NAPABA Congratulates APA Nominees to the Second and Ninth Circuits

On Wednesday, President Trump announced his intent to nominate three Asian Pacific Americans to serve on the U.S. Courts of Appeals. Michael H. Park was nominated to serve as a judge on the Second Circuit. Patrick J. Bumatay and Kenneth K. Lee were nominated to serve as judges on the Ninth Circuit. If they are confirmed, the number of active Asian Pacific American federal appellate court judges would increase to a historic ten. Six Asian Pacific Americans have been nominated to the U.S. Court of Appeals this year, which is the highest number to ever have been nominated to federal appellate courts during a single presidential term. This is also the first time that three Asian Pacific Americans have been nominated to federal appellate court judgeships in a single day.

Michael H. Park is a partner at Consovoy McCarthy Park, where he focuses on litigation and securities enforcement. He has experience in both private practice and government, including in the Office of Legal Counsel at the Department of Justice. He clerked for then-Judge Samuel Alito on the U.S. Court of Appeals for the Third Circuit, and later clerked for Justice Alito on the Supreme Court of the United States. He is a graduate of Princeton University and Yale Law School. If confirmed, Park would be the second Asian Pacific American to serve on the Second Circuit.

Patrick J. Bumatay is an Assistant United States Attorney in the U.S. Attorney’s Office for the Southern District of California. He is currently on detail to the Office of the Attorney General in the Department of Justice. Bumatay has held numerous positions in public service throughout the Department of Justice. He clerked for Judge Timothy M. Tymkovich of the U.S. Court of Appeals for the Tenth Circuit and Judge Sandra L. Townes of the U.S. District Court for the Eastern District of New York. He is a graduate of Yale University and Harvard Law School. He is an active member of NAPABA, its affiliated bar—the National Filipino American Lawyers Association—and the Tom Homann LGBT Law Association. If confirmed, Bumatay would be the first Filipino American to serve as an Article III federal appellate judge.

Kenneth Kiyul Lee is a partner at Jenner & Block LLP, where his practice focuses on internal investigations and appellate litigation before multiple U.S. Courts of Appeals. He is also member of the firm’s Diversity & Inclusion Committee and maintains a robust pro bono practice. Lee has worked in private practice and as Associate Counsel to President George W. Bush. He clerked for Judge Emilio M. Garza of the U.S. Court of Appeals for the Fifth Circuit. He is a graduate of Cornell University and Harvard Law School. If confirmed, Lee would join Judge Jacqueline Nguyen, the only other active Asian Pacific American judge on the Ninth Circuit.

NAPABA Opposes Plan to Redefine “Public Charge” and Limit Legal Immigration

The National Asian Pacific American Bar Association (NAPABA) opposes the proposed changes to “public charge” published Wednesday by the Department of Homeland Security (DHS). We urge our members and affiliated bar associations to join NAPABA in submitting public comments opposing the proposed policy.

Public charge policy has roots in long-time efforts to limit the admission of ‘undesirable immigrants,’ such as Chinese in the 19th century. The proposed rule would re-define a public charge as an immigrant who would be likely to receive government benefits from an expanded list of programs, including nutrition and housing assistance programs for children. The proposed rule will make it easier to designate an applicant as a public charge, and deny their admission to the United States or reject their permanent resident application. DHS also proposes stricter guidance for weighing certain factors when reviewing visa applications, such as age, income, health, English proficiency, and employability. NAPABA is greatly concerned with how these changes will negatively impact Asian and Pacific Islander immigrants, working families, and children’s health.

The proposal has already had a chilling effect on Asian Pacific American communities. Due to reports of these proposed changes, some immigrant families—including those with eligible U.S. citizen members—have unenrolled from important public services for which they qualify. If implemented, the new public charge rules would undermine the safety, health, and security of immigrant families by denying them the support historically provided to new Americans. Asian Pacific American communities will be particularly hard hit, as over 31% of new green card recipients are from Asian and Pacific Island nations and as there is significant variation in average income amongst Asian ethnic groups.

