Supreme Court Justices give gov’t time to address second travel ban ruling

The Supreme Court on Tuesday gave the Trump administration more time to file legal papers in its bid to reinstate a ban on travelers from six mostly Muslim countries.

The justices agreed to a request from Acting U.S. Solicitor General Jeffrey Wall to address Monday’s ruling from the federal appeals court in San Francisco. That ruling said the executive order violated federal immigration law. It was the second time a federal appeals court had refused to lift a hold on the revised travel ban.

 

Judge Sheila Abdus-Salaam, first African American woman on New York’s top court, found dead in Hudson River

Sheila Abdus-Salaam, the first African American woman to serve on New York’s top court, was found dead in the Hudson River on April 12, police said. She was 65.

It is not yet known how Abdus-Salaam, who lived in Harlem, ended up in the river, or how long her body had been there. Her death shook the New York legal community, prompting responses from colleagues, judges, and state and local political leaders.

 

Black Muslims aim for unity in challenging time for Islam

Many Muslims are reeling from a U.S. presidential administration that’s cracked down on immigrants, including through the introduction of a travel ban that suspends new visas for people from six Muslim-majority countries and is now tied up in court. But black American-born Muslims say they have been pushed to the edges of the conversations — even by those who share the same religion.

They say they often feel discrimination on multiple fronts: for being black, for being Muslim and for being black and Muslim among a population of immigrant Muslims.

Central to the issue, experts say, is that Islam is largely portrayed as something foreign. That’s a misconception University of San Francisco professor Aysha Hidayatullah encounters when teaching an “Islam in America” class where she looks at Islam’s presence in America from the slave trade to civil rights — something that is a surprise to many of her students.

“It’s a class that is focused mainly on recovering the black memory of Islam in this country,” she said. “That’s the element that’s forgotten.”

 

French jihadist sentenced to ten years in prison following return from Syria

Nicolas Moreau, a convicted French jihadist who returned from Syria, was sentenced to 10 years in prison for criminal association with a terrorist organization.

The 32-year-old Frenchman was not present at the Paris correctional court since he refused to leave the prison where he is being held for the hearing.

Prosecutors had argued that Moreau presented an “extremely dangerous threat” and warned that he risked returning to his “jihadist commitment” once released.

 

A former fisherman from Nantes, Moreau fell into a life of petty crime before he was radicalised in prison and left France to join the ranks of the Islamic State (IS) group in Syria and Iraq. He stayed in the region for nearly a year and a half, according to prosecutors, and even ran a restaurant in the IS group’s de facto capital of Raqqa, Syria, during the last three months.

At a hearing on December 14, 2016, Moreau warned the court that if he was sentenced to more than 18 months in jail he would “return to armed combat”.

Born in South Korea and adopted by a French family at the age of four, Moreau lived in the western French city of Nantes and fell into delinquency after his adoptive parents divorced. He was sentenced to five years in jail for violent robbery and converted to Islam while in prison.

It was a trajectory of radicalization similar to his younger brother, Flavien Moreau, who became the first French jihadist to be tried upon his return from Syria. In November 2014, Flavien was sentenced to seven years in prison.

Both the brothers were born in South Korea before they were adopted as infants. But Flavien, the younger brother, spent only a few weeks in IS group-held territory since he was unable to cope with the jihadist group’s no-smoking policy. He entered Syria in November 2012, but returned to France weeks later to pick up an electronic cigarette. He was arrested in Turkey on his way back to Syria. Flavien is currently serving a seven-year term.

During his trial, Nicolas Moreau, the older brother, told the court he left the caliphate because he “became aware of the excesses of Daesh. He told judges he wanted to get married and return to normal life. But he also warned judges that: “If you put a heavy penalty on me, it will be harder to reintegrate me [into society]. I will take up arms again.”

Prosecutors however argued that Nicolas Moreau required a 10-year sentence since “he would return to his jihadist commitment” if released.

Judge Rejects Settlement Over Surveillance of Muslims by New York Police Department

A federal judge has rejected the settlement of a lawsuit stemming from the New York Police Department’s surveillance of Muslims, saying the proposed deal does not provide enough oversight of an agency that he said had shown a “systemic inclination” to ignore rules protecting free speech and religion.

In January, Mayor Bill de Blasio, a Democrat, agreed to appoint a civilian lawyer to monitor the department’s counterterrorism activities as a means of settling two lawsuits accusing the city of violating the rights of Muslims over the past decade.

But the judge, Charles S. Haight Jr., in an opinion published on Monday, said the settlement did not go far enough for an agency that had become “accustomed to disregarding” court orders.

“The proposed role and powers of the civilian representative,” Judge Haight wrote, “do not furnish sufficient protection from potential violations of the constitutional rights of those law-abiding Muslims and believers in Islam who live, move and have their being in this city.”

Judge Rejects Settlement Over Surveillance of Muslims by New York Police Department

A federal judge has rejected the settlement of a lawsuit stemming from the New York Police Department’s surveillance of Muslims, saying the proposed deal does not provide enough oversight of an agency that he said had shown a “systemic inclination” to ignore rules protecting free speech and religion.

In January, Mayor Bill de Blasio, a Democrat, agreed to appoint a civilian lawyer to monitor the department’s counterterrorism activities as a means of settling two lawsuits accusing the city of violating the rights of Muslims over the past decade.

But the judge, Charles S. Haight Jr., in an opinion published on Monday, said the settlement did not go far enough for an agency that had become “accustomed to disregarding” court orders.

“The proposed role and powers of the civilian representative,” Judge Haight wrote, “do not furnish sufficient protection from potential violations of the constitutional rights of those law-abiding Muslims and believers in Islam who live, move and have their being in this city.”

