Date:03/02/04 *Your Rights-Update*
=========================
Moderated by Terry Bankert.
attorneybankert@y...


TOPICS:
*Family Law-
*Bankruptcy-
*Immigration-
. . . . . . . . . .
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*Family Law-
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FAMILY LAW, MILITARY LAW, TAX LAW

PFISTER v. COMM'R OF INTERNAL REVENUE, No. 02-2288 (4th Cir.
February 27, 2004)
The Tax Court correctly deemed plaintiff, under the Uniformed
Services Former Spouses' Protection Act, to be the owner of half
of
her ex-husband's military retirement pay. The pension payments
that
she receives are thus taxable income.

To read the full text of this opinion, go to:

[PDF File]
http://caselaw.lp.findlaw.com/data2/circs/4th/022288p.pdf



CIVIL PROCEDURE, FAMILY LAW

LUNDAHL v. TELFORD, No. G030846 (Cal. 4th App. Dist. February 27,
2004)
The Uniform Interstate Family Support Act does not establish a
mechanism for settling upon a single order as controlling among
multiple spousal support orders. The parties' 1977 divorce decree
in
California did not invest California with exclusive jurisdiction
over spousal support, thus the trial court's order confirming
registration of the Utah support orders is affirmed.

To read the full text of this opinion, go to:

http://caselaw.lp.findlaw.com/data2/californiastatecases/g030846.pdf

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U.S. 4th Circuit Court of Appeals
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PFISTER v. COMM'R OF INTERNAL REVENUE (02/27/04 - No. 02-2288)
The Tax Court correctly deemed plaintiff, under the Uniformed Services
Former Spouses' Protection Act, to be the owner of half of her
ex-husband's military retirement pay. The pension payments that she
receives are thus taxable income.

To read the full text of this opinion, go to:[PDF File]
http://caselaw.lp.findlaw.com/data2/circs/4th/022288p.pdf

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California Appellate Districts
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IN RE MARRIAGE OF CROSBY & GROOMS (02/26/04 - No. A100718)
When California assumes continuing, exclusive jurisdiction over a
child
support order for purposes of modification of that order, it must
apply
California law to determine the amount of child support owed. Trial
court properly applied California law in modifying the Idaho child
support order.

To read the full text of this opinion, go to:
http://login.findlaw.com/scripts/callaw?
dest=ca/caapp4th/slip/2004/a100718.html

*Bankruptcy-
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U.S. 7th Circuit Court of Appeals
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IN THE MATTER OF KMART CORP. (02/24/04 - No. 03-1956)
Bankruptcy judge erred in permitting debtor to pay in full its
pre-petition debts to any vendor deemed "critical" in its unilateral
estimation. Preferential payments to a class of creditors are proper
only if the record shows the prospect of benefit to the other
creditors.

To read the full text of this opinion, go to:[PDF File]
http://caselaw.lp.findlaw.com/data2/circs/7th/031956p.pdf



=Issues: Garnishment; Set aside of default judgment against
garnishee-defendant bank; MCR 2.603; Good cause and meritorious
defense requirements; Whether the bank was protected from any
liability under MCR 3.101; Whether trial court should have awarded
the bank sanctions
Court: Michigan Court of Appeals (Unpublished)
Case Name: Express Lawsuit Funding, L.L.C. v. Short
e-Journal Number: 22278
Judge(s): Per Curiam – Borrello, White, and Smolenski
The trial court did not abuse its discretion in setting aside the
$174,336.60 default judgment against the garnishee-defendant bank and
did not err in subsequently awarding plaintiff garnishment proceeds
of $13,940.06, the amount of the bank's official check to the
defendant. The good cause and meritorious defense requirements for
setting aide the default judgment were met. While there was evidence
the second writ of garnishment had been served, there was also
evidence the person upon whom it was allegedly served had not
received it. There was also a question whether the bank was sent or
actually received notice of entry of the default judgment. Plaintiff
did not serve it on defendant and while there was an entry in the
trial court's docket sheet suggesting notice might have been mailed
to the bank, the bank disputed it ever received such notice. Further,
plaintiff did not allege the bank owed defendant the entire amount of
the original judgment on any ground other than its failure to respond
to the garnishment. The court also rejected the bank's cross-appeal
contending MCR 3.101 protected it from any liability. Affirmed.
Full Text Opinion
http://www.michbar.org/e-journal/030204.html#5


*Immigration-
==============
The Hes say their daughter was "kidnapped by white Christians
http://groups.yahoo.com/group/Flint_Michigan/message/68

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U.S. 1st Circuit Court of Appeals
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MAINE STATE BLDG. & CONSTR. TRADES COUNCIL, AFL-CIO v. US DEP'T OF
LABOR (02/23/04 - No. 03-2040)
Plaintiffs' claim, that defendants applied an erroneous statutory
standard when making the decision to approve 60 temporary
certifications
for foreign workers, cannot form the basis for the requested
declaratory
and injunctive relief. District court did not abuse its discretion in
denying as futile plaintiffs' motion to amend.

