 'a meaningful opportunity to appeal the fact that he was not advised of that right." For the reasons set forth in the following part, the Court disagrees.
3. Impact of IJ's failure to disclose "third option"
The Ninth Circuit has held that "where the record contains an inference that the petitioner is eligible for relief from deportation, the IJ must advise the alien of this possibility and give him the opportunity to develop the issue." United States v. Arrieta, 224 F.3d 1076, 1079 (9th Cir. 2000). Defendant claims that the removal order violated his due process rights because he was not made aware of the "third option" for relief. This argument fails for two main reasons: First, the IJ did perform his obligation to inform Defendant of available forms of relief, and second, even if the IJ had been obligated to advise Defendant of the "third option," the IJ's failure to do so caused no discernable prejudice.
i. IJ's obligation to advise Defendant of available forms of relief
The IJ did advise Defendant of his eligibility for available forms of relief, since the IJ explained the "first option," and the "first option" is, for the purposes of this analysis, no different than the "third option." Under both the "first" and "third" options, the process for seeking relief from the immigration court is the same: The alien in deportation proceedings seeks a continuance of the proceedings, obtains a visa, and applies to the immigration court for an adjustment of status and a § 212(h) waiver of prior convictions. Thus, under both options, the "relief" that the IJ must discuss with the alien is the § 212(h) waiver (combined with the adjustment of status), and nothing in the "third option" improves the alien's chances of receiving a favorable determination.
The only difference between the "first" and "third" option is that under the "third," the alien files additional paperwork (applications for advance permission to reapply and advance parole) in an effort to temporarily leave the country while the adjustment of status and § 212(h) waiver applications are pending. This additional process is a mechanism for obtaining permission to leave the country, not an independent form of relief from deportation. The Court is unaware of any authority, nor has Defendant cited any, suggesting that due process requires an IJ not only advise an alien in deportation proceedings of all available forms of relief, but also to advise him of all available procedural devices under the immigration statutes--no matter how obscure--that could improve the alien's comfort during the pendency of an application for an available form or relief. Since the IJ advised Defendant of his eligibility for relief under INA § 212(h), the Court finds no due process violation in the failure to also advise Defendant of the ability to temporarily depart the country while his § 212(h) application was pending, assuming Defendant was eligible to depart.*fn9 See United States v. Lopez-Velasquez, 629 F.3d 894, 901 (9th Cir. 2010) ("[A]n IJ's duty is limited to informing an alien of a reasonable possibility that the alien is eligible for relief at the time of the hearing.").
ii. Prejudice
Defendant has failed to show prejudice for at least three reasons. First, Defendant cannot establish prejudice based on the failure to advise him regarding the "third option" because he cannot show "'plausible grounds' for receiving such relief." United States v. Barajas-Alvarado, 655 F.3d 1077, 1089 (9th Cir. 2011). The "plausible grounds" standard "requires some evidentiary basis on which relief could have been granted, not merely a showing that some form of immigration relief was theoretically possible." United States v. Reyes-Bonilla, 671 F.3d 1036, 1050 (9th Cir. 2012). Where, as here, the relief at stake requires a § 212(h) waiver, the alien must show that his deportation would cause "great actual or prospective injury" or "extreme hardship" to his U.S.-citizen family member(s) that goes "beyond the common results of deportation." United States v. Arce-Hernandez, 163 F.3d 559, 564 (9th Cir. 1998) (emphasis in original) (citation and quotation marks omitted). The evidence submitted by Defendant fails to meet this standard.
It is undisputed that Defendant spent a substantial part of the ten years leading up to his 1998 deportation behind bars, and that Defendant did not provide significant economic support to his family when he was outside prison. Additionally, the Probation Officer's Report submitted in connection with Defendant's § 459 conviction in 1994 indicates that Defendant had been using heroin since at least 1990, that he was using on a daily basis at the time of his 1994 arrest (Doc. 44-3, Exhibits to Gov't Br. at 37 of 52), that he had been living with his mother (rather than his wife) at the time of his 1994 arrest (id. at 39 of 52), and that he planned to reside with his mother upon release from custody (id.).