Take charge by submitting a comment on the proposed rule before the DHS proceeds with its final rulemaking by the deadline, December 10, 2018. NAPABA will be submitting comments as an organization, but individuals are encouraged to submit unique comments here. To see available resources, please click here. For more information, contact Oriene Shin, NAPABA Policy Counsel, at 202-775-9555 or oshin@napaba.org.

Volunteer for Thomas Tang Northeast Regional Moot Court Competition

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The National Asian Pacific American Bar Association Law Foundation presents its 2018 Thomas Tang Northeast Regional Moot Court Competition, and is in need of volunteers. This competition provides a unique and memorable experience for student appellate advocates. The event allows law students to showcase their writing and oral advocacy skills, and also to compete for scholarships totaling $10,000. In summary, this year’s problem is on whether a state university has the right to impose disciplinary sanctions on a student for non-curricular expressive conduct, and if it may expel a law student for off-campus expressive activity. For more information on this year’s problem, click here

The event will be held on Friday, October 19, 2018, from 9:00 A.M. to 5:00 P.M. at the United States Court of International Trade, One Federal Plaza, New York, New York. NAPABA seeks volunteers for grading briefs and for day-of. Brief graders will review and score briefs submitted by the student teams before the competition, and the time commitment is flexible. Day-of volunteers are welcome to assist for either part of the event or the entire day, and will serve as bailiffs or judges for the oral argument rounds. For a complete schedule of the day’s events, click here. If you are interested in volunteering, please contact Zoe Wong, the Northeast Regional Coordinator, at ThomasTangMootCourtNE@gmail.com. For more information, please visit NAPABA’s website here

NAPABA 2018-2019 Elections: Cast your vote by Oct. 9

The National Asian Pacific American Bar Association (NAPABA) is holding its 2018-2019 Board of Governors election. The NAPABA Board of Governors makes the organization’s policies for the given year, and consists of nine officers, ten regional governors, and four appointed At-Large Board Members. The responsibilities of board members include, but are not limited to, supporting NAPABA’s mission statement, endorsing NAPABA events and programs, securing financial supporters, and demonstrating the highest standards of integrity and decorum. For a full list of governor responsibilities, click here. With these responsibilities in mind, AABANY endorses the following candidates (whose statements, biographies, and endorsements can be found by clicking their name): 

Bonnie Lee Wolf, President-Elect 
Alen Hsu, Vice President for Membership

Charles Jung, Vice President for Programs and Operations

Avanti Bakane, Vice President for Communications

Gary Zhao, Treasurer

Jeffrey Javinar, Secretary 

AABANY members who joined or renewed their NAPABA membership by July 1, 2018, are eligible to vote. Ballots have been delivered by email, and must be cast on or before Tuesday, Oct. 9, 2018. If you have any questions, you may contact the NAPABA Nominating & Elections Committee Chair George Chen, george.chen@bclplaw.com, or NAPABA Executive Director Tina Matsuoka, tmatsuoka@napaba.org. For general inquiries, please contact elections@napaba.org. 

More information on elections can be found here, and the elections schedule has been reproduced below: 

Oct. 9 | Votes must be cast by 9 p.m. EDT/6 p.m. PDT on this date in order to be counted. Questions or concerns about voting and elections may be directed to elections@napaba.org.*

*Staff will be available to assist you throughout the voting period until 5 p.m. EDT/2 p.m. PDT on Oct. 9, 2018, which is several hours before the voting period closes. If you have questions or anticipate a need for assistance, please plan accordingly and contact us in advance of the deadline. No one will be able to assist you during the last few hours of voting.
Oct. 11 | Election results will be announced to the membership.

Sept. 25 is National Voter Registration Day!

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While Asian Americans and Pacific Islanders are the fastest growing minority group in the US, AAPIs lag behind other communities when it comes to voter registration rates. As a result, AAPIs are increasingly left out of the discussions when elected officials make policy decisions on issues important to us and our communities.

