MLCommons/peoples_speech_v1.0 huggingface dataset:
and september fifth two thousand and two the immigration judge terminated this removal cases and the record of one fifty to one sixty three the judge found that the single offense was neither an a had gone back and forth three times or something along those lines and i'm wondering if what you know i think you're proposing something a little bit different things never been done and so when the case goes back you're proposing that what they did before honors which are time like the second circuit in the johnson versus ashcroft case has also held that the government should not logic no charges where the facts have already been lose a second suit by the same parties on the same plane to ensure that the litigation will finally be over seven years continuous presence on the notice of a pair with the pair was issued is that correct yes i see that and her blue brief and fact i'm questioning that under what at that time he had not been in the united states for seven years right well the continuous presence necessary to make an application for cancellation of and move all commences at the time of any lawful admission and with a serving of the charging document in september of one nine hundred ninety eight so he had this seven years of continuous presence with a permissible retroactive application of prong a now the government has expectations except that it was all victor and secondly that was in the context of whether a person is commission of an aggravated felony what i actually knock out a person's l b from being eligible for cancellation so that was a different had terminated proceedings and the order was essentially final and then a motion to reopen came years later and the immigration judge reopened proceedings the case was then fields and board and then an appeal to the this court so there it was a clear expectation that the proceedings based upon our particular document were finished so this is this is quite different in the sense that there were no there was no final judgment and it was i was being a final order so that is why we're saying that the regulations in this particular instance allow for a good deal just to a large additional charges and that because the order was not final
own incredible variety of sexual abuse yeah that's it and so for purposes of showing propensity and similar acts wasn't it necessary for the state or listen from the other have said my step grandfather assaulted me in similar ways but not be able to see for home i don't i'm trying to determine and i'm what basis we could find this was an abus about the contacts and it's so in this case because limited not necessarily in every case a certain amount of pages of testimony but because we do have such an extreme amount of testimony and such an extreme number of assets again in the jury could have come to one of several different conclusions based on the admission of the squire first they could have thought that washington committed a crime was committed against the same primary complainant that he was convicted of a crime against of the other two sisters based on the same testimony and these conclusions are both presidential because this is just testimony over the summer get away in washington same behavior so it and the jury has already found that he was guilty of the same behavior and within credibility to assess washington's credibility because the jurors sent to notes specifically asking for the evidence of the prior conviction so they are interested in using it for a propensity evidence we also have this big issue where the jury's could have considered and because of the compound combined prejudice from these two errors washington requests that this quote reverses conduction and remain for a new trial and i think they ask a question before you sit down this time and it's it's something that comes up in these cases in there where if someone wanted to they could probably discover these miners identities shouldn't the parties be sensitive to the act in terms of what they file on that score to identify minors list your honor and i apologize for using the children's first names in the briefs and usually initial reviews but because all three sisters have the same initials in order for clarity and i decided to to look at every case on a case by case basis and if you look at the trial that we have here where there was a young victim of age of five when this case began and continued for several years made a familiar offender the step grandfather who wasn't aware that there should be a limit on propensity evidence even if some propensity evidence can come in the state also at trial these are his comments in opening and closing arguments one  and thank you thank you very much
perspective of the court and so if you've made a distinction in the time of the complaint you look at what was presented to the court at that time you have two motions and you have a complaint at that time you have an ongoing guardianship proceeding certainly extension would apply and also you have to look at what were the claims by the plaintiff at that point throughout the briefs the supplemental opening brief and the reply brief the plaintiff's focus is on events occurring after the order resulted in entered by the lower court things that the lower court was not even aware of the ultimate conclusion of the guardianship but at the time that the lower court made this decision what was presented to the lower court was were specifically request by the plaintiffs that the court jumped into this a court proceeding want order the first sentence of that indicates this order affirms the common parental authority of not only perry having stalled custody of her daughter and of her what was the plaintiff asking the court to do at that point is to actually make it custody create certainly domestic relations exception would apply and there was no reason all of the different things that are raised in the opening brief in terms of there's no request by the plaintiffs for custody create that's not true there is there is no we question for the plaintiffs regarding  terminations certainly that's exactly what she was asking and that there was no possibility that a federal court was going to get unmatched in the state court proceeding  case the akron branch case primarily what was what i saw the i can break cases being used for by the plaintiffs is to say that somehow the domestic relations exception doesn't apply in the first week or only applies to the person cases and doesn't apply to federal institution cases that's court erred and dismissed in the complaint without prejudice so she have the ability to do to me certainly you know we time i've ever had a case that was dismissed without prejudice the other side can raise a new complaint and then we argue about the new complaint we a motion to dismiss we do what we feel is necessary but what would not be appropriate at this point to find a lower court here i think the lower court did exactly what it should have done now he was saying i would have thrown in i don't i don't wear robes so diversity i certainly would have that after reviewing all the certainly that's the way i would have gone but that's not what was there but certainly this court this was frankly so that was an appropriate decision based upon the court's perspective at that point at that time there was an ongoing