Defendant states in his brief that despite his periods of incarceration, he maintained a strong relationship with his wife, Ms. Martinez (whom he met in 1978 and who appeared at the May 21, 2012 hearing on the present motion to dismiss) and his two children, Adrian and Alexis. (Defendant Br. at 25-26.) The strength of these relationships is buttressed by evidence submitted to the Court in support of Defendant's motion. This evidence includes affidavits from Defendant's wife and children, which speak to the important role played by Defendant, even while he was behind bars, in providing emotional support and guidance to the members of his family (Doc. 45, McMullen Decl., Exs. A(1)-A(3)), as well as a sampling of letters passed between Defendant and his family members during his incarceration (id. at Exs. A(5)-A(8)). Additionally, the declaration of Ms. Martinez explains that relocation to Mexico was not an option for the family, since she and the children were United States citizens who spoke very little Spanish. (Id. at Ex. A(1), p. 2.) Finally, Ms. Martinez's affidavit also states that during the periods when Defendant was not incarcerated, he provided the family with strong domestic support in the form of "child-care and household responsibilities." (Id. at p. 1.)
The Court does not doubt the veracity of these declarations, the closeness of this family, the fact that Defendant was a supportive father despite his legal troubles, or the fact that relocation was not a realistic option for Ms. Martinez, Adrian, and Alexis. However, the record, viewed in its entirety, does not reveal that Defendant's deportation could have caused the type of extreme hardship sufficient to establish a plausible claim to relief under § 212(h). Defendant did not provide essential economic support to his family, and the claim that he provided essential household support is mitigated by the facts that he spent a large part of the ten years leading up to his deportation in prison, that he had suffered from a heroin addiction for much of that period, and that he was living with his mother at the time of his 1994 arrest. Although he has established the emotional hardship of separation, Defendant has failed to provide "additional evidence of extreme hardship beyond the normal deprivation of family support." United States v. Muro-Inclan, 249 F.3d 1180, 1185 (9th Cir. 2001) (finding no plausible claim to § 212(h) relief where alien had "been incarcerated for 10 of the last 13 years); see also Arce-Hernandez, 163 F.3d at 563-64 (finding no plausible claim to § 212(h) relief because allegation that wife was in poor health and would be unable to work in Mexico "describe[d] the typical case of hardship that follows deportation"). Because Defendant "has demonstrated only those hardships that inevitably result from the deportation of a non-citizen who has acquired a citizen family[,]" he has failed to establish a plausible claim to relief under § 212(h).*fn10
Second, Defendant suffered no prejudice because his immediate deportation did not hurt his chances of receiving lawful readmission into the United States. After his deportation, Defendant could lawfully re-enter the United States only upon the successful completion of his application for an I-212 waiver, followed by successful completion of his applications for adjustment of status and § 212(h) waivers of convictions. Under the "third option," however, Defendant would have to receive a favorable disposition on the same three applications (in addition to the application for advance parole), and in the same order. The only difference is that under the third option, the I-212 waiver application is submitted to the IJ pursuant to 8 C.F.R. § 212.2(e) and (j), rather than to a consular office of the immigration service. Since Defendant would have had to make the same exact showing to receive relief after deportation as he would under the "third option," there was no prejudice in the IJ's failure to disclose the "third option.
Third, even if Defendant would have had a plausible claim for the "third option," and even if it would have provided some identifiable advantage to his prospects for lawful readmission into the United States, Defendant has failed to show he would have elected it in the first instance. The advantage of the "third option" is that the alien can receive a determination on his I-212 waiver application before deciding whether to temporarily depart. This knowledge is useful only if the alien is willing to abandon his plan to depart the United States if he does not receive advance permission to reapply and advance parole. Put differently: Unless the alien is prepared, in the event the IJ denies his I-212 waiver application and/or the immigration service denies his application for advance parole, to remain in the United States for the entire pendency of his adjustment of status and § 212(h) waiver applications, then it is pointless for the alien to defer his departure for an uncertain period of time while the IJ processes his I-212 waiver application and the INS processes his application for advance parole.
At the time of his deportation proceedings in 1998, Defendant's primary motivation was to depart immediately from the United States for the purpose of seeking medical treatment. In fact, Defendant chose immediate deportation despite the IJ's clear warning (which Defendant acknowledged) that immediate deportation "could cause that you would never be allowed to adjust your status because you would have a deportation or a removal on your record . . . ." (Transcript at 4.)