To read the full text of this opinion, go to:
http://laws.findlaw.com/1st/032040.html

NAVARRO-CHALAN v. ASHCROFT (02/25/04 - No. 03-1518)
The INS arrest and later proceedings against a Peruvian citizen were
not so flawed as to entitle him to the relief of cancellation of
deportation. The arguments presented in this petition for review are
without merit.

To read the full text of this opinion, go to:
http://laws.lp.findlaw.com/1st/031518.html

SALAZAR v. ASHCROFT (02/26/04 - No. 02-2486)
The BIA's determination that Peruvian alien was "firmly resettled" in
Venezuela is supported by substantial evidence; because firm
resettlement in a third country is a mandatory bar to the granting of
asylum per 8 C.F.R. section 208.13(c)(2)(1)(B), his petition for
review
must be denied.

To read the full text of this opinion, go to:
http://laws.findlaw.com/1st/022486.html

LAURENT v. ASHCROFT (02/27/04 - No. 03-1275)
Haitian alien's previous prevarication and the inconsistencies in her
account provided the IJ with good reason to doubt her veracity. His
finding that she did not carry the burden of proof on the issues of
past
and future persecution follows from her lack of credibility.

To read the full text of this opinion, go to:
http://laws.findlaw.com/1st/031275.html

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U.S. 2nd Circuit Court of Appeals
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EVANGELISTA v. ASHCROFT (02/23/04 - No. 03-2019)
Italian alien's petition for a habeas writ preventing his deportation
was properly dismissed. He is deportable because he was convicted of
an
offense "relating to tax evasion" under 26 U.S.C. section 7201; he
does
not qualify for INA section 212(c) relief from deportation because the
removal proceedings were commenced after that section had been
repealed.

To read the full text of this opinion, go to:[PDF File]
http://caselaw.lp.findlaw.com/data2/circs/2nd/032019p.pdf

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U.S. 3rd Circuit Court of Appeals
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XIE v. ASHCROFT (02/24/04 - No. 02-3615)
The record substantially supports the adverse credibility finding
reached by the IJ and subsequently adopted by the BIA. Petition for
review of Chinese alien's asylum application is denied.

To read the full text of this opinion, go to:[PDF File]
http://caselaw.lp.findlaw.com/data2/circs/3rd/023615p.pdf

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U.S. 6th Circuit Court of Appeals
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MIGUEL v. INS (02/26/04 - No. 02-3758)
Guatemalan alien's motion to suppress was properly denied. Because her
counsel admitted the relevant facts establishing her removability, and
because the IJ did not rely on any of the disputed evidence, it is not
necessary to decide whether the warrantless search of her home
violated
the Fourth Amendment.

To read the full text of this opinion, go to:
http://laws.findlaw.com/6th/04a0062p.html

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U.S. 9th Circuit Court of Appeals
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SILVA-CALDERON v. ASHCROFT (02/23/04 - No. 02-73474)
Any alleged due process error correctable by the BIA is not reviewable
on appeal if remedies were not exhausted in the agency's tribunal.
Plaintiff's procedural due process claims, challenging the IJ's
decision
not to grant a continuance or issue a subpoena, are dismissed for lack
of jurisdiction because he failed to raise them before the BIA.

To read the full text of this opinion, go to:[PDF File]
http://caselaw.lp.findlaw.com/data2/circs/9th/0273474p.pdf

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U.S. 10th Circuit Court of Appeals
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US v. BARAJAS-CHAVEZ (02/25/04 - No. 03-2059)
Defendant's motion to dismiss the indictment was properly denied,
because no testimony by the voluntarily departed, potential witnesses
could possibly rebut their status as illegal aliens transported by
defendant. District court did not abuse its discretion by holding that
defendant's failure to challenge the roadblock's legality prior to the
motions hearing waived this issue under FRCP rule 12.

To read the full text of this opinion, go to:
http://laws.findlaw.com/10th/032059.html

Moderated by By:
Terry Bankert P49048
A Michigan/Federal Practice Attorney
attorneybankert@y...
Vita: http://firms.findlaw.com/attorneybankert/affiliates.htm
-
Do not use this information in any state but Michigan
and do so only after consultation with an attorney.
Your facts may alter the outcome.
This information current only to this date.

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