What Does The End Of DOMA Mean For US Immigration Law?

Prior to yesterday, the Defense of Marriage Act (DOMA) prevented the immigration service (USCIS) from recognizing same-sex marriages for the purposes of immigration.

However, the Supreme Court has struck down DOMA. The decision is momentous and will impact many.

And it already has.

Minutes after the judgement was released, a New York City immigration judged halted the deportation of a Columbia gay man who is legally married to his US partner, but whose green card application had been turned down. And it couldn't have been a better way for Melanie Servetas to celebrate her wedding, which was taking place at the very time the judgement was released. Melanie had been forced to leave her home state of California and turn her back on her successful career for love, but the new decision means she should now be able to sponsor her partner US Visa.

So practically what does the decision actually mean? Well no guarantees can be given at this stage, we still to see how USCIS will interpret the Court's decisions. It is thought however that same sex marriages will be approved with immediate effect. Of course any future immigration decisions are also influenced by other decisions and and in particular on the foreign national spouse’s immigration status and plans.

In the meantime, the celebrations around the US continue!

Related Documents: Thailand Immigration Law
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Flickr photo credit: Robert Couse-Baker

Thailand Extradition Law

In recent years the ability for criminals to disappear in Thailand has become considerably more difficult, with foreign governments and agencies basing law enforcement agents in country and the increasing number of extradition treaties Thailand now holds with other countries - Thailand currently has extradition treaties with 14 countries. Thailand Extradition Law is presently stronger and tougher than it has ever been. 

This video by Chaninat & Leeds law firm discusses extradition cases including the infamous Vicktor Bout case.  

It is also possible to expedite proceedings through The Immigration Act of Thailand. 

Commonly, individuals who are at risk of extradition proceedings are those who have committed a severe crime for which they are liable to imprisonment of at least one year or a crime punishable by death.  However, depending on the provisions provided in each individual extradition treaty that Thailand has signed with a foreign country, other offenses of a smaller scale may also be applicable to extradition to a certain country. 

Watch the video here:

Relevant Documents: Thailand-US Extradition Agreement 

Relevant Articles: Prominent Extradition Cases in Thailand - Snaring Minor Offenders to Big-Time Crooks

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                                    Extradition in the News


 Flickr credit: Jacksoncam

Registration And Operations Of NGOs in Thailand

Bangkok has been voted the world’s third most popular location for NGOs. 

This video by Chaninat & Leeds law firm discusses the registration and operation under Thailand NGO Law, particularly in relation to foreign NGOs. This video describes the most straightforward method of how foreign NGOs can register as a foundation. 

The fact Thailand shares it's borders with Myanmar, Cambodia and Laos and the location of the UN in Bangkok itself, make the city the perfect place to home an NGO. 

Thailand NGO Lawyer 

Chaninat and Leeds specializes in NGO cases in Thailand

International NGOs seeking to base themselves in Bangkok can do so without registering as a local entity, but they then often find this can create legal and financial issues during their day to day running.

Instead it is much preferable to set up a Foundation with the Thai Ministry of Interior. A minimum of 3 board members are required, one of whom must be a Thai national and a minimum charitable donation of 200,000 baht is required in the bank. Police clearance is also required for each board member form their home country.

Watch the video here:

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Can Motorcycle Gangs Be Trade Marked?

The Courthouse News Service reports that in 2008, the US government filed a RICO indictment against some of the Mongols Nation Motorcycle Club's ex-members, in United States v. Cavazos . The case was however argument was rejected by the district court in 2009 when an unindicted member challenged the Cavazos action, in Ramon Rivera v. Ronnie Carter. 

The Mongols Nation Motorcycle Club, Inc., was then dissolved and the club was re-started  as the MNMC. The Mongols say the government has issued RICO forfeiture proceedings despite the Rivera ruling.

Thailand Criminal Lawyer: 

Chaninat and Leeds specializes in international criminal cases in Thailand

The Mongols are counter suing, arguing the government cannot seize its trademarks, because RICO law only permits such seizures against individuals. They state they are not a criminal organization and as such are not  responsible for a few of its members' actions.

The Mongols are seeking a  judgment that "the marks are not subject to RICO forfeiture," and that their only lawful owner is the club itself.

Thailand Trademark Lawyer 

Chaninat and Leeds specialize in trademark cases in Thailand

Motorcycles are of course a popular part of Thai culture, for example the jesters.  However we do not know whether Thai motorcycle clubs have trademarked their brand.  In general they would need to either form a Thai juristic person or have an single individual register on their behalf.

Read the full article here 

Related Documents: Thailand Trademark Law

Related Articles: Commentary : Thailand’s New Trademarks Act

Flickr photo credit: Bastiaan Steinmeier

Muay Thai Legends Lodges Defamation Charges

Muay Thai legend Buakao Porpramuk lodged criminal defamation charges on Wednesday against Nopparat Poottharatanamanee, the ThaiFight's deputy managing director for what he describes as a slur on his reputation after Mr Pootharatanamanee referred to him as "an acrobatic act" rather than boxing, says The Bangkok Post.

Thailand defamation law  defines defamation as:  “to impute anything to another person to a third party in a manner likely to impair that person’s reputation or to expose such person to hatred or contempt.”  However in Thailand, defamation may be both a criminal offense and/or a civil offense contrary to many Western jurisdictions.

Buakao is claiming 10 million baht in damages.

Read the full story here  

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Flickr photo credit: idirectori

FDA To Burn 3.4 Tonnes Of Seized Illegal Drugs

The Nation has reported that the Food and Drug Administration (FDA) will  burn 3.4 tonnes of seized illegal drugs worth Bt10 billion.

Thailand Criminal Lawyer:

 Chaninat and Leeds specializes in international criminal cases in Thailand

The burning will happen on June 26, forming part of Thailand's 42nd official illicit-drug incineration ceremony in Ayutthaya's Bang Pa-in Industrial Estate.

Read the full story here

Related Video:

Related Documents: Thailand's Narcotics Laws

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On Saturday in protest against U.S. surveillance programs and in support of Edward Snowden, several hundred people marched to the U.S. Consulate General and the offices of the Hong Kong government reveals the Detroit Free Press.

Thailand Criminal Lawyer 

Chaninat and Leeds specializes in international criminal cases in Thailand

Prior to the protest, several representatives of a pro-China political party marched to the consulate to call for an end to the alleged U.S. hacking of computer systems in Hong Kong, an allegation Snowden gave to a local newspaper earlier in the week.

Read the full article here

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