a motion yes i would like to move the admission of taylor king he is a member of our and it's in good standing with highest court of the state of california i have knowledge of this family across country in order to join us and we're very happy that we were able to convince him to do that and tell us a graduate of george washington right here in d c so he wasn't unfamiliar with the surroundings  but he has been a great addition to chambers and we love having him and we love getting to know his family including his three children and after this he's going to go back across country because well he says he was ok apparently it wasn't that good so he's was so if a particular user converted a video file on its computer to a video streaming file i don't think let's focus on that one i know you've got a couple of different reasons for saying you have an event of concept but i just want to first understand that one i make sure we kind of drill down on each one one in a time  completely new way to look at things that have never been done before that sounds like they're actually creating a problem right by claiming an arrangement where you send the video file from no accept that it was no it was known to do it ok it was ok now we're doing now we're moving over to a website environment internet environment there's a file data file with data file being associated with some kind of perhaps that requires a lot of memory or something like that at the same time here what we have is just in the cli the concept of including a thumbnail image without explaining how you've managed to i don't know deal with any kind of memory restrictions or something like that in order to include such a thumbnail so i'm a little bit of a boss right now why he says you should have some kind of label whether it should be understood that any system process our capability that can be carried out on the user's computer can equally well be carried out on a host or receive in cuba right as that is plain exactly what you were just saying that
by talking
insurance think of it as payroll protection it's exactly what it is and in this case the person resubmit a claim with a new group of lost saying hey not only my still the stable but look so security disability a standard higher has found me year two thousand and i think i become disabled and i say to credential look i'm disabled and they say nuts you have the nerve just ability whatsoever  that's what they say and they refused to make any payment and that's the end of that now it's two thousand and thirteen thirty thirty years later fifty thousand and forty forty years later bargaining positions have been announced in the case of offer every one of our fundamental tenets we know that in that context the burden is always going to be on credential the burden is always going to be on the insurance company if they themselves by dropping this language or knowing that it's time period that we focus on it is bizarre to an extent however i suggest you it's a uniform code that applies to all faiths any carrier knows or should know knowing all the majority of jurisdiction a lawyer if one or the hartman for this company as far as i'm
robbery was the physical violence was a robbery yes your honor they had limited access to education employment housing and medical benefits as well as extreme economic discrimination there has been discrimination against them because of their russian heritage unfortunately despite the difficulty of the attack on yuri we don't have any evidence that it was state sponsored or was because he was russian how do we figure out in your view whether discrimination rises to the level of persecution under your honor i think it's important to look  at the fact that one of the arguments that we're presenting to this court is that the dishonest warrants represented effectively at their hearing there were many issues there were many circumstances that they themselves in their prose a capacity to the board of immigration appeals president said as best as they could i think it's also very clear from the record that the summary affirm and of the of the immigration judge's decision completely left special level that this court itself has found that when there is a situation of extreme economic discrimination it can amount to persecution this hearing was in the two thousand death of your east father who because he was not able to speak the stone in language he was not able to be taken care of at a hospital they refused to speak with him in the russian language they would at least present the fact that yuri did try to go to the government and he was completely denied any kind of assistance as far as the police officials in investigating his particular start they would give a lot more evidence with respect to the fact that their child anna was denied education rights because she didn't speak a stone and they would also present to the present day really what the attitude is in the stoning of trying to diminish the greatest possible extends the  counsel claim  did not show the course the whole picture of our circumstances we relied on an attorney to describe our situation and concerns but our representative was not prepared it was the reason we were not able to tell our story to the immigration judge what they were doing was making a pro se ineffective assistance of counsel claim and i would suggest that at the very least the b i a could have denied it outright lozada requirements and follows that require explicitly in order to get the eye in consideration the government also indicated that the sonic families failed to demonstrate actual prejudiced but i think that thanks  honor thank you very much department report in their records indicates that some of these conditions have changed for instance there are efforts outlined in those reports from two thousand and one and two thousand and t efforts by the government to include the conditions of non estonian minorities which constitute approximately one third of the population and the last state department report that would total about four hundred seventy five has indicated to judge whole who was the writer of this opinion that we don't use the cookie cutter approach in immigration law so i think you have a very clear indication at least by the deportation to india that that is exactly
not only getting a pretty good time but it is either a live nor is it likely that he would refuse to plead guilty to a different advice
provide evidence of how he obtained book horton the judge instead made a decision that it was an expungement i need to give the court a little background information that isn't exactly clear in the record working and discussed his prior convictions the wife came back to the united states he went to south africa in south africa he did whatever the south african only remedy unlike an outwards where we can make a motion to reopen a criminal proceeding and ask that the judgment be set aside because the need that was given which was based some plea bargain or some attorney's advice didn't consider ultimately the shall we say future of this particular person here we don't have a problem doing that we don't reopen them for immigration original underlying south african case we've never had an opportunity you explore that when you say you never had an opportunity just for it means that you never did in the original proceeding correct  not and he took the plea and accepted of minimum consequence and left the country and went to work in new zealand he spent very little time in south africa immigration appeals in essence rubberstamp good by saying the same thing that they didn't leave open the same here we are the same question with open was there a defect in the underlying proceedings in the briefs submitted by have would that have been sufficient for the immigration judge i don't know i'm not i don't know what i got out of the jacksons who are probably not because he actually did testify about what he had to do to obtain a pardon and what he said was that he was required to seems highly unlikely to me that these were two separate proceedings that both had underlying defects so that when we look at that evidence the immigration judge rightfully concluded that she had not met the burden of showing th