Thus, the Court finds it highly improbable that Defendant would have pursued the "third option" if that option had been explained to him. It is highly unlikely that Defendant would have agreed to remain in custody in the United States for an uncertain period of time while the IJ reviewed his application for advance permission to reapply and the immigration service reviewed his application for advance parole. Moreover, if those applications were denied, it is highly unlikely that Defendant would have chosen to remain in the United States for the entire pendency of his applications for adjustment of status and § 212(h) waivers.*fn11
For the above reasons, the Court finds no prejudice in the failure to disclose the "third option" to Defendant.
Since Defendant is unable to establish any due process violation in the underlying deportation proceedings, nor is he able to show any prejudice resulting from the alleged due process violations, the Court hereby DENIES his motion to dismiss the indictment.
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United States District Court, Central District of Illinois, Springfield Division
March 2, 2015
DONNIE R. BARRETT, Plaintiff,v.FORREST ASHBY, JAMES CLAYTON, SALLY HOUGAS, JOSEPH HANKINS, DALE KUNKEL, and EDWINA BIERMANN, Defendants.[1]
Plaintiff, proceeding pro se and detained in the Rushville Treatment and Detention Center, pursues the following claims: 1) retaliation for Plaintiff's grievances and freedom of information requests; and, 2) placement in segregation without procedural due process and for no legitimate, non-punitive purpose. (2/20/13 Order.) In particular, Plaintiff claims that he was retaliated against and put in segregation for possessing information obtained by Plaintiff through a Freedom of Information request regarding Defendant Clayton's work history and qualifications. The case is now at the summary judgment stage.
After carefully reviewing the evidence, the Court concludes that a rational jury could not find in Plaintiff's favor. Plaintiff does not dispute that one of the reasons for his segregation and discipline was because a spreadsheet of all the residents' names, birth dates, and social security numbers was found in a resident's room on Plaintiff's unit. Plaintiff does not dispute that this resident informed Defendant Clayton that Plaintiff had given the resident the spreadsheet. Therefore, regardless of Plaintiff's protected First Amendment activity, Plaintiff would have been placed in segregation anyway. For the same reason, whether Plaintiff received procedural due process before his placement in segregation is immaterial. A different process would not have produced a different result.
"The court shall grant summary judgment if the movant shows that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law." Fed.R.Civ.P. 56(a). "In a § 1983 case, the plaintiff bears the burden of proof on the constitutional deprivation that underlies the claim, and thus must come forward with sufficient evidence to create genuine issues of material fact to avoid summary judgment." McAllister v. Price, 615 F.3d 877, 881 (7th Cir. 2010). However, at the summary judgment stage, evidence is viewed in the light most favorable to the nonmovant, with material factual disputes resolved in the nonmovant's favor. Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248 (1986). A genuine dispute of material fact exists when a reasonable juror could find for the nonmovant. Id.
These facts are set forth in the light most favorable to Plaintiff, as required at this stage.
According to Plaintiff, on October 30, 2012, Defendant Clayton, an investigator at the Rushville Treatment and Detention Center, tried to intimidate Plaintiff by telling Plaintiff that Plaintiff's complaints to various outside agencies would go nowhere because Clayton had worked for the FBI and other law enforcement agencies. The next day, Plaintiff filed a grievance about this incident. In the facility, a grievance is also known as an "attempt to resolve" or "ATR." (10/31/12 grievance, d/e 109-4, p. 3.)
Plaintiff asserts that Investigator Clayton tried to persuade Plaintiff to drop the grievance by showing Plaintiff proof that Clayton had worked for the FBI, but Plaintiff told the grievance officer that he wished to pursue the grievance. On or about November 26, 2012, to confirm Investigator Clayton's purported work history claims, Plaintiff sent out Freedom of Information Requests to the Illinois Department of Human Services, the Illinois State Police, the U.S. Department of Justice, and the Office of the Executive Inspector General. (11/26/12 letter, d/e 109-5, p. 7.)
