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27 Aug 2023, 3:56 pm by Andrew Warren
” Although the test’s threshold is viewed as relatively low, not all cases justify removal, and where the state opposes removal and offers persuasive reasons for why Mesa is not satisfied, the burden is very much on the removing party to provide specific reasons as to why the test is met.[6] The Mesa test remains good law and applies to all removals under section 1442.[7] “Although the statute is ‘liberally construed’… the Supreme Court has… [read post]