  1. Make Sure You, Your Family, and Friends Are Registered to Vote

    Did you move or change your name? Do you need to register to vote? Have you checked if your registration is up-to-date for this election? Do you know someone who will be 18 on Election Day or became a citizen and is not registered?

    Visit APIAVote to register to vote and get more information today:  http://www.apiavote.org/register

  2. Promote Voter Registration in Your Community

    Get in-language materials and resources from our partners at the NAPABA Voter Protection Program website.

  3. Sign-up to Protect the Right to Vote

    Sign-up as a poll monitor and exit poll assistor with AALDEF as they protect the rights of APA and limited English proficient voters at polling locations across the country. You can get CLE credit for your pro bono work: http://aaldef.net/

    Volunteer with the National AAPI Voter Protection Hotline national voter protection hotline led by APIAVote here.

This program is part of the NAPABA Voter Protection Program.

NAPABA Seeks At-Large Board Member Candidates

From NAPABA: 

The NAPABA Board of Governors will appoint two at-large board members to each serve a two-year term beginning with the 2018-19 bar year. The NAPABA Nominating and Elections Committee invites all members in good standing to apply to be at-large board members.

  • Review the complete guidelines and apply here.
  • The deadline to submit an application is Aug. 3 at 5 p.m. EDT.

Questions
Contact elections@napaba.org.

2018 NAPABA Leadership Advancement Program

There are only 13 days remaining to apply for the inaugural Leadership Advancement Program. This is a year-long program to develop mid-career Asian Pacific American attorneys’ leadership skills, while providing an opportunity to foster genuine relationships with peers within the profession, especially between in-house counsel (IHC) and law firm attorneys. This year, the program will be held in San Francisco, in partnership with the Asian American Bar Association of the Greater Bay Area (AABA Bay Area). The program will commence with a weekend of teambuilding and leadership training in San Francisco, from Friday, Sept. 21, through midday Sunday, Sept. 23. The first day will consist of leadership assessments and team building. The second day will be led by Ascend, the largest, non-profit Pan-Asian membership organization for business professionals in North America, which will include training on how to obtain senior leadership positions in corporations and law firms and how to transcend the unique hurdles facing Asian Pacific Americans. The last half-day is devoted to launching team-based community projects that will allow participants to forge meaningful and mutually beneficial relationships.

Applications will be accepted through July 31.

Proposed Schedule

  • Friday, Sept. 21 | Leadership Assessment and Team Building: The program will consist of leadership exercises, assessments, and team-building.
  • Saturday, Sept. 22 | Ascend Leadership Training: Ascend will lead a program focused on corporations and law firms to help attorneys achieve the highest level of leadership and success in those organizations.
  • Sunday, Sept. 23 | Community Project (Half-day): Participants will design a community project that will encourage team-building and leadership development throughout the year.

Enrollment
Enrollment in the program is limited to 24 participants, with an even balance between IHC and law firm attorneys. All NAPABA members are encouraged to apply, although the selection committee will focus on the following criteria this year:

  • Law firm candidates: this year’s program will prefer candidates with between six and 10 years of experience
  • In-house candidates: preference for a minimum of three to four years of IHC experience, with six to 10 years of overall practice experience

NAPABA and AABA Bay Area will provide the trainers, program materials, venue, and in-program meals. If accepted, attendees will be expected to commit $100 as a program fee and provide their own travel to San Francisco and accommodations, if required.

PRESS RELEASE | NAPABA Statement on the Nomination of Judge Brett Kavanaugh to the Supreme Court – National Asian Pacific American Bar Association

PRESS RELEASE | NAPABA Statement on the Nomination of Judge Brett Kavanaugh to the Supreme Court – National Asian Pacific American Bar Association

NAPABA Deeply Disappointed in U.S. Supreme Court’s Decision in Muslim Ban Case

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WASHINGTON — The National Asian Pacific American Bar Association (NAPABA) is deeply disappointed in today’s decision by the United States Supreme Court to uphold President Trump’s Muslim Ban in Trump v. State of Hawaii. In a 5-4 ruling, the Court ended the U.S. Court of Appeals for the Ninth Circuit’s injunction of President Trump’s revised executive order that bars individuals from six Muslim-majority countries from entering the U.S.

