An assessment lien generally relates back to the recording of the declaration, which would put it ahead of every later mortgage. Most states reverse that result for first mortgages, leaving the association subordinate except for a limited priority slice. Some states express the slice as a fixed number of months of common expense assessments; others cap the mortgagee's exposure at the lesser of a period of assessments or a percentage of the original mortgage debt.
Certain categories are referred to an immigration judge on a notice of referral rather than a charging document, and the hearing that follows is limited to protection. In asylum-only proceedings the question is asylum, withholding and torture protection; in withholding-only proceedings, which follow a reinstated or administrative order, asylum is unavailable. The parties are expressly barred from raising admissibility, deportability, waivers or any other relief.
Two statutes supply banning power. Under the hazardous substances law, an article may be declared a banned hazardous substance where it is so hazardous that adequate cautionary labeling cannot be written, or where it is intended for children and its hazard cannot be addressed by labeling. Under the product safety law, a product may be declared a banned hazardous product where no feasible standard would adequately protect the public. Both operate by rule and reach the whole distribution chain.
Association boards must generally meet in open session with notice to members. Statutes then list the matters that may be taken in executive session: litigation, formation of contracts with third parties, member discipline, personnel matters, and meeting with a member about assessment payment. Some statutes require closed session for specific decisions such as foreclosure. Matters discussed in executive session must generally be noted in the minutes of the next open meeting.
Most statutes require directors to be elected by secret ballot under a prescribed procedure: advance notice of the nomination deadline, a further notice before ballots are distributed, an independent inspector of elections, and a public count. Quorum is set by the governing documents or by statute, and ballots returned by mail or electronically usually count toward it. Several states have replaced proxy voting with directed absentee ballots that cannot delegate discretion.
An immigration judge deciding custody makes two distinct findings: whether release would pose a danger to persons or property, and whether the person is likely to appear at future hearings. A danger finding ends the inquiry, because no sum of money answers it. Where danger is not found, the amount is set to secure appearance, above a statutory minimum, and is driven by ties to a community, immigration history and the strength of the case for relief.
Either party may appeal a custody decision to the Board of Immigration Appeals. Where the government had ordered no release or set a bond of ten thousand dollars or more, filing a notice of intent to appeal within one business day automatically stays the judge's release order. The stay lapses if a notice of appeal is not filed within ten business days, and lapses again ninety days after that filing if the Board has not decided the appeal.
Courts require a conservator to furnish a bond or an equivalent verified receipt, sized to the estate plus expected income, unless the court finds security unnecessary. An inventory is due shortly after appointment, commonly within ninety days, with notice to the adult and interested persons. Periodic reports must contain an accounting of receipts, disbursements and holdings, a statement of deviations from the approved plan, and disclosure of benefits received by the conservator or family.
There is no formal admissibility test for expert testimony in immigration court, so the judge decides qualification and weight in the same breath. The written report filed before the hearing does most of the work: it establishes qualifications, states the materials reviewed, sets out the methodology and connects the opinion to the individual applicant. Filing deadlines are enforced, and an expert not listed by the deadline may not be heard.
Cancellation of removal for a permanent resident requires five years of permanent residence, seven years of continuous residence after admission in any status, and no conviction of an aggravated felony. The non-resident version requires ten years of physical presence, good moral character, the absence of listed convictions, and exceptional and extremely unusual hardship to a qualifying relative. Neither version is available to several listed categories, and both are discretionary.
There is no time limit on a motion to reopen where the basis is to apply for asylum or withholding of removal and the motion rests on changed country conditions in the country of nationality or the country to which removal was ordered, provided the evidence is material and was not available and would not have been discovered or presented at the previous proceeding. A change in the applicant's own circumstances does not by itself satisfy the exception.
Every children's product subject to a children's product safety rule requires a Children's Product Certificate based on testing by a third party conformity assessment body accepted by the Commission for that rule. Certification is followed by periodic testing at intervals that depend on whether the manufacturer runs a production testing plan or uses an accredited laboratory, and by retesting after any material change.
