ToaKraka
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ToaKraka
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19hr ago
Quote from the opinion:
Respondents object to the inclusion of “future persons” in the class, arguing that “‘future persons’—i.e., persons who have not yet been conceived—lack either standing or capacity to sue”. As petitioners note, the fact that a policy will continue to harm future class members is relevant to numerosity.
Including future class members is no bar to class certification. Although the future class member children in this case have yet to be born, as soon as they are born, they will join the class and their claims will be ripe. In other cases involving children, the fact that some of the potential future class members had not yet been born was not a bar to certification.
Finally, more children will continuously populate the class as they are born, and, where “an influx of future members will continue to populate the class... at indeterminate points in the future, joinder becomes not merely impracticable but effectively impossible”.
ToaKraka
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4d ago
Many years ago, I read a Goosebumps book in which it was a plot point that the protagonist liked liver. (
ToaKraka
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4d ago
IRC § R306 (Flood-Resistant Construction):
Buildings and structures in non-coastal flood-hazard areas [i. e., with waves < 1.5 ft] shall have the lowest floors elevated to or above the base [100-year] flood elevation plus 1 foot.
Buildings and structures erected within coastal flood-hazard areas [with waves ∈ [1.5 ft, 3 ft]] and coastal high-hazard areas [with waves > 3 ft] shall be elevated so that the bottom of the lowest horizontal structural members supporting the lowest floor, with the exception of piling, pile caps, columns, grade beams, and bracing, is elevated to or above the base flood elevation plus 1 foot.
Buildings and structures erected within coastal flood-hazard areas and coastal high-hazard areas shall be supported on pilings or columns.
ToaKraka
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4d ago
This statistics-laden article is applicable to Duolicious, a free (gratis and libre) dating website recently developed by a 4channer.
Fun, mildly interesting—what's the difference?
I think the Hussen case in particular is fairly funny. He submitted oodles of evidence, but the government still refused to believe that his marriage was genuine.
In addition to these two affidavits, Hussen submitted seven affidavits of family members and friends, many of whom had traveled great distances to attend the wedding, stating that the family members and friends had witnessed both the development of Hussen and Houndito’s relationship and the wedding. Hussen also submitted a copy of the signed marriage certificate and Islamic marriage contract, with the latter obligating Houndito’s family to pay a $10,000 dowry; numerous photographs depicting the wedding ceremony and honeymoon; a receipt for payment of more than $4,000 for his purchase of a diamond ring; copies of two plane tickets and a receipt showing that the couple paid more than $300 to fly to Miami for their honeymoon; a receipt showing that the couple paid more than $1,400 to place a four-night reservation at a hotel in Miami; a copy of a lease agreement they signed for an apartment in Virginia, dated three days prior to the wedding; a copy of an automobile insurance card that named both Hussen and Houndito as the policy’s insured; and finally, photos that depicted Hussen’s family meeting Houndito’s family in Ethiopia and the celebration that Hussen’s father hosted in Ethiopia to celebrate their marriage.
The BIA denied Hussen’s motion to reopen, stating that the standard to reopen proceedings to seek adjustment of status based on a marriage entered after the commencement of removal proceedings required Hussen to submit “clear and convincing evidence of the bona fides of the marriage.” While the BIA acknowledged that Hussen had attached photographs of the wedding, honeymoon, and gathering between families, as well as affidavits from friends and family and the couple’s lease agreement, it concluded that this was only “some evidence of the bona fides of [the] marriage” but was “insufficient to establish the bona fides of his marriage by clear and convincing evidence.”
Also, don't forget about the context of past discussions of marriage fraud on this forum (1 2).
ToaKraka
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7d ago
Some marriage-fraud cases:
Plaintiff Sotir Libarov is a Bulgarian citizen. After entering the United States legally, Libarov married Elizabeth Alonso Hernandez, a lawful permanent resident. On March 15, 2016, Libarov applied to become a lawful permanent resident based on that marriage. USCIS issued a Notice of Intent to Deny Libarov’s application in March 2022, concluding that Libarov and Hernandez had entered into a sham marriage for immigration purposes. In the Notice, USCIS explained that Hernandez said under oath that the marriage was arranged by an acquaintance and that she “was offered $10,000 to enter a fraudulent marriage” with Libarov. USCIS ultimately denied Libarov’s application for permanent resident status on June 15, 2022.
