Hazelton to file appeal briefs by Jan 22

Hazleton will file its legal briefs with the Third Circuit Court of Appeals in the Illegal Immigration Relief Act appeal by Jan. 22.

Initially, the briefs had been due Dec. 26; however, that filing was delayed to Jan. 9.

Attorney and law professor Kris Kobach, the immigration law expert for former U.S. Attorney General John Ashcroft who is representing the city, said he asked for a two-week extension for several reasons.

[Hazleton's briefs in illegal immigration case will be filed with court this month -- Citizen's Voice]

If you recall, Hazelton changed the ordinance no less than 3 times while Judge Munley was hearing the case.  The changes were made in an attempt to find some area of standing for the ordinance.

Will the appeal be like the initial case was?

Well, not exactly, as the case is decided on the briefs filed.

The Arizona and Oklahoma cases are interesting, but perhaps not applicable as they relate to state jurisdiction, which is typically wider than that of municipalities.

The court will not hear any new testimony. It will decide the case on the briefs filed.

“They decide reviewing the record,” Walczak said. “They’re not allowed to take any new evidence.”

The losing side is expected to appeal the decision to the U.S. Supreme Court.