On December 5, 2012, Investigator Clayton wrote Plaintiff an incident report for making false accusations against Clayton. Clayton wrote:
Barrett claims that this R/I has informed him that I am a member of the FBI, ISP Investigator, Military Investigator, DHS OIG investigator. These comments in this ATR are completely false. At no time did this R/I tell Barrett that I worked for those agencies. . . .Resident Barrett appears to have extremely delusional thoughts and continues to file fraudulent complaints with numerous agencies. These frivolous complaints by resident Barrett is causing a waste of State employee resources and manpower. Barrett is continually trying to manipulate the DHS/TDF system.
(12/5/12 incident report, d/e 109-4.)
On December 10, 2012, Plaintiff received a notice to appear before the behavior committee on charges of lying to staff/attempted staff manipulation/violation of rules/insolence. The notice accused Plaintiff of filing false reports "on various dates and various times, " specifically singling out Plaintiff's 10/31/12 grievance against Clayton. (12/10/12 notice, d/e 109-4.)
Plaintiff appeared before the behavior committee on December 11, 2012, bringing the information he had received from the Office of Executive Inspector General in response to Plaintiff's FOIA request. Included in that response was a highly redacted questionnaire completed by Investigator Clayton, which revealed Clayton's high school and post-secondary education, his work experience and employment, training, and other parts of his curriculum vitae. (109-5, pp. 5-19.) The behavior committee gave Plaintiff a warning for lying, noting in their decision that Plaintiff appeared to "truly believe" that Investigator Clayton had been deceptive about Clayton's work history.
Hours after showing the behavior committee the FOIA documents, Plaintiff's room was searched by Defendants Clayton and Hougas, among others. The FOIA information about Investigator Clayton was confiscated. Clayton avers that officers also found the name, date of birth, personal address, and license number of a staff member, but Plaintiff disputes this. Plaintiff asserts that he did not possess the staff information and was not interviewed by Clayton about that information on December 11, 2012. (Pl.'s Dec. paras. 26, 27, 30, d/e 109-1.) Plaintiff also asserts that he had only five copies of the FOIA information, not thirteen as Clayton states, and that he intended to send those copies to outside agencies, not to distribute amongst other residents, as Clayton asserts.
Investigator Clayton avers that he perceived the FOIA information to contain personal information about him and believes that dissemination of that personal information posed a safety threat. (Clayton Aff. paras. 5, 6, 8.) Clayton instructed officers to search other rooms near Plaintiff's room to determine whether the FOIA information had been distributed. Facility rules prohibit the "verbal or written disclosure of any personal information about a staff member with another resident, any staff member, or visitor." (8/23/01 Memo, d/e 109-8, p. 16)(emphasis in original).
Plaintiff does not dispute Clayton's averment that, during the search of another resident's room on Plaintiff's unit on December 11, 2012, "staff found a spreadsheet that contained all of the TDF residents with their date of birth and social security numbers. Another resident stated that he had received this spreadsheet from resident Barrett." (Defs.' Undisputed Fact 6, Clayton Aff. para. 6.) Instead, Plaintiff maintains that "[i]t is beyond the scope and irrelevant as to what another resident allegedly had in his possession and whether the alleged information came from me." (Pl.'s Resp. para. 6, d/e 109, p. 5.) Clayton avers that Plaintiff admitted giving the spreadsheet to the resident, another contention that Plaintiff does not dispute but argues is "irrelevant." (Pl.'s Resp. p. 5, para. 7., d/e 109.) Plaintiff does assert that he was not in possession of this information when it was found, (Pl.'s Dec. para. 50), but that falls short of swearing, under penalty of criminal perjury, that Plaintiff had never possessed the information and had not given the information to another resident. In any event, even if Plaintiff averred that he never had or distributed the spreadsheet, Plaintiff does not dispute Defendant Clayton's averment that Clayton relied on what the resident told Clayton about the spreadsheet.
Plaintiff was placed in "temporary special management status" on December 11 or 12, 2012, pending review by the behavior committee. Temporary special management meant that Plaintiff was generally prohibited from leaving his room without permission. (Hankin Aff. para. 8.)