Jin Yin Zhou, a Chinese citizen, married a US citizen in 1996. In 1997, Zhou entered the United States as a conditional permanent resident, ostensibly to live with her husband in New York. But, not long after her arrival, Zhou began living with her boyfriend in Kentucky and had three children with him. Zhou never lived with her husband and eventually divorced him in 2001. Throughout her immigration proceedings, Zhou concealed these facts repeatedly, including when she submitted a petition to remove the conditions of her residence and when she applied for naturalization. Eventually, United States Citizenship and Immigration Services (“USCIS”) officials discovered Zhou’s marriage fraud and recommended to the Department of Homeland Security (“DHS”) that she be placed in removal proceedings.
On January 15, 2014, Ansar Hassen Hussen, a native and citizen of Ethiopia, was admitted to the United States on a B-2 visitor visa which authorized him to remain in this country for six months. However, he has never left.
In June 2014, Hussen applied for asylum, withholding of removal, and relief under the Convention Against Torture (CAT), claiming that he had twice been imprisoned and beaten for belonging to a minority political party in Ethiopia. An immigration judge (IJ), however, found Hussen’s account implausible and rejected his application, and the Board of Immigration Appeals (BIA) affirmed, agreeing that material aspects of Hussen’s story did not add up. Hussen filed a petition for review.
While that petition was pending, Hussen married a US citizen, who then filed an I-130 application for an immigrant visa on his behalf. Hussen then filed a motion with the BIA to reopen his proceedings so that he could seek an adjustment of status based on his marriage. He attached affidavits, photographs, receipts for items like a diamond engagement ring, an Islamic marriage contract, and a lease agreement showing that the couple jointly rented an apartment in Virginia. The BIA, however, denied Hussen’s motion to reopen, concluding that Hussen’s evidence was “insufficient” because he failed to provide “clear and convincing evidence of the bona fides of [his] marriage”. From the BIA’s denial of his motion to reopen, Hussen filed a second petition for review.
While Hussen’s second petition for review was pending, he filed another motion with the BIA to reopen the proceedings and to reconsider its denial of his earlier motion to reopen. He attached evidence showing that his wife was pregnant, that they were living together, and that they shared a joint bank account. The BIA denied Hussen’s motion for reconsideration and second motion to reopen, and Hussen filed a third petition for review.
For the reasons that follow: we deny Hussen’s first petition; we grant his second petition, vacate the BIA’s order denying Hussen’s motion to reopen, and remand for further proceedings consistent with this opinion; and we deny his third petition as moot.
In October 2013, Plaintiff Roberto Martinez Olivera filed a Form I-130, Petition for Alien Relative, on Givovich’s behalf, and Plaintiff Nicole Givovich correspondingly filed a Form I-485, Application to Register Permanent Residence or Adjust Status. After interviewing Givovich and Martinez Olivera regarding the petitions in January 2014, USCIS investigated the bona fides of Givovich’s prior marriage with Doroteo Caldera Rodriguez. On April 9, 2014, USCIS Immigration Officers interviewed Mr. Caldera Rodriguez, and he provided a written sworn statement (translated from Spanish to English) in which he stated that he had married Givovich “as a favor so she could obtain her legal residency”. Specifically, he explained that he and Givovich had met when they were taking English classes and were friends for about two years before getting married. He said that Givovich had asked him to marry her to help her obtain her residency status. Mr. Caldera Rodriguez stated that he and Givovich never lived together and were never intimate.
USCIS ultimately denied the I-130 visa petition in April 2023. USCIS explained that the two sworn statements of Mr. Caldera Rodriguez, and the corroborating statements of Ms. Trejo, Ms. Munoz, and Mr. Rojas, provided substantial and probative evidence that Plaintiff Givovich had “entered into marriage with Mr. Caldera Rodriguez for the purpose of evading immigration laws”.
How often does everyone here wash his cars? Do you hand wash or car wash?
I let the sky wash my car whenever it rains.
What conditions are they put through?
No garage; a daily commute of 40 miles each way in the New York–Philadelphia corridor
ToaKraka
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9d ago
As the meme goes, despite making up only 13% of the population, blacks commit 52% of the crimes. But blacks can't be deported.
ToaKraka
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9d ago
ToaKraka
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9d ago
The poorest country is Arab (South Sudan).
ToaKraka
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10d ago
We've picked a plan off of a builder's site that we liked.
Note that architectural plans are copyrighted, so if you want to use that plan you have to also use that builder, unless the same plan has been licensed by multiple builders from a separate architect.