education the injury that the splasher alleges here is not related to improving your child's education in the sense that the school district can give her any service that will help the could have argued in the administration that this was causing her terrible psychological problems and couldn't the district at least help her deal with dealing with the just her she wants  in motion to supplement the record in this court at two thousand and three decision it was decided after the district court and this panel has denied the motion to add that to the record so we don't think it's provides is that money damages are probably not available under the id i think we all know that that reimbursement expenses are attorney's fees for prevailing at stages in the proceeding if there isn't enough
questioning regarding the impact of the bankruptcy case when he died or was a bankruptcy in this case it was originally thirteen converted to a chapter seven chapter seventeen a situation where the debtor is seeking a full discharge of their d unsecured debts and they get discharged into bankruptcy in the ordinary sense but the mortgage is a little bit different because there's a property and there's a mortgage and a nope so there's a no which is the obligation to pay and there's a mortgage which is the security interest so that the borrower it does receive a discharge and she would have no obligation and nothing going through she would end up with a free house that's why in the context of the bankruptcy case the debtor has two options she can either choose to surrender the property and take her discharge or she can do what is called a reaffirming bidet reaffirming that that is saying just that you really are getting this discharge i'm really forming my obligation to make these payments the step is going to ride through the bankruptcy case so that's a situation where she's not getting that free house she either has to choose i want this debt and nobody that goes with it i want to be discharged and that body and she's got to do something with and in this instance she surrendered it and i think this court came up to two decisions keys over to the more mortgages what is it is it's an intention to surrender and she's saying i'm going to allow you to do this because the property and the mortgages are governed by state law and the only way to by filing this case after taking her discharge and after surrendering the property is completely inconsistent with her intent and the purpose of her surrender of the property was because she's doing the very thing she said she wasn't going to do essentially she those case sero words these are all first circuit cases all dealing with decision i think that the energy that assigned mortgage had authority to do so there is nothing at all about the eden case that came out after those decisions mortgage and so for those reasons we think the challenge based on the mers assignment is controlled by first circuit precedent also controlled by the personhood process is the argument regarding the point service agreement in this case again a number of
use of the three years and guideline was sufficiently and now like us to do with the charge of conviction which was the vicious conspiracy and it is our position that it was not at page twenty one of the treason guideline was not analogous and to the extent it was perhaps the only analogous sideline it was not sufficiently analogous to have been used here what points make it necessarily that there is a denial of allegiance at that point and as mr cohen said during the sentencing it's it becomes an issue too of historical perspective if you look at somebody like john firearm in relation to certain crimes that is the most analogous under their own analysis i say to the court that there is not an analogous guideline and therefore what should have happened was eighteen u s c thirty five fifty three b should have been applied which then at this point in time would bring us back to the booker situation and the application of the anyway have been properly considered and whether the sentence was reasonable that is part of it but my position would be we can't even if that's true we can't use the treason guideline because first it adds an element essentially if you will under an upright and the analysis and enhancement that the defendant did not plead to number two analogous allows for a comparison of the central concepts of both crimes with the recognition that certain elements will be different not spelled out in the same way but i don't see that it's radically different and it may not be wrong looking at it from the outside that we work past to look at it in terms of the then he was an american citizen at the time that he pleaded guilty to conspiracy to levy war against the united states that's her us how is that different situation and the facts of this situation indicate that we had a person who went out and learned how to shoot guns he bought a shotgun and there's an issue as to whether that was her for its own protection after nine eleven with mosques being broken into a reasonable probability that he would have gone to trial for counsel's advice in the district court that was not even pled nor is only precedent be exist specifically addresses that issue is united states  remarkable decision indeed for the court to reach that and continues to be out there at this point in time that defense counsel had to guide him to guide them because there were two that's council president now my question is how are there any other questions  significant specially tailored motions were filed on behalf of mr ford and other defendants that they were ready and prepared to go forward with those on october sixteenth and then suddenly the plea offer was set up by the government it's on the court will take a recess for about ten minutes
fourteen percent of their cable on the boat that was under construction was short short and i raise my voice and send an e mail to the president of the company that it's impossible for the company who has one hundred and two years experience to have such a defect and i was next quarter out of the gates right away in the next phase it was down by their lower floors and then the next phase came to the residence to the house where we lived in a one connected  for a loan that house right and they're saying you didn't pay me the payments and therefore they're they want to foreclose on the mortgage that's not true no so what did they do they dutch under the circumstances that you just described you know sent to you what exactly did citi mortgage that you are saying is a violation of law or a violation of your rights
should like to tell you that i've seen some of the experiment shown in this film actually carried out at the all russian physiological condit's as you can imagine technique the following experiment is conducted on the lines taken from a man stand the lungs and fill them with tha isolated lines breed producing the same chemical changes as in the living  individual organs enabled scientists to proceed to experiment on reviving the  this is one of the animals lost