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A federal appeals court handed the Trump administration a partial victory Monday, granting its emergency request to allow parts of its latest travel ban to go into effect while the appeal is pending.A three-judge panel -- all appointed by former President Bill Clinton -- on the 9th US Circuit Court of Appeals decided Monday to keep the lower court's order in place, freezing the ban, for foreign nationals who have a "close familial relationship" with a person in the United States, but granted the Trump administration's request to allow it to go into effect for everyone else.The 9th Circuit panel is set to hear oral arguments on the case on December 6.President Donald Trump signed an executive order in January banning foreign nationals from specific Muslim-majority countries from traveling to the United States, but the restrictions have been tied up in the legal system and have since been revised multiple times.In October, a federal judge in Hawaii blocked the third iteration of the travel ban one day before it was scheduled to take effect.At the time, Judge Derrick Watson said it "plainly discriminates based on nationality."The ban targeted foreign nationals from eight countries -- Chad, Iran, Libya, North Korea, Syria, Venezuela, Somalia and Yemen -- with varying levels of restrictions.The second version of the travel ban, issued in March, had barred residents of six Muslim-majority countries -- Iran, Syria, Libya, Sudan, Somalia and Yemen. 1487

A California district attorney has charged two people with hate crimes after they attempted to paint over a "Black Lives Matter" street mural in a Bay Area town over the weekend.Nicole Anderson, 42, and David Nelson, 53, of Martinez, California, each face three charges, including violation of civil rights, according to the Office of Contra Costa County District Attorney Diana Becton.According to the DA, video taken over the weekend shows Anderson and Nelson using paint rollers to try and black out a large, yellow "Black Lives Matter" mural in downtown Martinez.In the video, which was shared widely on social media, a man appearing to be Nelson was wearing a "Make America Great Again" cap and a Trump campaign shirt that read "Four More Years.""The narrative of police brutality, the narrative of oppression, the narrative of racism, it's a lie," the man said."Keep this [expletive] in New York. This is not happening in my town," a woman, allegedly Anderson, said in the video.In addition to charges of civil rights violations, Anderson and Nelson also face charges of vandalism under 0 and possession of tools to commit vandalism or graffiti. They face a maximum of up to a year in jail if convicted."We must address the root and byproduct of systemic racism in our country," Becton, the District Attorney, said in a statement. "The Black Lives Matter movement is an important civil rights cause that deserves all of our attention. The mural completed last weekend was a peaceful and powerful way to communicate the importance of Black lives in Contra Costa County and the country. We must continue to elevate discussions and actually listen to one another in an effort to heal our community and country."Last month, following massive protests against police brutality and systemic racism, Washington, D.C. Mayor Muriel Bowser commissioned that a large, yellow, Black Lives Matter mural be painted on a street near the White House. Dozens of other cities have since followed suit and created their own Black Lives Matter street murals.New York City Mayor Bill de Blasio has announced plans to paint a similar mural on Fifth Avenue outside of Trump Tower. President Donald Trump later called the proposed mural a "symbol of hate." Work on the project was scheduled to begin last week but has been delayed. 2324

A Japanese pilot found to be more than nine times over the legal alcohol limit before a scheduled flight from London Heathrow in October has been sentenced to 10 months in prison, police said Thursday.Katsutoshi Jitsukawa, 42, an employee of flag carrier Japan Airlines, was scheduled to fly from Heathrow to Tokyo on October 28 at 6:50 p.m. local time, but failed a breath test shortly before takeoff.The test showed Jitsukawa had 189 mg of alcohol per 100 ml of blood in his body. The legal limit for pilots is 20 mg, while drivers in England, Wales and Northern Ireland are allowed as much as 80 mg.Alarm was raised after a driver of a crew bus smelled alcohol and called the police, who conducted the test, according to Japanese broadcaster NHK.Jitsukawa said he had drunk two bottles of wine and a pitcher of beer the night before the flight, NHK reported.He was remanded in custody and later pleaded guilty to the charge of performing an aviation function when his ability was impaired through alcohol. Jitsukawa had been scheduled to fly a 244-seater Boeing 777 aircraft.Reacting to the sentencing, Inspector of Aviation Policing Iain Goble, condemned the "serious" offense that could have had "catastrophic" consequences."This conviction reflects he displayed not only total disregard for the safety of all the passengers and staff on his flight, but also the wider public," Goble said.Following Jitsukawa's arrest, Japan Airlines apologized for the incident and said "safety remains our utmost priority," adding it will "implement immediate actions to prevent any future occurrence." 1610

