Tag: united states court of appeals

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NAPABA Applauds Eleventh Circuit Ruling Halting Enforcement of Florida’s Discriminatory Alien Land Law

For Immediate Release: 
Date: February 2, 2024 		Contact: Rahat N. Babar, Deputy Executive Director for Policy 

WASHINGTON – In the ongoing litigation against Florida’s discriminatory alien land law (“SB 264”), the United States Court of Appeals for the Eleventh Circuit granted a preliminary injunction yesterday in favor of two of the plaintiffs and halted enforcement of the law against them. In temporarily blocking SB 264, the court held that the plaintiffs demonstrated a substantial likelihood that the statute is preempted by federal law and that they have shown an imminent risk that the law would cause them irreparable harm. The plaintiffs, lawfully present Chinese immigrants, first brought the suit because they were stymied in their efforts to purchase homes when the law went into effect.

“We are grateful that the court recognized the real harm that discriminatory statutes such as SB 264 are imposing on the Asian American community,” said Anna Mercado Clark, President of NAPABA. “As litigation continues, NAPABA will continue to oppose alien land laws, whether in the halls of Congress, in statehouses, or in court, until these discriminatory policies return to the dustbin of history, where they belong.”

In a robust concurrence, Judge Nancy Abudu acknowledged that “SB 264 was enacted for the specific purpose of targeting people of Chinese descent.” Judge Abudu concluded that the plaintiffs have shown a substantial likelihood that statute also violated the Equal Protection Clause of the United States Constitution. In doing so, Judge Abudu excoriated the District Court’s fraught reliance on the widely discredited century-old Terrace v. Thompson, 263 U.S. 197 (1923), case, determining that it “may have had support in 1923, but it is now 2024” and such laws are now subject to strict scrutiny.

NAPABA, together with its four Florida affiliates, joined an amicus brief before the Eleventh Circuit in the case, continuing our long history for over a decade of leading efforts to overcome the state’s legacy of anti-Asian alien land laws. This includes when Florida became the last state in the United States over five years ago to abolish such discriminatory language from its constitution, only to enact SB 264 last year. Throughout the country, NAPABA and its affiliates continue to fight these discriminatory measures through legislative advocacy and educating lawmakers and the wider public on the painful history and legal implications of wrongfully restricting the property rights of Asian American, Native Hawaiian, and Pacific Islander communities.

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The National Asian Pacific American Bar Association (NAPABA) represents the interests of over 60,000 Asian Pacific American (APA) legal professionals and nearly 90 national, state, and local APA bar associations. NAPABA is a leader in addressing civil rights issues confronting Asian American, Native Hawaiian, and Pacific Islander communities. Through its national network, 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 all backgrounds in the legal profession.

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NAPABA Applauds the Nomination of Adeel Mangi to the U.S. Court of Appeals for the Third Circuit

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For Immediate Release:  November 15, 2023 Contact: Rahat N. Babar, Deputy Executive Director for Policy 

WASHINGTON  – Today, President Joe Biden announced his intent to nominate Adeel Mangi to the United States Court of Appeals for the Third Circuit. If confirmed, Mangi would be the first American Muslim judge on any federal appellate court in the Nation.

“NAPABA congratulates Adeel Mangi on his nomination,” said Anna Mercado Clark, President of NAPABA. “A 2014 NAPABA Best Under 40 awardee, Mr. Mangi has been an active leader in the Asian American community, and his pro bono work supporting the American Muslim community is groundbreaking. He is exceptionally well qualified to serve on the court, and we urge the U.S. Senate to confirm him quickly.”

Adeel A. Mangi is a partner at Patterson Belknap Webb & Tyler LLP. He began his legal career there as an associate in 2000, became counsel in 2009, and was elevated to partnership in 2010. Mr. Mangi received his LL.M. from Harvard Law School in 2000. He qualified as a Barrister and received his Postgraduate Diploma in Professional Legal Skills from the City University London Inns of Court School of Law in 1999 and his First Class Degree in Law from the University of Oxford, Pembroke College, in 1998.

