Rachel Browning’s Legal Blog

Smith & Garg, LLC

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Entries from June 2008

The Supreme Court and Constitutional Comparativism

June 26th, 2008 · No Comments

There has been much discussion over the past several years of certain Supreme Court Justices references to international law in their decisions and whether or not such practice is justifiable, legal or even necessary when interpreting the U.S. Constitution.  This week the high court handed down several important decisions, and international law was invoked, but [...]

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Tags: Business Law · Constitutional Law · International Law · Maritime Law · Uncategorized

Individuals of “Extraordinary Ability” - The O Visa and EB-1 Petition

June 24th, 2008 · No Comments

O-1 classification applies to persons possessing “extraordinary ability in the sciences, arts, education, business, or athletics, or extraordinary achievements in the motion picture and television field.”  To obtain an O-1 visa, applicants must demonstrate that they possess “a level of expertise indicating that the person is one of a small percentage who has risen to [...]

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Tags: & Entertainers · Adjustment of Status · Artists · Business Law · Employment Based Petitions · Green Cards · Immigration · International Law · Musicians · Temporary Workers · Uncategorized

A Loss to the Immigration Bar, and to this Attorney - Professor Joseph A. Vail

June 19th, 2008 · 1 Comment

On Tuesday, I received the sad news that a law school professor of mine and immigration attorney, Joseph Vail,  had passed away after a long battle with cancer.  I had known for over a year that he was ill, but was unaware of the severity of his illness until last month.   I last saw him [...]

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Tags: Uncategorized

Supreme Court Rules 5-4 for Guantanamo Detainees’ Right to Habeas Review

June 16th, 2008 · 1 Comment

Last week imprisoned terror suspects at Guantánamo Bay, Cuba, won a major legal victory when the US Supreme Court ruled that they have the right to petition US courts to challenge the legality of their open-ended detention, through a writ of habeas corpus.  The 5 to 4 decision struck down a portion of the 2006 [...]

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Tags: Uncategorized

To those seeking Free Legal Advice, Read this…

June 11th, 2008 · No Comments

I don’t know what it is about immigration law that creates the impression in people (petitioners and beneficiaries alike) that they can handle the process on their own, without consulting a lawyer.  I also don’t know what makes the same individuals think that when they do run into trouble, or into a situation in which [...]

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Tags: Uncategorized