We could all technically live, Gilded Age–style, in a single room, but I don't want that. I'd want a living room and a space for a dinner table.
Clarification: That big central room is a combination living/dining room, as permitted under IPMC § 404.5.2. (I was just too lazy to label it.) A width of 7 feet may seem small, but under IRC § R312.2 it is permissible, and Architectural Graphic Standards for Residential Construction fig. 2.24 indicates that it is sufficient for a dining table to fit, as long as everybody sits on the same side. (If I'd had the book in front of me when I made the drawing, I would have made the living/dining room 8 feet wide, so that people could face each other across the dining table. With that mild augmentation, the area rises to 1347 ft2 + 94.5 in2.)
I'm also trying to do a 2-floor build.
Note that the IRC's prescriptive design assumes that the second floor will contain only bedrooms and implicitly bathrooms. (Compare table R403.1(1) note b with table R301.5.) If you ignore that assumption, you may have to pay extra for an engineer's services, since the architect will not be able to just copy-and-paste from the IRC's tables.
Here's a design that meets your new criteria. (I'm assuming a detached garage, and not bothering to draw it.) (Whoops—swap the office and the kitchen.)
After this thread I think I need to hire an architect.
Come up with your own original design first, before letting an architect mess stuff up. Doodling random floor plans is fun!
Also, I think you should go straight to a homebuilder (which will have an in-house architect), not to an architect. I tried hiring several architects, and did manage to get one to help me pick a lot, but they generally didn't seem very interested in me. Presumably they have bigger fish to fry, such as designing larger commercial, industrial, and apartment buildings.
ToaKraka
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11d ago
If you want any sound-deadening put into interior walls, think about it now.
IRC appendix BG (Sound Transmission)
The Architectural Graphic Standards have a really nice multi-page table listing a bunch of different interior-wall cross sections, including their sound transmission class.
The design we're looking at is 3,300 ft2. Do you think it would be possible to get away with less house?
I can fit your stated requirements into 1301 ft2. Use your imagination!
ToaKraka
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11d ago
What should I hope to learn from those books? They appear to be reference books about regulations.
The Architectural Graphic Standards include a lot of helpful guidelines and drawings in addition to regurgitation of (an old version of) the mandatory codes.
Reading the Architectural Graphic Standards and the codes enables you to draw up on your own a rough design on which the builder's architect has only to put minor finishing touches, rather than describing what you want to the builder's architect and having him draw up from scratch a design that probably will require a bunch of iteration.
ToaKraka
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11d ago
ToaKraka
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11d ago
Not the same person, but:
(1) I'm paying mostly cash, since I have it and I generally dislike the idea of taking out gigantic loans just to have the bank second-guess everything. Of the 220-k$ price tag, I already have 110 k$ of investments, and my brother has agreed to lend 40 k$ to me. While construction is ongoing, I expect to make up the remaining 70 k$ with my salary and (if absolutely necessary) a 35-k$ unsecured loan and my two 10-k$ credit cards.
(2) I drew up a rough design on my own, and then hired an architect to double-check the suitability of a few lots that I found on Zillow. The builder's in-house architect then made some small changes.
(3) I like insulation and heat pumps, and dislike closets and non-flat roofs.
(4) I bought the lot in February. I expect to get a construction schedule in the next week or two.
(5) The permit process has not yet started, but I don't expect much hassle. This lot does not have any environmental entanglements (such as a floodplain), and I certainly don't need any variances.
(6) (not applicable in Pennsylvania)
ToaKraka
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11d ago
Plan one entrance to the house with no steps.
Specifically, in accordance with ICC A117.1 § 1104.2 and ch. 4.
That's a big house. Think about how you're going to use the rooms.
Architectural Graphic Standards for Residential Construction pp. 40 and 46–48 have some nice diagrams of bedrooms, living rooms, dining rooms, home theaters, and home offices, including typical furniture dimensions and clearances.
Take pictures of the inside of all the walls before you close them up. Write notes and measurements.
Or just keep a copy of the construction/as-built plans!
ToaKraka
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12d ago
I now have spent a few hours muddling through a few solitaire games of Versailles 1919, and IMO it's quite fun.
ToaKraka
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12d ago
I don't even know what I don't know about building
You may want to buy a copy of the Architectural Graphic Standards for Residential Construction. It's a bit pricey, but absolutely comprehensive in terms of design.
