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LOYALIST OF MARCOS IS ALLOWED TO STAY IN U.S. A nanny who was part of former Philippines President Ferdinand Marcos’ entourage when he fled his country in 1986 will be allowed to stay in the United States after all. U.S. immigration officials had been trying for years to deport Teresita Huppanda, who was among the Marcos loyalists flown by the U.S. government to Hawaii when his government collapsed. Huppanda worked for Col. Irwin Ver, who headed the presidential security detail at Malacanang Palace, Marcos’ official residence. U.S. District Judge William Alsup on Friday filed an order formalizing a settlement between government lawyers and Huppanda’s attorney, James Mayock of San Francisco’s Elliot & Mayock. “The thing that settled this was her personal story,” Mayock said. “Once they had a chance to hear her story behind closed doors, it gave them an opportunity to see that there really wasn’t any government interest [in] continuing deportation proceedings.” Huppanda, who lives in the Sacramento suburb of Rancho Cordova, used to have her own daycare business, but now works at Wal-Mart. The case ended up before Alsup after Mayock sought habeas corpus relief to stop the government from deporting his client. At issue was the on-parole immigration status President Reagan’s administration gave Huppanda and other Marcos associates. The case appeared headed to trial until U.S. Magistrate Judge Bernard Zimmerman brokered a deal. Lori Haley, a U.S. Immigration and Customs Enforcement spokeswoman, said the government was “satisfied that this was an appropriate outcome.” The deal requires Huppanda to remain paroled, which is a sort of immigration limbo. It means the person is physically present on U.S. soil but has not been officially admitted here. In Huppanda’s case, it will allow her to live and work in the U.S., but not to leave the country. Mayock said he will petition Congress to pass a special bill declaring her a permanent resident so she can travel and not have to worry about her immigration status. The case is Huppanda v. Alcantar, 04-4476. — Jeff Chorney FEDERAL JUDGE RESTRICTS DISCOVERY IN 9/ 11 CASES NEW YORK — In a strongly worded opinion, a federal judge last week restricted discovery in an ongoing dispute between World Trade Center leaseholders and their insurers in an attempt to speed up the adjudication of about 1,000 Sept. 11-related cases. In Re September 11th Liability Insurance Coverage Cases, 03 Civ. 0332, involves a mix of suits and cross suits between leaseholders of the World Trade Center, its owner the Port Authority of New York and New Jersey, and their insurance companies over who will bear the burden of paying the legal costs of personal injury and wrongful death claims arising from the terrorist attacks that destroyed the twin towers. Like the two rounds of litigation last year between Larry Silverstein, the real estate mogul who had leased the World Trade Center site from the Port Authority weeks before the Sept. 11, 2001, attacks, and his insurers over the scope of the property insurance coverage, this dispute also centers on unfinished contracts the parties were negotiating prior to Sept. 11. In the case before Southern District Judge Alvin Hellerstein, the contest between Silverstein and the insurers did not involve property coverage but how much the insurers would indemnify the leaseholders for the costs associated with the more than 1,000 lawsuits they face. Judge Hellerstein’s decision was triggered by a dispute over the extent of discovery. With no finalized contracts in place, the litigation became bogged down in pretrial demands and deposition requests. Judge Hellerstein sought to put an end to the delays in In Re September 11th by setting strict ground rules. Last week he limited discovery to inquiries on the language of the insurance binders used by the parties when negotiating the insurance policies, and he reduced the number of witnesses the parties could call during the initial stages of discovery. — New York Law Journal 2ND CIRCUIT OFFERS GUIDANCE ON ‘BOOKER’ NEW YORK — The Second Circuit U.S. Court of Appeals continues to give lower courts guidance on how to handle sentences following a major shakeup of the U.S. Sentencing Guidelines. In United States v. Williams, 04-2882, a three-judge panel last week defended the circuit’s procedure in dealing with sentencing problems in the wake of the United States v. Booker. In Booker, the U.S. Supreme Court held last month that judges violate the Sixth Amendment when they find facts and mandatorily use them to enhance sentences above the normal guidelines range. Booker, along with a companion case, United States v. Fanfan, effectively rendered the guidelines “advisory,” leaving the appellate courts to review sentences on a reasonableness standard. The Second Circuit in United States v. Crosby quickly announced its procedure for dealing with sentences pending on appeal that appear to violate the Sixth Amendment under Booker. Approximately 200 pending appeals have been directly affected by the ruling. Writing for the circuit, Judge Jon Newman said Booker has evoked three responses from appellate courts where there is a Sixth Amendment error, unpreserved for appeal, because a judge has found facts and then “mandatorily” enhanced a sentence above the guidelines range that would have applied if a jury had found the facts. — New York Law Journal

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