two years ago counsel for respondent and counsel for the united states were both asked whether petitioners would have a remedy if sergio hernandez had been standing on us soil when he was shot and killed. both said yes. the question before this court is therefore whether that infraction is nevertheless foreclosed because in this case sergio was standing a few feet tothe mexican side of the border at the time he was shot . for two reasons we believe it isn't . first the fortuity of where the victim is standing does not trigger any of the special factors counsel and hesitation identified by respondent or the united states, most importantly it's difficult to see how foreign relations could be a special factor precluding here if it wouldn't have precluded devon's claim had sergio been standing a few feet away. the governance assertion that permitted petitioner suit would dramatically undermine us foreign relations in diplomacy is belied by the long history of successful court claims against federal law enforcement officers including as in the avalon cases in which the victim was a foreigner fo

could otherwise have pursued and identified any other alternative remedies for the petitioners here as opposed to other parties in other cases. all this goes to why this court was right when it explained there are powerful reasons to retain veterans as a remedy for individual instances of law enforcement overreach and it goes to white even though sergio was standing on mexican soil when he was shot and killed this case presents the law enforcement overreach that he had in mind. divorce is a useful place because in that case not only did this court suggest there were still important reasons to retain veterans in law enforcement context but this court itself preserved and retained one of the plaintiffs claims, this court returned to the district court rather than dismissed it. the prisoner abuse claim versus the warden and since that reflects four of the reasons why retaining bivens in the law enforcement makes sense. as this court said it is difficult to contemplate other remedies when individual uses of law enforcement overreach are at play. in the context the damage and action afte

the market reaction so far has been pretty calm, so to speak, because a lot of bankers and market petitioners that i've talked to view the impact of the huge.s not going to be rishaad: will bring you more from that exclusive interview later this hour. let's bring in our new guest to the studio. set the scene for us. >> the scene is fairly interesting for the current market. this year has been an exceptional year for investors, one of the best performances in recent times. that's what we're trying to grapple with right now. the key here is given what's happening on the macro front, market, ther in the fact remains that central banks have come into the picture. that is a big source of support for the markets in general. we think that even though the evaluations of time compared to where they were at the beginning of the year, we still think there is value in the asian credit market. graden the investment side and more so on the fireside. tighter, so we think that can potentially unwind a bit. that is a trend we see. said, return expectations are still positive. juliette: i just wanted to pick u

each day of the week and number two, petitioners shall actively monitor the area under their control in an effort to prevent loitering of persons on any property adjacent to the license premise as depicted on the most recent form and noted on octobet agreed to the above-listed conditions. >> great, thank you. >> is the applicant here? come on up. , if you want to say anything. >> hi, board members. so i'm representing the owner of senior trading who is the applicant for the alcohol license transfer. >> can you say your name? >> raymond. a little bit of context, the previous owner of the license retired and she held two stores, one which is where we're operating and the other is directly across from the store and held the alcohol license. so they were previously a grocery store and we are a grocery store now. and we tell products ranging from fruits, vegetables, frozen goods and dried goods and it's important for our business to prosper by having this alcohol license and important for our customers to have access to all of the different products so it acts as a public convenience. >>

it was up to the petitioner to decide how to frame the decision to terminate daca. they could've taken responsibility for discretionary decision rescinding the policy that affects hundreds of thousands of lives. instead they chose to in the policy based on the ground that daca was unlawful. they told the public that the law deprived them of any discretion to continue. and when they invited them to make a new decision they stood by the old one. that is their prerogative but has the consequence that they have to defend the decision based on the legal rationale they originally offered in the decision is reviewable and cannot be sustained on that basis. the problem with the rational, yes they don't take serious account of the dramatic cost in the daca recipient in the economy and their employers and families in terminated in the policy. this court can review the lack of and affirm of adequate explanation for the ground or the fact it is incorrect conclusion in legal error. if i turn to the question of review ability, the apa says that it commits agency actions that are

first page, a of the petitioner 121 appendix. this is the second page of her in random. it reflects the first thing, my understanding of the duke memorandum and second, why the decision to rescind the daca policy was and remains found. if you look at the end of her memorandum, she states in the last sentence, for these reasons in setting dhs enforcement policies, i concur with and disagree with the secretary duke's decision to resend the daca policy. >> does the nielsen memo ever say even if? was unlawful, i would still exercise my policy discretion to discontinue? >> yes, your honor. >> what sentence are you looking at? >> two sentences, page 123a, after she says it's a legal. -- it is illegal. and second, regardless of whether the daca policy is illegal and was appropriately rescinded by the dhs because there is at a minimum, serious doubts, and then third, if you look further down the page, it says regardless of whether these concerns about the daca policy render it illegally or legally questionable, there are sound reasons of enforcement policy to rescind the daca po