Highly relevant is the International Residential Code. This link leads to the 2024 version. Your jurisdiction probably uses an older version, but you may still want to tell your builder to obey parts of the newest version. In particular, ch. 11 (Energy Efficiency) has undergone major changes recently, such as §§ N1102.1.3 (Insulation and Fenestration Criteria: R-Value Alternative) and N1108.1 (Additional Efficiency Requirements). Appendices NE (Electric Vehicle Charging Infrastructure) and NG (Energy Efficiency Stretch Code) may also be of interest to you.
International Property Maintenance Code § 404.5 (Overcrowding) also has some handy guidelines for design, and ICC A117.1 (Accessible and Usable Buildings and Facilities) ch. 11 (Dwelling Units and Sleeping Units) has information on the different levels of accessibility that you may want to meet in order to facilitate "aging in place".
t. in the process of getting a two-bedroom custom house built for 220 k$
ToaKraka
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12d ago
Or is that not possible because it would make him a creditor and the bankruptcy has to figure out how to pay those out?
This, I think. But I'm not a lawyer.
ToaKraka
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12d ago
They're in your settings. Note that there's a "themes are not officially supported" warning messsage.
ToaKraka
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12d ago
This factsheet from <del>Mindgeek</del><ins>Aylo</ins> confirms it.
Wacky court opinion:
A company owns a nine-acre (four-hectare) piece of land (comprising three lots) that straddles the boundary between two municipalities, Allentown and Bethlehem. (This Google Maps link shows the location. This screenshot of the county's GIS map shows the municipal boundary.) The company wants to build a complex of four apartment buildings on the land. On this piece of land, Bethlehem's zone allows apartment buildings, but Allentown's zone does not, so the company is getting all the zoning approvals through Bethlehem.
More specifically, Bethlehem's zone allows an apartment building to be built only if there is a commercial use on its first floor, but this requirement is waived if the apartment building faces a "local street" rather than an "arterial street". The company asks the Bethlehem zoning board to rule that all four buildings in the complex count as facing North Wahneta Street in Allentown, which is a local street, even though building 4, when considered individually, actually faces West Broad Street in Bethlehem, which is an arterial street. Bolstering this argument, the complex's main entrance will be on North Wahneta Street, while there will be a fence blocking access from West Broad Street.
The Bethlehem zoning officer recommends that the petition be rejected, but the Bethlehem zoning board approves it anyway. Since the piece of land counts as a "corner lot" (indeed, it adjoins five different streets), the zoning code allows the company to choose whichever street it wants as the street that the entire lot faces, without considering individual buildings. And judicial precedent states that a zoning board can acknowledge the existence of land in a different municipality without being guilty of exercising its jurisdiction outside its own borders.* The Bethlehem government appeals**, along with several disgruntled single-family-residential neighbors who don't want to live next to an apartment complex, but the trial court affirms.
The appeals panel reverses. (1) Under the unique circumstances of this case, the Bethlehem zoning board actually is exercising its jurisdiction outside its own borders, because it is giving the nod to an apartment building that "faces" an Allentown street and sits partially on Allentown land but would be forbidden in Allentown's zone, enabling an end run around Allentown's zoning code. And (2) the designation of building 4 as facing a street that actually lies behind building 4 would run afoul of other parts of Bethlehem's zoning code (e. g., a prohibition on putting an apartment building's parking lot between the building and its front lot line), which the zoning board completely overlooked. Finally, even if those first two points were not valid, (3) there is not even any evidence in the record that North Wahneta Street counts as a local street under Bethlehem's zoning code in the first place! Therefore, building 4 must be considered to face West Broad Street in Bethlehem, not North Wahneta Street in Allentown.
*In that case: A company owned a 43-acre (17-hectare) piece of land straddling the boundary between two municipalities, Cheltenham and Springfield. Cheltenham's zoning code required a 100-foot (30-meter) setback from the property line. The Cheltenham govt. argued that this setback should also apply to the municipal boundary in the middle of the piece of land, but the Cheltenham zoning board rejected this argument**, and the trial court and the appeals panel affirmed. "Hamilton Hills is clearly distinguishable because it pertained to [whether a developer could count open space in one municipality toward another municipality's open-space requirement], not setback provisions. The zoning board simply found that the municipal boundary line was not a property line for measuring setbacks. In so concluding, the zoning board did not exert any control over land located in another municipality."
**Yes, in each of these two cases the government and the zoning board of the same municipality were opponents. Apparently, a zoning board is considered a quasi-judicial entity that is independent of the government that appointed all of its members.
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