“President Biden has nominated 34 Asian American, Native Hawaiian, and Pacific Islanders to an Article III court, and 26 judges from the AANHPI community have been confirmed. Today, AANHPIs represent 6.5% of the federal judiciary,” said Priya Purandare, Executive Director of NAPABA. “As a point of comparison, President Trump confirmed 13, President Obama confirmed 22, and all presidents prior confirmed 19 AANHPI judges.”

NAPABA thanks President Biden for nominating Adeel Mangi and the New Jersey Senators for supporting his nomination.

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The National Asian Pacific American Bar Association (NAPABA), represents the interests of over 60,000 Asian Pacific American (APA) legal professionals and nearly 90 national, state, and local APA bar associations. NAPABA is a leader in addressing civil rights issues confronting Asian American, Native Hawaiian, and Pacific Islander communities. Through its national network, 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 all backgrounds in the legal profession.

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NAPABA Applauds the Confirmation of Cindy K. Chung to the United States Court of Appeals for the Third Circuit

For Immediate Release: 
Date: February 13, 2023		Contact:  Priya Purandare, Executive Director

WASHINGTON – February 13. The Senate confirmed Judge Cindy K. Chung to the U.S. Court of Appeals for the Third Circuit. She is the first Asian American to serve as an appellate judge on the Third Circuit.

“NAPABA congratulates Judge Chung on her historic confirmation to serve on the U.S. Court of Appeals for the Third Circuit,” said Sandra Leung, president of NAPABA. “A dedicated public servant, Judge Chung broke barriers when she was confirmed as the first AAPI to serve as U.S. Attorney in Pennsylvania. Today, we celebrate our 16th active AAPI U.S. Circuit Court Judge.”

Before serving as U.S. Attorney for the Western District of Pennsylvania, Chung served as a trial attorney in the Criminal Section of the Department of Justice’s Civil Rights Division, where she prosecuted the first case under the Shepherd-Byrd Hate Crimes Act. She also served as an assistant district attorney at the District Attorney’s Office, New York County, and investigation counsel in the Official Corruption Unit. Chung began her legal career as a law clerk for Judge Myron Thompson on the U.S. District Court for the Middle District of Alabama. She received her J.D. from Columbia Law School and her B.A. from Yale University.

“Judge Chung is active in the Asian American legal community, including participating in community briefings and events addressing anti-Asian hate incidents with our affiliate the Asian Pacific American Bar Association of Pennsylvania (APABA-PA). We congratulate Judge Chung on her confirmation,” said Priya Purandare, executive director of NAPABA.

NAPABA thanks President Biden for nominating Cindy K. Chung and Senator Casey, Senator Fetterman, and retired Senator Toomey for recommending and supporting her nomination.

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The National Asian Pacific American Bar Association (NAPABA), represents the interests of over 60,000 Asian Pacific American (APA) legal professionals and nearly 90 national, state, and local APA bar associations. NAPABA is a leader in addressing civil rights issues confronting APA communities. Through its national network, 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 all backgrounds in the legal profession.

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NAPABA Applauds Nomination of Jennifer Sung to the Court of Appeals for the 9th Circuit and Shalina Kumar to the District Court for the Eastern District of Michigan

WASHINGTON – On June 30, President Joe Biden announced his intent to nominate Jennifer Sung to the United States Court of Appeals for the Ninth Circuit and Shalina D. Kumar to the U.S. District Court for the Eastern District of Michigan. If confirmed, Ms. Sung would be President Biden’s first Asian American and Pacific Islander (AAPI) to serve on the appellate court and the first AAPI to serve on the Ninth Circuit in Oregon. Judge Kumar would be the first AAPI Article III judge on the federal courts in Michigan.

