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News

Two UMLS Students Argue Cases before Ninth Circuit

Posted June 10, 2010

This spring, two School of Law students presented oral arguments in two cases before the U.S. Court of Appeals for the Ninth Circuit. Class of 2010 graduates Randy Tanner (Vienna, IL) and Paul Neal (Augusta, MT) gained valuable experience and skills from their presentations.  In May, both Tanner and Neal were featured in a profile in the Missoulian just in time for graduation.

Randy Tanner, Immigration Law

Randy Tanner
Randy Tanner, Class of 2010

Many attorneys might be surprised to learn that immigration law is one of the most active areas of law in the United States Court of Appeals for the Ninth Circuit. Recently, Randy Tanner had the opportunity to brief and argue an immigration case before that court. Tanner became involved in the case through Matt Hayhurst, his supervising attorney at Boone Karlberg P.C., who frequently participates in the Ninth Circuit’s Pro Bono Program. UM Law Professor Larry Howell also supervised his work. 

The central issue in the case was whether a person applying for asylum on account of religious persecution in a foreign country had to report the persecution to government officials in order to be eligible for asylum. Prior to their client’s appeal, an immigration judge and the Board of Immigration Appeals concluded that their client—a Christian convert who had been tortured by Muslim extremists in Iran and the Netherlands—had to show he reported the incidents of persecution in order to be eligible for asylum in the United States. With the help of Mr. Hayhurst and Professor Howell, Tanner briefed the argument, and they traveled to Seattle on March 9, 2010, for oral argument before Judges Tashima, Fisher, and Berzon. Tanner was given 10 minutes to argue their case, and the three-judge panel was very engaged in the issues. Tanner said, "Briefing and arguing this case was one of the most valuable learning experiences I had in law school, and I am grateful for the support I received from the School of Law, Professor Larry Howell, and Matt Hayhurst."

Randy Tanner graduated from the School of Law in May and begins his legal career by clerking for Hon. Sidney Thomas, U.S. Court of Appeals for the Ninth Circuit, in Billings.

 

Paul Neal
Paul Neal, Class of 2010,
at the James R. Browning United States Courthouse

Paul Neal, Civil Rights

Paul Neal argued a 1983 Civil Rights case before the United States Court of Appeals for the Ninth Circuit at the James R. Browning Courthouse in San Francisco on May 12, 2010. The opportunity to participate in the case was provided by the Law School's Criminal Defense Clinic when Professor Jeff Renz assigned the case to Neal.

Neal’s client, a suspected narcotics dealer, was strip searched in the field by police.  The strip search was incident to arrest after an initial “pat down” did not reveal any contraband. Although the case was complex, the main issue was that Neal’s client contested the scope and manner of the search. Neal was given 15 minutes to argue his case before a three-judge panel. The judges were especially interested in what kind of particularized suspicion, in a drug-related setting, could warrant a strip search incident to arrest. When asked about the experience, Neal said, "This case was, by far, one of the best experiences of law school because of what I learned and the confidence I gained."

Paul Neal graduated from the School of Law in May and is employed by Keil Law Firm in Conrad, Montana.

Related Article:

Well argued: Graduates cut legal teeth with cases before 9th Circuit Court of Appeals
May 21, 2010, The Missoulian