On December 14, 2012, the behavior committee met and reviewed another incident report by Investigator Clayton. Defendant Hankins was one of three members on the committee (the other two have been voluntarily dismissed). Plaintiff did not receive a copy of the incident report, which recounted the materials found during the searches on December 11, 2012, including the spreadsheet. (Incident report, d/e 96-12, p. 1, undated and unsigned.) A notice of violation was drafted at some point, but the notice did not specify a charge or the facts of which Plaintiff was accused. (notice, 96-9, p. 1, undated and unsigned.)
At a meeting on December 14, 2012, the behavior committee decided that Plaintiff should be placed on "special management/investigative status." (Hankins Aff. para. 17.) "Special status" is for residents who are perceived as a danger or face criminal charges. (Hankins Aff. para. 8.) According to Plaintiff, he was not present at this meeting because he was not taken to the meeting. (Pl.'s Dep. p. 16.) On special status, an inmate is moved to a different room on a different wing, without his property. When Plaintiff was initially placed on special status, he was confined by himself without his property; one hour per day he was allowed to sit and watch television in the infirmary. (Pl.'s Dep. 19.)
Plaintiff appeared before the behavior committee on December 18, 2014, and the committee decided to continue Plaintiff' special status pending the investigation. On December 20, 2012, Plaintiff appeared before the committee again, who again decided to keep Plaintiff on special status "pending further investigation & possible criminal charges . . .", but permitted Plaintiff to have "regular dayroom and shower offerings." (12/20/12 review, 96-8, p. 1.) After the December 20th meeting, Plaintiff was permitted in the dayroom for one hour in the morning and one hour in the afternoon, but Plaintiff had to wear handcuffs. (Pl.'s dep. pp. 20-21.)
On January 2, 2012, Plaintiff appeared before the committee on a charge of "unauthorized property." Without explanation, the committee found Plaintiff guilty of unauthorized property and imposed "close status" of 30 days on Plaintiff. (d/e 109-6, p. 15.) On close status, a resident is permitted to come out to the day room for three hours per day total: one hour in the morning, afternoon, and evening. (Hankins Aff. para. 21.) Showers are permitted every day, as well as purchases from the commissary, one-hour visits in the visiting room, the ability to make outgoing calls, and a three-day change of clothing. (Hankins Aff. para. 23.)
Plaintiff may exercise his First Amendment rights to the extent consistent with the facility's legitimate concerns, including safety and security concerns. See Turner v. Safely, 482 U.S. 78, 89 (1987)(setting forth legal standard for analyzing First Amendment claims by prisoners).
Plaintiff argues that he had an unfettered First Amendment right to possess the FOIA documents, which he had obtained through legal means. That is not entirely accurate. Plaintiff retains only those First Amendment rights that are consistent with the security and safety of the staff and residents at Rushville. Documents that Plaintiff may possess while free may be prohibited in the detention setting, provided that a legitimate government interest supports that restriction. Certainly the facility can protect its employees and residents from harassment, intimidation, and the dissemination of personal information that might pose a risk to safety.
However, the Court does not need to decide if Plaintiff had a protected First Amendment right to possess and use these particular FOIA documents. Even assuming that Plaintiff had that right, Plaintiff's retaliation claim still fails because Plaintiff's segregation pending investigation was justified by the discovery of the spreadsheet. Possessing and distributing a spreadsheet with residents' birth dates and social security numbers is not a protected First Amendment right. Even if Defendant Clayton was motivated in part by Plaintiff's grievances and FOIA requests, Plaintiff would have been placed in segregation and punished anyway, based on Plaintiff's distribution of the spreadsheet. Gomez v. Randle, 680 F.3d 859, 866 (7th Cir. 2012)(if a prima facie retaliation case is shown and the defendants show that the adverse action would have occurred anyway, then the plaintiff must show the government's reason for the adverse action is pretextual). The dissemination of the spreadsheet is far from irrelevant, as Plaintiff argues.
Nor does Plaintiff have a retaliation claim based on Clayton's disciplinary report charging Plaintiff with making false statements. Even if Clayton was motivated by retaliation for Plaintiff's exercise of his First Amendment rights, the disciplinary report itself was not objectively serious enough to deter Plaintiff from exercising his First Amendment rights. Gomez, 680 F.3d at 866 (plaintiff must show that he suffered a deprivation that would likely deter First Amendment activity in the future). Plaintiff's only deprivation caused by this disciplinary report was having to appear before the behavior committee and receiving a warning. Plaintiff was not deterred in any way from exercising his First Amendment rights; he continued to file grievances about Clayton and others.