“NAPABA congratulates Jennifer Sung on her nomination to the U.S. Court of Appeals for the Ninth Circuit, and Judge Shalina Kumar on her nomination to the U.S. District Court for the Eastern District of Michigan,” said A.B. Cruz III, President of NAPABA. “It is indeed a historic slate for the AAPI legal community. If confirmed, Judge Kumar would be the first AAPI Article III judge in the state of Michigan. President Biden’s intent to nominate Ms. Sung is critical for our community to increase the visibility of AAPI jurists on the appellate bench. Of the 179 authorized federal appellate court judges, there are only 10 AAPIs who are actively serving.”

Ms. Sung is currently a member of the Oregon Employment Relations Board, where she adjudicates disputes involving labor relations for an estimated 3,000 Oregon employers and 250,000 workers in the public and private sector covered by collective bargaining laws. Prior to her appointment to the Board, she was a partner at McKanna Bishop Joffee, LLP in Portland. Earlier in her career, Ms. Sung was an executive board member of the New York chapter of the Asian Pacific American Labor Alliance. She is a graduate of Oberlin College and earned her J.D. from Yale Law School.

Judge Kumar currently serves as Chief Judge of the Oakland County Sixth Circuit Court in Michigan. She has been on the bench since 2007, has served as presiding judge of the Adult Treatment Court, and was appointed Chief Judge by the Michigan Supreme Court in 2018. Judge Kumar previously practiced at the Weiner & Cox law firm and served on the executive board of the Michigan Trial Lawyers Association and as a member of the Women’s Bar Association. She earned her bachelor’s degree from the University of Michigan, and her law degree from the University of Detroit-Mercy.

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The National Asian Pacific American Bar Association (NAPABA) is the largest Asian Pacific American membership organization representing the interests of approximately 60,000 legal professionals and nearly 90 national, state, and local Asian Pacific American bar associations. NAPABA is a leader in addressing civil rights issues confronting Asian Pacific American communities. Through its national network, 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.

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US Court of Appeals for the Second Circuit Promotes Pro Bono Panel

United States Court of Appeals
for the Second Circuit
Thurgood Marshall United States Courthouse
40 Foley Square
New York, New York 10007

Debra Ann Livingston, Chief Judge
Catherine O’Hagan Wolfe, Clerk of Court

June 14, 2021
For Immediate Release

The Criminal Justice Act/Pro Bono Committee is accepting applications for the Second Circuit’s Pro Bono Panel. The deadline to be considered for appointment in 2021 is July 30, 2021. The Court will continue to accept applications year-round, but applications received after July 30, 2021, will not be considered for appointment until 2022.

Pro Bono Panel members will, at the Court’s invitation or on a litigant’s motion for appointment of counsel, represent pro se litigants in civil appeals that present issues of first impression, complex issues of law or fact, or potentially meritorious claims warranting further briefing and oral argument. Pro bono representation will be provided to litigants who would otherwise be unable to pay for counsel and are ineligible for the appointment of counsel pursuant to the Criminal Justice Act.

Cases in which pro bono counsel will be appointed cover a broad range of legal issues, including prisoner civil rights, labor and employment, discrimination, social security, immigration, and tax law.

Applicants must be admitted to and members in good standing of the Bar of the Second Circuit or have an admission application pending before this Court, and have at least three years of appellate litigation experience. Pro Bono Panel members will serve for a three-year term.

Pro Bono Panel members who were appointed by the Court in 2018 for a three-year term must submit a new application if they wish to remain on the Panel.

An application package containing a resume, a written application (available on the Court’s website at http://www.ca2.uscourts.gov) and three writing samples, preferably appellate briefs on which the applicant was the primary author, must be submitted via email to [email protected] by July 30, 2021 for consideration in 2021.

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AABANY Hosts Breakfast Meeting with Chief Judge Srinivasan for Law Students

On Thursday, February 27, AABANY hosted a breakfast event for law students with Chief Judge Sri Srinivasan, U.S. Circuit Judge of the D.C. Court of Appeals, at The Smith in NoMad. Judge Srinivasan was in town for AABANY’s 2020 Annual Dinner where he was presented the Public Service Leadership Award, and the judge was gracious enough to take the time the next morning to advise students pursuing careers in law. Judge Srinivasan familiarized students with his many life experiences by speaking about his upbringing, education, and career. Everything from his judicial philosophy to his love of sports provided attendees with important nuggets of wisdom and essential insights. 

