September 22, 2017

Archives for August 8, 2012

South Asian Bar Association of Colorado Condemns Oak Creek Violence; Memorial August 8

The South Asian Bar Association of Colorado is deeply saddened by the violence that occurred at the Oak Creek, Wisconsin Gurdwara on Sunday. SABA-­CO extends its sympathies to the victims, their families, friends, and loved ones, and to the entire Sikh community.

The Colorado Singh Sabha will be holding Memorial Services to remember the victims on Wednesday, August 8, from 6:30-­8:00 pm. A Candlelight Vigil will follow at 8:00 pm. Everyone is welcome to attend this public event.

SABA-­CO condemns this horrible act of violence and encourages a supportive and inclusive discourse about mitigating such acts against any community—especially those targeted by hate—through education, awareness and community action. SABA-­CO is an organization comprised of South Asian and non-­South Asian attorneys. We have members who are Muslim, Sikh, Hindu, and Christian. During this time when public attention is particularly focused on the differences among us, SABA-­CO chooses to focus on those things we have in common and which bring us together as a culture and community of South Asians.

Donations to assist the victims’ families may be made here.

For updates, follow SABA-­CO on Facebook.

For questions or suggestions, please contact Neeti Pawar: (303) 333-5686 or neeti@neetilegal.com

The South Asian Bar Association of Colorado is the local chapter of the North American South Asian Bar Association (NASABA). SABA-­CO is a non-­profit organization whose mission includes the promotion and advancement of South Asian attorneys by way of professional networking, mentoring, and education to attorneys and law students. SABA-­CO will host NASABA’s national leadership convention in October 2013.

Tenth Circuit: Restrictions on Imprisonment Upheld, Including Prohibitions on Arabic-Language Newspapers

The Tenth Circuit Court of Appeals published its opinion in Al-Owhali v. Holder, Jr. on Tuesday, August 7, 2012.

The Tenth Circuit affirmed the district court’s decision. Petitioner was “convicted of several terrorism-related offenses stemming from the 1998 bombing of the United States embassy in Nairobi, Kenya. He is currently serving a life sentence without the possibility of parole at the United States Penitentiary, Administrative Maximum, in Florence, Colorado.” Since his arrest, Petitioner has been subject to Special Administrative Measures (“SAMs”), which impose special restrictions on his imprisonment. He brought a suit challenging several of the SAMs imposed upon him. The district court dismissed the suit, finding that Petitioner failed to allege plausible facts to support his claims. On appeal, he challenges “the prohibitions on communication with his nieces and nephews, two Arabic-language newspapers, and President Carter’s book.”

The Court found that dismissal was proper. Petitioner failed to “plead some plausible facts supporting his claim that the ban on communicating with his nieces and nephews did not serve the purpose of preventing future terrorist activity.” Also, he did not address “the government’s logical safety rationale for limiting his access to Arabic-language media—namely, the need to prevent [Petitioner] from acting upon contemporary information or receiving coded messages.” Lastly, “by stating his belief that [President Carter’s] book was banned while also admitting that he was not informed of the ban, [Petitioner] has merely highlighted the theoretical basis of his claim. . . . [Petitioner claims] without substantiation that he believes there is a secret policy in place that prevents him from obtaining the book. Such a claim, without more, is simply too speculative.”

Tenth Circuit: Unpublished Opinions, 8/7/12

On Tuesday, August 7, 2012, the Tenth Circuit Court of Appeals issued one published opinion and three unpublished opinions.

Tillman v. Bigelow

Heddings v. Garcia

United States v. Carroll

No case summaries are provided for unpublished opinions. However, published opinions are summarized and provided by Legal Connection.