Remaining is Plaintiff's procedural due process claim based on his placement in segregation from December 14, 2012, to January 2, 2013. Placement in segregation for a few days in order to investigate does not generally trigger due process protections, but here the segregation lasted about three weeks. Plaintiff was entitled to adequate notice of the charges and the facts underlying those charges and a meaningful opportunity to present a defense. See Higgs v. Carver, 286 F.3d 437 (7th Cir. 2002)(citations omitted). Defendants do not contend that Plaintiff received this process, nor does the record show that he did.
However, like the retaliation claim, Plaintiff must have evidence that procedural due process protections might have made a difference to the outcome. See Jones v. Cross, 637 F.3d 841, 846-47 (7th Cir. 2011)(delay in prison disciplinary hearing harmless where no prejudice suffered); Piggie v. Cotton, 344 F.3d 674, 678 (7th Cir. 2003)(applying harmless error analysis to refusal to call witnesses in prison disciplinary hearings). Plaintiff does not dispute that he gave the spreadsheet to another resident. Plaintiff's segregation pending a further investigation would have occurred regardless of the procedural due process protections afforded to Plaintiff. As to Plaintiff's punishment of "close status" for 30 days after January 2, 2013, the restrictions on close status were not severe enough to trigger procedural due process protections. Miller v. Dobier, 634 F.3d 412 (7th Cir. 2011)(imposition of "close" status at the Rushville Treatment and Detention Center did not trigger procedural due process protections).
1. Plaintiff's motion for an order directing the facility to return to him Plaintiff's declaration, which was purportedly confiscated in a shakedown is denied (120). However, the clerk is directed to send Plaintiff a copy of the declaration Plaintiff filed in this case (109-1, pp. 1-25.)
2. Plaintiff's motion for the Court to try to recruit pro bono counsel is denied (116.) Plaintiff's filings in this case demonstrate that he has a clear grasp of the facts relevant to his claim and is knowledgeable about the law and legal procedure. He has been able to obtain relevant information in discovery, and he has significant experience litigating in federal court. Additionally, his claims are relatively simple, involving events of which he has personal knowledge. On this record, Plaintiff appears competent to proceed pro se in light of the straightforward nature of his claims. Pruitt v. Mote, 503 F.3d 647, 654-55 (7th Cir. 2007).
3. Defendants' motion for summary judgment is granted (d/e 95).
4. The clerk of the court is directed to enter judgment in favor of Defendants and against Plaintiff. All pending motions are denied as moot, and this case is terminated, with the parties to bear their own costs. All deadlines and settings on the Court's calendar are vacated.
5. If Plaintiff wishes to appeal this judgment, he must file a notice of appeal with this Court within 30 days of the entry of judgment. Fed. R. App. P. 4(a)(4). A motion for leave to appeal in forma pauperis should identify the issues Plaintiff will present on appeal. See Fed. R. App. P. 24(a)(1)(c).
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text:
CeBIT: Ubuntu smartphones to cost between $200 and $400
Chief executive Mark Shuttleworth outlines more on forthcoming device at German trade show
HANOVER: Smartphones on Canonical's Ubuntu operating system will cost between $200 and $400, according to the firm's chief executive Mark Shuttleworth.
Speaking at CeBIT, he said: "Ours will come out in the mid-higher edge, so $200 to $400. We're going with the higher end because we want people who are looking for a very sharp, beautiful experience and because our ambition is to be selling the future PC, the future personal computing engine."
The Ubuntu project aims to produce hardware that can act as a smartphone and also work as a PC when plugged into a monitor, something Shuttleworth said many audiences found attractive.
Canonical teamed up with phone makers Meizu and BQ earlier this year to produce the devices, following what Shuttleworth called the "spectacular failure" of the firm's efforts to raise $32m for the Ubuntu Edge smartphone. But he also called it a "spectacular success" because of the amount of attention it drew and the influence it could have on the industry.