Judge Srinivasan elaborated extensively on the three guiding principles that have shaped his life and his service: doing great work, being a good person, and assuming the best of those around you. 

For his first tenet, Judge Srinivasan addressed the familial and social pressures that are widely prevalent in the Asian-American community, acknowledging the constant push to “climb the ladder” and focus heavily on quantifiable success. However, despite this pressure, he insists that the goal of students shouldn’t be to chase after the most lucrative opportunities to bolster a resume, but instead, students should strive to give their best and humble effort to everything that they do, no matter how small or invisible. Such persistence will pay off and be recognized in the long-run. 

Regarding his second principle, the judge drew heavily from his own experiences with people in the legal field. He insisted that acting transparently in good-faith and modeling kind behavior will in turn make people feel heard which increases the likelihood of reaching mutually beneficial agreements. Judge Srinivasan remarked on how surprised he has been in the past by the benefits of simply listening to others. His way of approaching interacting with other people has influenced those around him, garnering the respect and trust of his peers. 

Finally, Judge Srinivasan insists that, despite our initial inclination to expect the worst of others, there are pleasant surprises to expecting the best of others. Especially in such a partisan environment, he insists that it is important to treat traditional “adversaries” not as ill-intentioned individuals but as normal people with differences in how they approach universal problems. By viewing other people as different rather than evil, the judge believes that compromises can be reached more quickly and effectively. 

After giving students background on his experiences and philosophy, Judge Srinivasan opened himself up for questions from the attendees. Many of the students focused particularly on how they can better represent their ethnic communities and perform optimally in the field. 

Since some of the students present are leaders of affinity groups on their respective campuses, the judge applauded the efforts of the student leaders and addressed the importance of student advocacy groups. He referenced a common saying by his sister, “it’s hard to be what you can’t see,” to reveal how these minority cultural groups give face to their community and provide the next generation with role models to look up to. While he acknowledged this responsibility to represent is daunting and can feel lonely at times, Judge Srinivasan believes that student leaders should reframe their thinking to feel excited in the face of adversity. 

Regarding how to achieve success in the field, the judge suggested looking for mentors who look out for your best interests, preparing for cases thoroughly, and embracing fluidity in argumentation. On a concluding note, Judge Srinivasan stressed the importance of establishing credibility in the forum by advocating zealously while still demonstrating objectivity. 

AABANY thanks Judge Srinivasan for his valuable time and thoughtful advice! If you are curious about the judge’s work, please feel free to click the link below as the D.C. Court of Appeals is one of the only appeals courts that livestream oral arguments on its website. Details at https://www.cadc.uscourts.gov/internet/home.nsf/Content/Oral+Arguments

Thanks to AABANY Legal Intern David Jung for the write-up and photos.

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The United States Court of Appeals for the Second Circuit is accepting applications for service on the Court’s Criminal Justice Act Panel

The Criminal Justice Act Committee of the United States Court of Appeals for the Second Circuit is accepting applications for service on the Court’s Criminal Justice Act Panel. Criminal Justice Act Panel Members represent indigent criminal defendants and petitioners for habeas corpus.

The deadline for applications is 5:00 p.m. on Monday, April 8, 2019.

To see the full announcement and learn more, click here.

For the application form, click here.

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NAPABA Celebrates Confirmation of James Ho to U.S. Court of Appeals for the Fifth Circuit

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For Immediate Release

Dec. 14, 2017

WASHINGTON — Today, the United States Senate voted to confirm James C. Ho as a judge on the U.S. Court of Appeals for the Fifth Circuit. Ho is the first Asian Pacific American to serve on the Fifth Circuit and the sixth active Asian Pacific American federal appellate judge.