“We are frustrated by the outcome of the Supreme Court’s decision in Trump v. State of Hawaii and concerned about its real-world implications. The Court’s reasoning results in sanctioned discrimination, a consequence that runs counter to our values,” said Pankit J. Doshi, president of NAPABA. “Today’s decision opens the door further to hate and discrimination against Muslims and other marginalized groups. Unfortunately, the Court has chosen to turn a blind eye to anti-Muslim animus and codified prejudice.”

Doshi continued, “Although the Court took the commendable step of denouncing the holding of Korematsu, it rejected the important lesson that the current case presented. The Court’s decision to accept the government’s national security rationale and minimize the impact of the President’s express statements and actions will have long-term, negative consequences.”

President Trump’s original order, announced in January 2017, stopped refugees from entering the U.S. and halted immigration from Muslim-majority countries. The federal government issued two revised versions of the Muslim ban, which continued to place discriminatory restrictions on immigration from certain Muslim-majority countries. The third version, released in September, was at issue in this case. The third order was blocked by the U.S. District Court of Hawaii and the U.S. Court of Appeals for the Ninth Circuit; concurrent litigation occurred in the U.S. District Court of Maryland and the U.S. Court of Appeals for the Fourth Circuit.

NAPABA has condemned the Muslim ban executive order since it was first announced, and continued to oppose its later variants. NAPABA first filed an amicus brief in support of Hawaii’s challenge to the revised order in the U.S. District Court of Hawaii, which enjoined the order in

March 2017. NAPABA then led 43 Asian Pacific American bar associations from around the country in filing an amicus brief in the U.S. Court of Appeals for the Ninth Circuit, which ultimately upheld Hawaii’s original Muslim ban injunction in April 2017. NAPABA most recently led 62 Asian Pacific American bar associations in filing an amicus brief in the Supreme Court in April 2018.

In its amicus brief filed in the Supreme Court, NAPABA argued the order was not within the scope of Presidential authority. NAPABA explained that Congress had deliberately omitted the option for the government to discriminate based on national origin in immigration policies when it passed the Immigration and Nationality Act, repudiating the lineage of anti-Asian orders that served as the foundation of American immigration law.

NAPABA is grateful for the many individuals involved in drafting its Supreme Court amicus brief, including its lead pro bono counsel, James W. Kim, a NAPABA member and partner at McDermott Will & Emery LLP, in Washington, D.C.; Mr. Kim’s team (including Cathy Zeman Scheineson, Matthew M. Girgenti, and Llewelyn M. Engel); NAPABA Amicus Committee co-chairs, Professor Radha Pathak of Whittier Law School and Albert Giang, a partner at Boies Schiller Flexner LLP in Los Angeles; Meredith Higashi, NAPABA Civil Rights Committee co-chair; Navdeep Singh, NAPABA policy director; and Oriene Shin, NAPABA policy counsel. NAPABA is also appreciative of the many NAPABA affiliates that joined the effort to challenge this series of orders.

For more information, the media may contact Brett Schuster, NAPABA communications manager, at 202-775-9555 or bschuster@napaba.org.

The National Asian Pacific American Bar Association (NAPABA) is the national association of Asian Pacific American attorneys, judges, law professors, and law students. NAPABA represents the interests of over 50,000 attorneys and over 80 national, state, and local bar associations. Its members include solo practitioners, large firm lawyers, corporate counsel, legal services and non-profit attorneys, and lawyers serving at all levels of government.

NAPABA continues to be a leader in addressing civil rights issues confronting Asian Pacific American communities. Through its national network of committees and affiliates, NAPABA provides a strong voice for increased diversity of the federal and state judiciaries, advocates for equal opportunity in the workplace, works to eliminate hate crimes and anti-immigrant sentiment, and promotes the professional development of people of color in the legal profession.

To learn more about NAPABA, visit www.napaba.org, like us on Facebook, and follow us on Twitter (@NAPABA) and Instagram (@napabanational).