Teen migrants head to UK as French court upholds ‘Jungle’ closure

France transferred another dozen mostly Afghan teenagers to Britain on Tuesday as efforts to rehouse the most vulnerable migrants of the “Jungle” camp in northern France accelerated ahead of its demolition.

The departures, which still amount to a small portion of an estimated 1,000 youngsters unaccompanied by adult family members, came as a court rejected a request by 11 charities that the closure of the Jungle be postponed.

A first busload of children arrived in Britain on Monday from the “Jungle” camp near the French port of Calais as the British government started to act on its commitment to take in unaccompanied migrant children before the camp is destroyed.

The court in Lille rejected the plea by local charities for more time to organize rehousing of the thousands who live there.

“It’s now just a matter of days,” Interior Minister Bernard Cazeneuve told parliament after the closure ruling was announced. “We are now nearing the moment when the operation will begin.”

A 16-year-old Afghan named Azizullah was delighted to be leaving the camp that has come to symbolize the plight of war refugees.

“My dream came true because I want to see my brother, I miss him,” he said as he readied to leave. He planned to join his 36-year-old brother, who works in a pizza restaurant on the other side of the Channel.

President Francois Hollande, facing an election in April, has promised to shut down the camp under local pressure. His government has already started rehousing thousands of Jungle inhabitants in dozens of towns and villages across France.

Regarding the specific issue of unaccompanied children and teenagers who have fled war zones such as Afghanistan, Syria and Sudan, the transfers to Britain are taking place under EU family reunification rules known as the Dublin regulations.

Charities have accused Britain of dragging its heels on such transfers, prompting a Franco-British meeting last week which has been followed by transfers of a dozen migrants like Azizullah in the past two days.

France’s Council of State suspends burkini ban

Mayors do not have the right to ban burkinis, France’s highest administrative court ruled Friday. The Council of State’s ruling suspends a ban in the town of Villeneuve-Loubet, near Nice, and could affect cities around the country that have prohibited the full-length swimsuit.

More than 30 French towns have banned burkinis, which cover the whole body except for the face, hands and feet. Officials say banning the burkini -worn mostly by Muslim women- is a response to growing terror concerns and heightened tensions after a series of terror attacks.

Human rights activists argue that burkini bans are illegal, and that pushes to outlaw the garment are Islamophobic. They hailed Friday’s ruling as a significant step.

“By overturning a discriminatory ban that is fueled by and is fueling prejudice and intolerance, today’s decision has drawn an important line in the sand,” Amnesty International Europe Director John Dalhuisen said in a statement.

But it’s unclear how other towns with burkini bans will respond to Friday’s decision. If mayors continue to enforce and enact such decrees, they could face similar legal challenges.

No matter what, battles over the burkini in the court- and in the court of public opinion-are far from over.

Friday’s decision was an initial ruling by the Council of State while it continues to prepare its more detailed judgment on the legal issues in the case.

Meanwhile, French Prime Minister Manuel Valls has said he supports banning burkinis. And former French President Nicolas Sarkozy, who plans to run again for president, has said he would immediately enact a national ban of the swimsuits.

Critics of the bans say they discriminate against the women they claim to protect.

“These bans do nothing to increase public safety, but do a lot to promote public humiliation,” Dalhuisen said. “Not only are they in themselves discriminatory, but as we have seen, the enforcement of these bans leads to abuses and the degrading treatment of Muslim women and girls.”

Halal supermarket ordered to sell pork and alcohol

A halal supermarket in a Paris suburb has been told by local authorities it must start selling alcohol and pork or else it will be shut down.

Good Price discount mini-market in Colombes has been told by the local housing authority, from which it rents its premises, that it has not followed the conditions on the lease that stipulate that the shop must act as a “general food store.”

The authority argues that all members of the local community are not being served properly if there are no alcohol or pork products in the Good Price store, which is run as a franchise and which last year replaced another small supermarket.

“The mayor of Colombes, Nicole Goueta, went there herself and asked the owner to diversify the range of products by adding alcohol and non-halal meats,” the mayor’s chief of staff, Jérôme Besnard, said.

He said locals, particularly older residents, had complained that they could no longer get the full range of products at Good Price, which replaced a regular supermarket, and had to travel some distance now to do their shopping.

“We want a social mix. We don’t want any area that is only Muslim or any area where there are no Muslims,” Mr Besnard said, adding that the town’s reaction would have been the same had a kosher shop opened on that spot.

The Colombes housing authority argues that the store breaches French republican principles by prioritising a certain group within society rather than catering to all categories.

It has taken legal action to bring an end to the lease which would normally run until 2019. The case goes to court in October.

Soulemane Yalcin, who runs the shop under franchise, said he was merely catering to the demands of his customers in this area of large public housing estates.

“It’s business,” said Mr Yalcin.

“I look around me and I target what I see. The lease states ‘general food store and related activities’ – but it all depends on how you interpret ‘related activities’,” he told Le Parisien newspaper.

He has hired a lawyer to fight the housing authority’s bid to get him evicted.

Judges Say NYPD Justified in Muslim Spying Records Request

NEW YORK — A New York appellate court has ruled the New York Police Department was justified in using a Cold War-era federal legal doctrine to deny releasing records about the possible surveillance of two Muslim men.

In a decision handed down Thursday, the panel of judges in Manhattan said heightened law enforcement concerns warranted the police department invoking the Glomar doctrine to neither confirm nor deny the existence of certain documents.

New York Times: http://www.nytimes.com/aponline/2016/06/02/us/ap-us-nypd-surveillance-lawsuits.html