Survival of claims—Renunciation of willsBy Patrick M. KinnallyCivil Practice and Procedure, September 2017What happens if the surviving spouse dies before a renunciation is filed? Can the executor of the surviving spouse file a renunciation of the will during the seven-month period? The answer appears to be “no."
National Security Entry-Exit Registration System (NSEERS): Is the program over?By Patrick M. KinnallyInternational and Immigration Law, March 2017There is little doubt that our federal government has the duty to protect us from those who would do us harm. Although we welcome that, what is the price to our democracy?
Pleadings under the Probate Code: A simple designBy Patrick M. KinnallyCivil Practice and Procedure, February 2017The Probate Act sets forth the pleading requirements for a claim against an estate. Unfortunately, the Act is silent on the pleading requirements for a counterclaim or an affirmative defense.
A crime involving moral turpitude: In search of a standardBy Patrick M. KinnallyInternational and Immigration Law, November 2016The phrase “crime involving moral turpitude,” since its inception in the Immigration and Nationality Act, has been criticized for its lack of definition and perplexing application to a variety of alleged deportable acts.
MemoBy Patrick M. Kinnally & Cindy G. BuysInternational and Immigration Law, October 2016The International and Immigration Law Section Council has approved and urges the Illinois State Bar Association to support an amendment to 725 ILSC 5/113-8 relating to guilty pleas to improve compliance with judicial notification of the immigration consequences of guilty pleas.
A useful resource: TRAC ImmigrationBy Patrick M. KinnallyInternational and Immigration Law, October 2016Anyone interested in immigration policy based on quantitative analysis should consider consulting TRAC Immigration (Transactional Records Access Clearinghouse).
Message from the ChairBy Patrick M. KinnallyInternational and Immigration Law, September 2016A message from 2016-17 Section Chair Pat Kinnally.
Removal proceedings: A right of cross-examinationBy Patrick M. KinnallyInternational and Immigration Law, September 2016A recent opinion from our Seventh Circuit Court of Appeals, Karroumeh v. Lynch, is a fair example of why cross examination in immigration cases is a safeguard immigration courts need to not only implement, but require.
What does “shall” mean?By Patrick M. KinnallyCivil Practice and Procedure, September 2016The use of the word “shall” in a statute, apparently, is not dispositive of legislative intent, it seems.
Interstate depositions and discovery—Making discovery easierBy Patrick M. KinnallyCivil Practice and Procedure, July 2016Take a look at 735 ILCS 35/1-- Illinois’ version of the Uniform Interstate Deposition and Discovery Act. It will save you time and a lot of your client’s money.
A red flag: Orders of Protection and deportability for resident aliensBy Patrick M. KinnallyInternational and Immigration Law, June 2016Recent case law shows what may amount to misdemeanor or perhaps civil violations of protection orders may have far-reaching consequences including removal from the United States.
Child abuse: Is it a removable offense?By Patrick M. KinnallyInternational and Immigration Law, April 2016Condoning excessive corporal punishment is not acceptable. The problem is, how do our laws—and which ones, federal or state statutes—tell us when such discipline or abuse abrogates the line in the area of immigration law?
Conditional residency in immigration family law cases: Who has the burden of proof?By Patrick M. KinnallyInternational and Immigration Law, November 2015The court’s opinion in Gerardo Hernandez Lara v. Loretta E. Lynch explains precisely how USCIS, the immigration judge and BIA failed to understand the fundamental concepts of what constitutes a preponderance of the evidence and who has the burden of proof in a conditional residency waiver case.
Vacating a default judgment: Our Supreme Court provides the answerBy Patrick M. KinnallyCivil Practice and Procedure, August 2015The recent case of Warren County Soil and Water Conservation, District 2015 IL v. Walters has provided a clear direction to our trial courts in adjudicating a petition to vacate a default judgment.
Judicial “es-top-pel”—Bankruptcy debtors bewareBy Patrick M. KinnallyCivil Practice and Procedure, June 2015Judicial estoppel applies in cases where a debtor claims an asset not revealed in a bankruptcy filing, and his omission may or may not preclude him from seeking compensation on a viable state law tort claim.
Making conditional residency unconditional for immigrant clientsBy Patrick M. KinnallyInternational and Immigration Law, October 2014The issue of the validity of a marriage in the immigration arena rests on a single concept: At the time of the marriage, did the participants intend to share a life together? But in today's world, with prenuptial agreements and spouses who may work and live in different locations, providing proof of that intent may prove a challenge.
Asylum status and rules: A recurring dialecticBy Patrick M. KinnallyInternational and Immigration Law, September 2014The issue now on the forefront of immigration asylum law is whether an asylum applicant who has obtained asylum may have that status terminated because the original grant of asylum was procured by fraud.
Representing a corporation in state court—Redux 2014By Patrick M. KinnallyAdministrative Law, July 2014Stone Street Partners, LLC v. City of Chicago Department of Administrative Hearings declares why a corporation needs a lawyer as a representative in our state courts as well as in certain types of administrative hearings.
Prosecutorial discretion and administrative closure in immigration law: A new adjudicatory ruleBy Patrick M. KinnallyInternational and Immigration Law, June 2014At first blush, it may seem curious that the concept of prosecutorial discretion has any pertinence to immigration cases. As we know, prosecutors have unmitigated powers in charging individuals with crimes, opting not to bring a charge at all, or making recommendations concerning plea bargains, sentencing, or conferring immunity to the accused, as well as witnesses. See, Bordenkircher v. Hayes, 434 U.S. 357 (1978).
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