Thursday, April 16, 2015

          HAP Students Argue Police Evasion Case at Ninth Circuit

          3Ls Gregory Michael and Dorothy Yamamoto argued their pro bono case, Medina Nunez v. Holder.
          Sample alt tag.
          Professor Stephen Tollafield '02, at left, with Dorothy Yamamoto, Gregory Michael and HAP Director Gary Watt '97.

          On April 13, 2015, Hastings Appellate Project 3Ls Gregory Michael and Dorothy Yamamoto appeared at the Ninth Circuit to argue their pro bono case, Medina Nunez v. Holder, Case No. 14-70657. 

          Watch the Argument!

          Yamamoto delivered the argument before Ninth Circuit Judges Alex Kozinski and Susan Graber and visiting Massachusetts District Court Judge Michael Ponsor.

          The case presents the novel issue of whether California’s crime of reckless evasion of a police officer is categorically a crime involving moral turpitude for purposes of federal immigration proceedings.  The client, a lawful permanent resident of the U.S., was convicted of evading a police officer when he continued to drive to his home after officers evidently tried to stop him for having a cracked windshield.  At the appellate oral argument, Yamamoto emphasized the relevant California statute’s unusual and non-traditional statutory definition of “willful and wanton disregard,” which did not require the jury to find the kind of “evil intent” that would justify removing the client from the country and his family under the federal Immigration and Nationality Act. 


          Click to Tweet: Law students argue Medina Nunez v. Holder at Ninth Circuit http://ctt.ec/GY837+ via @uchastingslaw #sf


          Hastings Appellate Project students are supervised by Gary Watt ‘97, Director of HAP and a partner and appellate specialist with Archer Norris, and Stephen Tollafield ’02, Associate Director of the UC Hastings Legal Writing and Moot Court Department. Now in its sixth year, HAP students provide pro bono appellate representation to indigent litigants who face sophisticated and novel legal issues that impact underrepresented and low-income communities across the country. 

          The case is currently submitted for decision by the court. Stay tuned for updates.

          ###

          Go to News Archive

          Share this Story

          Share via Facebook
          Share via TwitterShare via EmailPrint Friendly Version

          Other Recent Stories/ RSS

          Friday, June 22, 2018

          Professor Chimène Keitner Announced as Inaugural Scholar-In-Residence at Orrick

          The “Orrick scholars program,” believed to be the first of its kind in the United States, is an innovation of collaboration that will support attorneys focusing on numerous areas of practice, including cyberlaw issues.
          Friday, June 15, 2018

          The “Great Facilitator” Sammy Chang Leaves a Lasting Legacy at UC Hastings

          Recent graduate Samuel “Sammy” Chang ’18 identified many problems facing UC Hastings law students and facilitated the change needed to fix them throughout his law school career.
          Thursday, June 07, 2018

          Valerie McGinty '06 Leads a Push to Elect Progressive Women in California

          The UC Hastings alumna founded Fund Her after the 2016 election to achieve gender parity in the California State Legislature.
          Friday, June 01, 2018

          Thinkers & Doers: May 2018

          Professor Karen Musalo & actress Jane Fonda co-author New York Times piece – Can Trump block people on Twitter? – Alum builds 25-foot art installation on the Embarcadero – The health care merger arms race – Highlights from the 137th Commencement – Pride Law Fund honoring Professor Matthew Coles – Orrick Attorneys & UC Hastings Students Step Up to Help Homeless – and much more
          Friday, May 18, 2018

          UC Hastings Students Speak at UN Human Rights Council in Geneva

          Members of the Hastings Human Rights and International Law Organization attended the 37th Session of the United Nations Human Rights Council to meet diplomats, engage in discussions on human rights issues, and deliver advocacy statements during proceedings.
          Go to News Archive