Judge Stearns ruled adversely on a jurisdictional issue, and the status of the immigrants involved in that case is ?stay pending appeal?. See http://www.gbls.org/… As a result, the immigrants subject to that class have not been deported, and many are now plaintiffs in a wage and hour violation suit.
Papers filed in the case describe how Michael Bianco, Inc., systematically and intentionally violated the laws requiring time-and-half for overtime work. Many employees clocked out after working a full day shift, then immediately clocked back in to work an evening shift. The employees? hours for the week were often paid in two separate checks, one from Michael Bianco, Inc. and one from a separately incorporated company, Front Line Defense, Inc. The complaint sets forth how Bianco deliberately evaded the overtime laws by creating a fiction that Front Line Defense was a separate company. These supposedly separate companies shared a workforce, a building, equipment, and management.
Judge Stearn?s latest decision may be read at: http://pacer.mad.usc…
The core of the ruling is a 21 day Stay, while the case is brought before the Circuit Court of Appeals:
For the foregoing reasons, respondents’ motion to dismiss is ALLOWED as the
district court lacks subject matter jurisdiction. The stay of removals entered on May 2,
refusal of the Attorney General to grant an I-730 asylee petition with instructions that the
district court consider the government’s argument that review was barred by 8 U.S.C. §
1252(a)(2)(B)(ii). In Royal Siam, a case involving the refusal to grant an H-1B visa
petition, the First Circuit, while noting that “the jurisdiction-stripping provisions of section 1252 apply outside the removal context,” found it prudential to bypass the jurisdictional question given the lack of merit to the appeal. [The Stay ] will be EXTENDED for twenty-one (21) days to permit petitioners to seek a further
enlargement of the stay from the Court of Appeals.
Private attorneys were recruited by the Mass Bar Association, and the Boston Bar Association. Those without immigration experience were trained and mentored. All are serving without pay.