A custody battle has been raging over the large mammal. The question at hand: Where should a 7,000-pound elephant live?The legal issue pits an elephant sanctuary in Hohenwald, Tenn. against the woman who raised Tarra the elephant since she was a baby.The case went to trial just this week and ended with a hung jury, so the fate of Tarra -- perhaps the best known of the Sanctuary's elephants -- remains in limbo.Tarra is an Asian elephant. Many remember the story from a decade ago of Tarra and her loyal canine companion, Bella. She was the first elephant at the Sanctuary in Hohenwald, brought there by co-founder Carol Buckley in 1995.Years earlier, Buckley took ownership of Tarra from a businessman in California."It was an instantaneous attraction to each other. She needed a mother. She was a baby, and I was happy to fill that role," Buckley said.This led to Buckley starting the sanctuary, but after several years, Buckley was ousted. She left Tarra there knowing it was the best place for her at the time.Now, Buckley operates a new sanctuary in Georgia. She said she never surrendered Tarra, has worried about her welfare in Hohenwald, and is suing to get her back."The lawsuit is very simple. It says I own Tarra," said Buckley.Legal expert Jim Todd said this is the first-of-its-type case in Tennessee.Todd said there's the custody issue, but he added there's also the question of whether Buckley abandoned Tarra.She said no and added her concern has always been what's best for the elephant."I'm going to put her wherever it is best. If Georgia is better for her, I would move her to Georgia," Buckley said. "If Tennessee is better, I would leave her in Tennessee."The two-day trial this week in Lewis County ended with a hung jury. Ten jurors voted to return Tarra to Buckley with two others saying no. A retrial likely won't happen until 2019.Asian elephants typically have a lifespan of 48 years. Tarra is 44 years old.The Elephant Sanctuary issued the following statement saying in part, "We remain fully committed and exist to provide home, herd and individualized lifetime care to all residents of the Sanctuary, as we have done for the past 23 years." 2211

A Castle Rock, Colorado, restaurant that defied the state’s public health order in May to remain solvent in the midst of the coronavirus pandemic has closed its doors permanently.C&C Breakfast & Korean Kitchen in Castle Rock attracted national attention after it opened its doors to the public on Mother’s Day weekend, despite Colorado’s safer-at-home guidelines prohibiting restaurants from opening except for curbside delivery and take out.In a message posted on the restaurant’s Facebook page, owners Jesse and April Arellano told customers Friday they would not renew their lease at the Castle Rock location “to try and stop the financial bleeding” between their two locations, and said Gov. Jared Polis used them as an example “to ensure other businesses obey him.”The Arellanos also decried what they described as “the hypocrisy of the lockdowns” and the way it scrutinized small businesses during the shutdowns and blamed government officials for making decisions from a place of fear and panic instead of hope.“I was asked what I would say to him (Gov. Polis), I would say “For what will it profit a man if he gains the whole world, and loses his own soul?””The closure of the Castle Rock location was met with a lawsuit from the owners, who claimed their constitutional rights were violated after the state suspended the café’s license for 30 days when video of the crowded restaurant went viral.The lawsuit blamed Gov. Polis, the State of Colorado, the CDPHE, the Tri-County Health Department (TCHD), and the executive director of the CDPHE, Jill Hunsaker Ryan, of depriving the Arellanos “of their livelihood and ability to operate their business after they simply allowed customers onto their premises to serve food and beverages.”The Arellanos were able to reopen for business on June 14, a month after they were forced to close their doors.The C&C location in Colorado Springs will remain open as long as it can, the Arellanos said in the Facebook post.“If our business survives all of this, we hope one day to return to CR."This article was written by óscar Contreras for KMGH. 2112

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