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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
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| 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. |
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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
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