Pa. teens plead not guilty to hate crime charge

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A federal judge denied bail Tuesday for two Pennsylvania teens who pleaded not guilty to a hate crime charge in the death of a Mexican immigrant, noting that one defendant is accused of kicking the victim in the head "as if you were kicking a field goal."

Brandon Piekarsky, 18, and Derrick Donchak, 19, were charged in the July 2008 beating death of 25-year-old Luis Ramirez in the town of Shenandoah. A separate indictment charges three police officers with obstructing the investigation into Ramirez's death.

Judge Malachy Mannion ruled that Piekarsky and Donchak should remain locked up pending trial, calling them dangers to the community. He set a March trial date.

A Schuylkill County jury acquitted the teens in May of the most serious state charges against them — including third-degree murder in Piekarsky's case — angering Hispanic leaders and civil-rights groups. Gov. Ed Rendell then asked the Justice Department to pursue civil rights charges.

Mannion noted that it is extremely rare for the federal government to pursue charges in a case already decided in state court.

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USCIS Issues Clarifying Guidance on NAFTA TN Status Eligibility for Economists

U.S. Citizenship and Immigration Services (USCIS) announced today that it is clarifying policy guidance (PDF, 71 KB) on the specific work activities its officers should consider when determining whether an individual qualifies for TN nonimmigrant status as an economist.

The North American Free Trade Agreement (NAFTA) TN nonimmigrant status allows qualified Canadian and Mexican citizens to temporarily enter the U.S. to engage in specific professional activities, including the occupation of economist. The agreement, however, does not define the term economist, resulting in inconsistent decisions on whether certain analysts and financial professionals qualify for TN status as economists.

TN nonimmigrant status is intended to allow a limited number of professionals and specialists to work temporarily in certain specifically identified occupations in the United States. This updated guidance provides USCIS officers with a specific definition of one such category – economists – allowing them to adjudicate applications in a way that complies with the intent of the agreement. This policy update clarifies that professional economists requesting TN status must engage primarily in activities consistent with the profession of an economist. Individuals who work primarily in other occupations related to the field of economics — such as financial analysts, marketing analysts, and market research analysts — are not eligible for classification as a TN economist.

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