“James Ho is nationally recognized for his legal acumen and we congratulate him on his historic confirmation,” said Pankit J. Doshi, president of the National Asian Pacific American Bar Association (NAPABA). “Widely respected throughout NAPABA for his leadership and mentorship, we congratulate him on his confirmation. It is fitting that he continues to break barriers on behalf of the community as the first Asian Pacific American to serve on the U.S. Court of Appeals for the Fifth Circuit.”

Ho is the co-chair of the Appellate and Constitutional Law practice group at the law firm of Gibson Dunn & Crutcher. He has presented over 45 oral arguments in federal and state courts nationwide, including 16 arguments before the Fifth Circuit. He has argued and won cases before both the U.S. Supreme Court and the entire Fifth Circuit en banc.

Throughout Ho’s career, he has had extensive experience in all three branches of government: as former chief counsel for Senator John Cornyn, as an appointee at the U.S. Department of Justice, and as a law clerk for Justice Clarence Thomas of the U.S. Supreme Court and Judge Jerry E. Smith of the U.S. Court of Appeals for the Fifth Circuit. Most recently, he was the first Asian Pacific American ever appointed to serve as the solicitor general of Texas, the state’s chief appellate and Supreme Court litigator.

Ho is an active member of the Asian Pacific American community. He is co-chair of the NAPABA Judiciary & Executive Nominations & Appointments Committee, and he has written and spoken on numerous occasions about the role of Asian Pacific Americans in the law.

Ho has been recognized for his leadership and honored by organizations throughout the Asian Pacific American community, both nationally and in Texas, including the President’s Award from NAPABA, the Award for Outstanding Contributions to Asian Pacific American Leadership from the Conference on Asian Pacific American Leadership, the Justice David Wellington Chew Award from the Asian Pacific Interest Section of the State Bar of Texas, the Community Leader Award from the Dallas Asian American Bar Association, the Award for Outstanding Contributions in Law from the Greater Dallas Asian American Chamber of Commerce, and the Outstanding Achievement Award from the SMU Asian Pacific American Law Students Association.

NAPABA is proud to have supported James Ho during his nomination process. We thank President Trump for nominating him and Senators Cornyn and Ted Cruz of Texas for recommending him to the White House.

For more information, the media may contact Brett Schuster, NAPABA communications manager, 202-775-9555, [email protected].

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 almost 50,000 attorneys and over 80 national, state, and local Asian Pacific American 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).

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NAPABA Inspirational Video Series | Judge Denny Chin

How did the son of a garment factory seamstress and Chinese restaurant cook come to sit in chambers once occupied by Justice Thurgood Marshall?

The December edition of the NAPABA Inspirational Video Series showcases Judge Denny Chin and his path to the United States Court of Appeals for the Second Circuit. Judge Chin leads you on a journey from his immigration to the U.S. from Hong Kong at the age of two to his first law school internship with the Southern District of New York where he realized—almost immediately—that he wanted to become a judge.

Be sure to discuss and share Judge Chin’s story on Twitter, Facebook, and Instagram using the hashtag, #NAPABAInspirationalSeries.

About Judge Chin
Judge Denny Chin is a United States Circuit Judge for the U.S. Court of Appeals for the Second Circuit. He was sworn in on April 26, 2010. He had previously served, from Sept. 13, 1994, through April 23, 2010, as a U.S. District Judge for the Southern District of New York.

In the District Court, Judge Chin presided over a number of important matters, including cases involving Megan’s Law, the Million Youth March, Al Franken’s use of the phrase “Fair and Balanced” in the title of a book, the Naked Cowboy, and the Google Books project. He also presided over two criminal trials arising out of the United Nations Oil for Food Program, as well as the trial of an Afghan warlord charged with conspiring to import heroin, and the guilty plea and sentencing of financier Bernard L. Madoff.

In the Circuit Court, Judge Chin has authored opinions or dissents in cases involving the enforceability of arbitration clauses in on-line agreements, the General Motors bankruptcy, environmental regulations governing the discharge of ballast water from ships, the constitutionality of the government’s seizure and retention of computer hard drives, barriers to access for voters with disabilities, and the streaming of copyrighted television broadcasts over the Internet.

(Source: https://www.youtube.com/)