Thread: CT-Judge won't toss immigration lawsuit

Judge won't toss immigration lawsuit

Updated: Saturday, 04 Apr 2009, 3:41 PM EDT
Published : Saturday, 04 Apr 2009, 3:41 PM EDT

Danbury - A federal judge has rejected a motion by the Immigration and Customs Enforcement agency to toss out a lawsuit challenging its roundup of illegal aliens in Danbury.

The lawsuit involves nine of the so-called Danbury 11, a group of day laborers arrested in September 2006. Another plaintiff was stopped by Danbury police after an accident in 2007 and deported.

The lawsuit claims the men's civil rights were violated by racial profiling and the unauthorized enforcement of federal immigration law.

The News-Times of Danbury reported that ICE argued that arrested illegal aliens can't bring a civil rights suit in federal courts.

A decision on the deportation orders for nine men still in Danbury could come next week.



http://www.wtnh.com/dpp/news/news_ap_da ... 0904031540

The News-Times of Danbury reported that ICE argued that arrested illegal aliens can't bring a civil rights suit in federal courts.

Illegal immigrants have no rights

Nothing like having one branch of your justice system out of compliance with another branch of the same system!

You can not get away from something as racial profiling when those are the people you are seeking!

Time to have these people pull their head out of their, SAND!

If profiling becomes a defense against arrest, police investigative science is trashed. Profiling is one of the three basic elements of crime detection.

Profing is the newest Racism scam.

Obviously the largest group of illegals in America are Mexician and they do not have blond hair and blue eyes..........get real.

It is atypical for a Mexican to have blond hair and blue eyes but there are over a million of them.

Which Federal Judge? Notice how the Associated Press is protecting the judge?

Dixie

Judge Robert Chatigny, nominated to the court by President Bill Clinton on August 5, 1994.
Now you know why your laws are not being enforced.

Dixie


Judge denies motion to dismiss 'Danbury 11' lawsuit against Danbury officials, ICE
By Marietta Homayonpour
Staff Writer
Updated: 04/03/2009 07:13:29 AM EDT

DANBURY -- Ten area immigrants have again been successful in pursuing their 2007 civil rights lawsuit against city and federal officials.

Chief Judge Robert Chatigny of the U.S. District Court of Connecticut last month denied the federal Immigration and Customs Enforcement agency's motion to dismiss the lawsuit against its agents.

"We are happy that Judge Chatigny has decided that all law enforcement officers -- even immigration agents -- are bound by the Constitution," Yale Law School student Elizabeth Simpson said.

The Jerome N. Frank Legal Services Organization, a law clinic run by Yale Law School, is representing the 10 immigrants in the case.

Nine of them are part of the so-called "Danbury 11," a group of day laborers arrested in a September 2006 ICE raid with the help of Danbury police. Two have since been deported.

The lawsuit claims the civil rights of the men were violated by racial profiling and the unauthorized enforcement of federal immigration law.

The other plaintiff in the civil rights lawsuit is Danilo Brito Vargas, who was stopped by Danbury police in a 2007 traffic incident and deported for an immigration violation.

ICE refers comments on pending legal cases to the U.S. Attorney's Office. Tom Carson, spokesman for that office, said, "We won't comment on pending litigation."

But Simpson, the plaintiffs' lawyer, said in trying to get the lawsuit dismissed ICE argued that arrested immigrants do not have the right to bring a civil rights suit in federal courts, according to the Immigration and Nationality Act.

The denial of ICE's motion to dismiss is the third time in nine months the 10 plaintiffs have won moves against their case.

In December 2008, U.S. District Court Magistrate Judge Donna Martinez ruled Danbury officials and federal agents named in the lawsuit must give depositions immediately, even though the motion to dismiss was pending.

Simpson said some of those depositions have begun. Danbury Mayor Mark Boughton and Police Chief Al Baker, who are named in the lawsuit, will also be deposed.

The discovery phase of the lawsuit, including the depositions, will continue for about a year.

In July 2008 Martinez also ruled against a move by the lawsuit defendants to disqualify the plaintiffs' lawyers because of a potential conflict.

Boughton is part of the Connecticut Coalition for Justice and Education Funding, which is suing the state for educational funding. He is represented by Yale Law School lawyers.

Meanwhile, the nine men who were part of the Danbury 11 are living and working the Danbury area, Simpson said, and awaiting word on their appeal of a ruling that they be deported made by federal immigration Judge Michael Straus in early 2008.

A decision on the appeal of Straus' denial of an evidentiary hearing could be made as early as next Thursday.


Contact Marietta

Homayonpour

at mhomayonpour@newstimes.com or

at (203) 731-3336.

Case facts n Motion by ICE to dismiss the civil rights lawsuit against its agents by 10 Danbury area immigrants was denied n Depositions of ICE agents and Danbury city officials and police officers continue
http://www.newstimes.com/ci_12057392

"We are happy that Judge Chatigny has decided that all law enforcement officers -- even immigration agents -- are bound by the Constitution," Yale Law School student Elizabeth Simpson said.
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so we are going to take the words of a law student over someone who has been practicing law for....... oh i dont know..... longer than ms simpson has probably been alive.

ILLEGAL IS ILLEGAL is a lawbreaker. remember this, ms simpson.