He said the firm was not targeting iPhone users, who he said had an "emotional connection" to the Apple ecosystem.
Shuttleworth also claimed that the fact the firm started late with its development allowed it to see the success of Android and build upon the knowledge it gained there.
"Android wasn't designed or built to be your personal computer," he said. "We have the benefit of starting late so we were able to think about it very deeply before it got going."
"I think as people get more and more excited about having a personal computing device that can be a TV or a piece of wearable computing, they'll be more excited about being part of Ubuntu's mobile story."
"Android has served its purpose for sure, but perhaps it's time for something new. If you really look at the heart of Google's business model I don't think it totally depends on Android, because they have great services."
The firm previously stated that its first phones would go on sale this autumn as it seeks to gain traction in the highly competitive smartphone market.
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News UK recruits 170 IT staff in seven months
Publisher behind the Times and the Sun newspapers uses innovative recruitment techniques to build large tech team in record time
Apple Watch sales fall 71 per cent but Tim Cook claims Christmas bringing a boost
IDC data shows a decline
Lincolnshire NHS Trust reveals Globe2 ransomware attack forced operation cancellations
Trust lost four days to attack


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June 30, 1969
NANCY WARD ET AL., APPELLANTS,v.JOHN F. THISTLETON, JR., RESPONDENT
In a negligence action to recover damages for personal injury, medical expenses, etc., plaintiffs appeal from a judgment of the Supreme Court, Kings County, entered December 11, 1967 in defendant's favor, upon a jury verdict.
Hopkins, Acting P. J., Benjamin and Kleinfeld, JJ., concur; Martuscello, J., concurs. Munder, J., dissents.
Judgment reversed, on the law, and new trial granted, with costs to abide the event. The findings of fact below are affirmed.
Munder, J., dissents and votes to affirm the judgment, with the following memorandum:
This is not a close case. The record provides ample support for the jury's verdict for defendant, particularly if based on a finding of the injured plaintiff's contributory negligence. This plaintiff testified she was struck by defendant's automobile while crossing First Avenue from the northeast corner of 23d Street [in New York City] with the traffic light green in her favor. Defendant testified he struck her near the west side of First Avenue some 50 feet past the intersection of 23d Street as he was driving north with the light green in his favor. An independent witness, who was standing on the southwest corner and who identified himself to police at the scene, testified he was waiting for the light to change so he could cross the avenue when he saw this plaintiff running from the opposite side of the avenue at an angle toward and somewhat north of the intersection. She was holding an umbrella in front and to her left, to shield herself from the rain. This witness further testified that defendant's automobile proceeded through the intersection with the light in its favor and struck this plaintiff "slightly" north of the 23d Street curb line. In this context, I cannot agree with the majority's determination that the verdict should be overturned. Nor do I agree with the majority's specific assignments of prejudicial error. The reference to the injured plaintiff's arrest for picketing a store in Manhattan, during the cross-examination of her coplaintiff husband, occurred only when the latter persisted in testimony that the accident had rendered his wife almost non-ambulatory and restricted her walking activity to the immediate area of her home. That he knew of her
--> arrest for marching in a picket line served to contradict his prior testimony and was not intended to attack her character or suggest that such conduct was in any way responsible for the accident (see Landt v. Kingsway Equip. Leasing Corp., 159 N. Y. S. 2d 453, affd 4 A.D.2d 785). Such conduct would hardly be deemed degrading by a modern-day sophisticated jury. Similarly, there was nothing erroneous in permitting the admission of the "Radiographic Request Card". It was a record kept in the regular course of the hospital's business. The notation thereon indicating that plaintiff was "drunk" when admitted to the hospital was not an improper entry if it related to the injured plaintiff's examination or efforts by the hospital staff to make the examination. A patient's condition upon admission is of valuable aid in diagnosing illness or injury and prescribing medication or treatment. On its face, it appears the entry was based upon the personal observations of a hospital employee made in the course of his duties. If such was not the case, plaintiffs had sufficient time in pretrial investigation to show otherwise (CPLR 4518, subd. [a]; see Williams v. Alexander, 309 N. Y. 283, 287; People v. Eastwood, 14 N. Y. 562).
