Thread: Court bends over backwards for illegal alien

Friday, February 15, 2008
Court: Late Arrival Did Not Justify Immigration Hearing in Absentia
By STEVEN M. ELLIS, Staff Writer

An immigration judge exceeded his authority by proceeding with an in absentia removal hearing after the alien showed up late, the Ninth U.S. Circuit Court of Appeals ruled yesterday.

Voting 2-1 to grant Juan Antonio Perez’s petition for review of a decision ordering him removed in absentia because he failed to appear at his scheduled removal hearing on time, the court held that Perez had not failed to appear—despite arriving two hours late and after his attorney had already left—because he arrived just before the immigration judge finished for the day.

However, in a sharp dissent, Judge Pamela Ann Rymer wrote that “[t]hose facing removal should show up on time and be ready to go forward when their case is called.â€

Perez, a native and citizen of Mexico, entered the United States without inspection in 2000 and filed an application for asylum and withholding of removal in 2002.

Entered the U.S. "without inspection"---without inspection of what....his vehicle, his eyes, ears, nose & throat, his luggage..........

Is "without inspection" a 'new term' for illegally entering the sovereignity of the United States of America?

Perez was making his way to the courthouse on the date of the hearing when his car overheated in the middle of rush hour traffic. He pulled the car off of the freeway and waited for it to cool, but the car overheated again after he restarted it and tried to drive on surface streets, so Perez left it and found a bus that would take him to the courthouse.

Does he have a LEGAL driver's license?

"The United States shall guarantee to every state in this union a republican form of government, and shall protect each of them against invasion; and on application of the legislature, or of the executive (when the legislature cannot be convened) against domestic violence." Article IV Section 4 of the U.S. Constitution.

Improper entry of an alien is often referred to as "Entry Without Inspection"

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United States Code
TITLE 8 - ALIENS AND NATIONALITY
CHAPTER 12 - IMMIGRATION AND NATIONALITY
SUBCHAPTER II - IMMIGRATION
PART VIII - GENERAL PENALTY PROVISIONS

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U.S. Code as of: 01/03/05
Section 1325. Improper entry by alien

(a) Improper time or place; avoidance of examination or inspection;
misrepresentation and concealment of facts
Any alien who (1) enters or attempts to enter the United States
at any time or place other than as designated by immigration
officers, or (2) eludes examination or inspection by immigration
officers, or (3) attempts to enter or obtains entry to the United
States by a willfully false or misleading representation or the
willful concealment of a material fact, shall, for the first
commission of any such offense, be fined under title 18 or
imprisoned not more than 6 months, or both, and, for a subsequent
commission of any such offense, be fined under title 18, or
imprisoned not more than 2 years, or both.
(b) Improper time or place; civil penalties
Any alien who is apprehended while entering (or attempting to
enter) the United States at a time or place other than as
designated by immigration officers shall be subject to a civil
penalty of -
(1) at least $50 and not more than $250 for each such entry (or
attempted entry); or
(2) twice the amount specified in paragraph (1) in the case of
an alien who has been previously subject to a civil penalty under
this subsection.

Civil penalties under this subsection are in addition to, and not
in lieu of, any criminal or other civil penalties that may be
imposed.
(c) Marriage fraud
Any individual who knowingly enters into a marriage for the
purpose of evading any provision of the immigration laws shall be
imprisoned for not more than 5 years, or fined not more than
$250,000, or both.
(d) Immigration-related entrepreneurship fraud
Any individual who knowingly establishes a commercial enterprise
for the purpose of evading any provision of the immigration laws
shall be imprisoned for not more than 5 years, fined in accordance
with title 18, or both.
http://caselaw.lp.findlaw.com/scripts/t ... 8&sec=1325

He can file all the appeals he wants to. At the end of everything, he will still be deported.