Sydney court postpones extradition hearing of former US military pilot
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A Sydney court on Monday postponed an extradition hearing for a former U.S. military pilot accused of illegally training Chinese aviators until May as his lawyers attempt to further build their case.
Boston-born Dan Duggan, 55, was scheduled to fight his extradition to the United States at a Nov. 23 hearing in the downtown Downing Center Local Court.
But a magistrate decided to use that date to rule on what additional information that the Australian defense department and security agencies should provide defense lawyers.
U.S. lawyer Trent Glover told the court the United States was ready to proceed with the extradition, but had agreed with defense lawyers the hearing should take place after November.
Duggan’s lawyer, Dennis Miralis, told reporters outside court that the stakes were high for his client, who faces up to 65 years in prison if convicted.
“This is existential, which means that every right that Dan has under the Australian legal system on the basis that he’s presumed innocent ... needs to properly and carefully be considered,” Miralis said.
Duggan’s wife, Saffrine, has said she asked Australian Prime Minister Anthony Albanese to advocate against the extradition when he meets President Joe Biden in Washington this week.
But in a news conference on Sunday before departing for the United States, Albanese said Duggan, who became an Australian citizen in 2012, was not on the agenda of his meetings with U.S. officials.
“I don’t discuss things that are legal matters on the run, nor should I,” Albanese told reporters.
Duggan has been in custody since Oct. 21 last year when he was arrested near his home in Orange, New South Wales.
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USCIS Will Begin Accepting CW-1 Petitions for Fiscal Year 2019
On April 2, 2018, U.S. Citizenship and Immigration Services (USCIS) will begin accepting petitions under the Commonwealth of the Northern Mariana Islands (CNMI)-Only Transitional Worker (CW-1) program subject to the fiscal year (FY) 2019 cap. Employers in the CNMI use the CW-1 program to employ foreign workers who are ineligible for other nonimmigrant worker categories. The cap for CW-1 visas for FY 2019 is 4,999.
For the FY 2019 cap, USCIS encourages employers to file a petition for a CW-1 nonimmigrant worker up to six months in advance of the proposed start date of employment and as early as possible within that timeframe. USCIS will reject a petition if it is filed more than six months in advance. An extension petition may request a start date of Oct. 1, 2018, even if that worker’s current status will not expire by that date.
Since USCIS expects to receive more petitions than the number of CW-1 visas available for FY 2019, USCIS may conduct a lottery to randomly select petitions and associated beneficiaries so that the cap is not exceeded. The lottery would give employers the fairest opportunity to request workers, particularly with the possibility of mail delays from the CNMI.
USCIS will count the total number of beneficiaries in the petitions received after 10 business days to determine if a lottery is needed. If the cap is met after those initial 10 days, a lottery may still need to be conducted with only the petitions received on the last day before the cap was met. USCIS will announce when the cap is met and whether a lottery has been conducted.