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Top 10 Hotels in Oualidia
Maison El Manzar
Ancienne Kasbah, Oualidia 242523.0 out of 5.0
Situated near the beach, this bed & breakfast is within 1 mi (2 km) of Gardens of the Lagoons, Oualidia Lagoon, and Oualidia …
Hotel El Morabitine
Angle Avenue Mohamed VI &, El Jadida3.0 out of 5.0
Situated near the beach, this hotel is steps from El Jadida Municipal Theater and Cite Portugaise. Sidi Bouzid Beach and …
Atlas Essaouira & SPA
Boulevard Mohamed V, Essaouira 440005.0 out of 5.0
Located in Essaouira, this beachfront hotel is in a provincial park and within 1 mi (2 km) of Essaouira Beach, Place Moulay …
Hotel ibis budget El Jadida
Place Nour El Kamar, El Jadida 240003.0 out of 5.0
Situated in El Jadida, this hotel is within a 15-minute walk of Haouzia Beach and El Jadida Beach. Cite Portugaise and Cité …
Art Suites El Jadida
20 Bis Avenue lbn Khaldoun, El Jadida 240404.0 out of 5.0
Located in the heart of El Jadida, this hotel is within a 10-minute walk of El Jadida Municipal Theater, Sidi Bouzid Beach …
Hotel Marrakech Le Semiramis
Semlalia BP 525, Route de Casablanca, Marrakech 400004.0 out of 5.0
This family-friendly Marrakech hotel is located near the airport, within 1 mi (2 km) of Business Services Center and Le Grand …
Riad Le Mazagao
6, Rue El Hajjar, El Jadida 240002.0 out of 5.0
Situated in El Jadida, this riad is within a 10-minute walk of Tazotas, Citerne Portugaise, and Porte de la Mer. Cite …
La Villa & Spa
4 Avenue Moulay Abdelhafid, El Jadida 240004.0 out of 5.0
Situated in El Jadida, this spa inn is within a 10-minute walk of Citerne Portugaise, Porte de la Mer, and Cite Portugaise …
Pullman Mazagan Royal Golf & Spa El Jadida
Route de Casablanca km7, El Jadida 240005.0 out of 5.0
Located near the beach, this family-friendly hotel is within 6 mi (10 km) of Mazagan Golf Club, Haouzia Beach, and El Jadida …
Riad 7
2 Derb Chtouka, Medina, Azemmour 241003.0 out of 5.0
Situated in the historical district, this guesthouse is within 12 mi (20 km) of El Jadida Beach, Mazagan Golf Club, and El …
Recent Reviews in Oualidia
Great place, great location
max stayed at La Sultana Oualidia


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Date: 1952-10-07
Description: Group portrait of the printing press staff in the press room at the Wisconsin State Journal offices.
Date: 1949-01-13
Description: Governor Oscar Rennebohm addressing a joint meeting of the Wisconsin legislature as it convened for it's 69th legislative session.
Date: 1925 ca.
Description: Two small girls seated on the front stoop of a house.
Description: Chinko The Juggler balances a large portrait of a woman on his head.
Description: Double exposure, one exposure of a studio full-length portrait of a Ho-Chunk girl posed standing in front of a painted backdrop wearing several necklaces,...
Date: 1939-05-16
Description: Fuel station attendant pumping gas from an International DR-60 Mobiloil fuel truck at Wadhams Oil Company. The gas station is built in a Chinese-style arch...
Date: 1964 ca.
Description: Three people working on a community construction project. All three support a beam, while the man in the foreground hammers a nail into it.
Description: A child, probably a girl, rides in a boat with a dog. A pier and shoreline are in the background.
Date: 1920 ca.
Description: Portrait of Chicog seated cross-legged on the ground holding a bow. There are with snowshoes in the foreground.
Date: 1945-06-18
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Description: Front cover of a mower and reaper catalog. Features a color illustration of a man using a mower in field, with the caption: "Mower Finger Bar Lifter Over a...
Date: 1955 ca.
Description: Tour of International Harvester's East Moline Works (factory) for the St. Cloud combine promotion. Original caption reads: "There are hundreds of inspectio...
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Zarif stresses importance of regional cooperation
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