he's worked as a petitioner and a colonel in the army national guard and serves as command judge advocate with the 140 ninth maneuver enhancement brigade in kentucky. mr. metcalf has previously testified before congress and is an expert on immigration law. this includes his testimony before the subcommittee and that 100 11th congress he received his ba and jd from the university of kentucky and we welcome them back through the subcommittee and we look forward to your testimony. we welcome all our distinguished witnesses and thank you for your participation. if you could please rise i will spare you in. please raise your hand. do you swear or affirm under penalty of perjury that the testimony you are about to give his true and correct to the best of your knowledge, information and belief to help you god? thank you. let the record show the witnesses answered in the affirmative and thank you and please be seated. please note each of your written statements will be entered into that record and i will ask each of we will begin. welcome. >> chairman, congressman, ranking member and other distin

more than 2 million people including major celebrities have signed a separate online petitioner to thexecution as well. in your experience with the innocence project how often has public outcry like this worked? >> this is unprecedented. the level of engagement in this case. certainly we work on cases around the country. the innocent project has been involved in over 200 dna exonerations over the history of our organization. but for this number of people to be coming forward and saying i do not think that the facts here -- and people are engaged with the facts -- add up. and that we do not want the death penalty to be imposed on somebody who didn't commit the crime. >> what do you say to the family who believes this will be justice after 23 years? >> first of all, the family is split. we've spoken to a number of the family members who were familiar with stacey. she lived with them for a time. they believe that jimmy finel is the person who committed the crime. and i think that everybody involved in this case, ultimately, wants justice. and the question is should we convict a person and

two years ago counsel for respondent and counsel for the united states were both asked whether petitioners would have a remedy if sergio hernandez had been standing on us soil when he was shot and killed. both said yes. the question before this court is therefore whether that infraction is nevertheless foreclosed because in this case sergio was standing a few feet tothe mexican side of the border at the time he was shot . for twre

petitioner shall actively monitor the area under their control in effort to prevent loitering of persons on any property adjacent to the licensed premises as depicted on the most recently surveyed abc254 form, and no noise, and on october 24th of this year the applicant agreed to the above listed recommended conditions. >> thank you. is the applicant here? ref. ref >> please identify yourself. >> i'm sorry. >> to sell beer and wine, and it has become a destination, shopping [please stand by] . >> reporter: opera, and sf jazz, are not large enough to accommodate the growing foot traffic in east valley. ebb & flow is five minutes walking distance from three venues and provide another option for the patrons and neighbors to enjoy a glass of wine, paired with wine. and hope you will agree ebb & flow will be a great addition to east valley. >> i don't see any comments or questions, you can have a seat. any members of the public who would like to speak on this item? seeing none, public comment is closed. i understand supervisor brown is supportive of this license, so i think we can direct our

the petitioners were raising very serious claims of they weree injury, detained as u.s. citizens in iraq. they said, if we are released, we will be killed. and yet, the executive branch wants to release us. the supreme court said, ok. we will go straight to the merits. that the actual claims were wrong, they were not recognizable in the court. so the nature of irreparable irrelevantmade because the supreme court made a final decision on the merits. judge rogers: let us be clear about irreparable injury. initially, the department was focusing on the fact that the court denied a, stay then it mentioned the fact that its own right to appeal might be mooted. thattoday, we are told there are hundreds of investigations out there, but no response to my question. pendingparticular investigations relate to redacted materials that the committee is seeking? my question is, is there any in irreparable harm, to be specific about this, as opposed to a general statement that at any time you release grand jury testimony, there is irreparable harm? the supreme court looked at one of the

the petitioners were raising very serious claims of irreparable injury.they were detained, a were u.s. citizens detained in iraq. they said if we are released we will be killed. and yet the executive branch wants to release us. the supreme court said, okay, we will go straight to the merits, and it held that the actual claims were wrong, there were not recognizable in the court. the nature of irreparable injury was made irrelevant because the supreme court made a final decision on the merits. >> let's be clear about irreparable injury. initially, the department was focusing on the fact that the court denied a a stay, then measured the fact that its own right to appeal might be mooted. the supreme court rejected that. then today we are told that there are hundreds of investigations out there, but there was no response to my question, what in particular pending investigations relate to redacted materials that the committee is seeking? so my question is, is there any burden in irreparable harm to be specific about this, , as opposd to a generalized statement

and marketnkers petitioners i talked to, they feel that the immediate impact of the bill is not goingw outflows from the hong kong dollar in the past few months. let's do our work and make sure we keep our fundamental strengths in order. in terms of asset qualities, hong kong banking sector has been very strong. it has proven it will survive. different challenging periods for hong kong. yvonne: that was from our conversation with the hong kong deputy chief executive, howard lee, talking all things in his response to president trump's talking about- how solid that is in the city. more from our exclusive conversation with howard lee in the next hour of "daybreak asia ," paul. paul: let's get a quick check of the latest business flash headlines. launching a cost-cutting drive after net income fell 20%. adaims to reduce -- lowering spending and reviewing the worth of some outlets in hong kong and macau. some have fallen more than one third since the start of october. yvonne: astrazeneca and roche are among major drugmakers slashing prices as beijing expands the number of treatments covere