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    Senior Member AirborneSapper7's Avatar
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    Michelle Malkin: Obama’s Immigration Lawyers’ Enrichment Act - Endless appeals

    July 9, 2014 12:00 AM

    Obama’s Immigration Lawyers’ Enrichment Act

    Endless appeals and reviews make a mockery of our system of immigration courts.


    By Michelle Malkin



    Protesting deportations of illegal immigrants in Washington, D.C. (Win McNamee/Getty Images)

    Comments 49

    Michelle Malkin

    The American Dream is dying for tens of millions of unemployed, underemployed, and long-term-jobless citizens. But the White House has guaranteed that one sector of the U.S. economy will thrive for decades to come: immigration lawyers.
    Don’t believe the fibbing D.C. flacks. While the president’s spokesman Josh Earnest promised that “most” of the illegal-immigrant youths from Central America flooding across our borders will “likely” be deported, decades of reality expose the White House lie. Our deportation system is designed to fail.
    “Due process” in deportation is a euphemism for interminable delay. According to TRAC Immigration, which gathers data on the chronically backlogged immigration-court system, there are currently more than 366,000 pending deportation cases, with average wait times nationally of nearly 600 days. There are a measly 59 immigration courts staffed by a meager 235 judges to handle all those cases.Insiders have told me again and again over the years: “It ain’t over ’til the alien wins.”
    Democrats, as always, will blame lack of taxpayer funding. But here’s the cold, hard fact: The system is “broken” on purpose. As they clamor for mass illegal-alien amnesty, left-wing immigration lawyers and ethnic activists operate a lucrative industry whose sole objective is to help illegal aliens and convicted-criminal visa holders evade deportation for as long as possible. Groups such as the American Immigration Lawyers Association, the Immigrant Legal Resource Center, and the American Friends Service Committee make their livelihoods off administrative bottlenecks.
    The racket’s chief enablers: the federal Executive Office for Immigration Review, which oversees immigration courts nationwide, and its unaccountable appellate arm, the Board of Immigration Appeals, which routinely puts aliens’ rights over citizens’ safety.
    The BIA’s 15 members are politically appointed career bureaucrats who have the power to overturn deportation orders nationwide. The panel is composed largely of alien-friendly advocates from immigration-law circles, former Justice Department attorneys, and former BIA staff. These meddling activists regularly reopen factual findings of lower trial courts, violating fundamental principles of appellate review and giving illegal aliens more opportunities to press their cases in federal courts than legal American citizens have.
    The legal tricks for evading the flimsy immigration dragnet are well known among the immigrant population, as I first reported twelve years ago in a Center for Immigration Studies report on the deportation abyss. “Even if an alien is removable,” an EOIR bureaucrat testified back then, “he or she may file an application for relief from removal, such as asylum, voluntary departure, suspension of deportation, cancellation of removal, adjustment of status, registry or a waiver of inadmissibility.”
    Today’s young illegal border surgers have a plethora of litigation bites at the apple that will keep them in our country in perpetuity. As one of countless immigration law firms now advises, “There are several forms of relief that an unaccompanied child may apply for in immigration court.” Voluntary departure is the de facto “catch and release” option that entrusts illegals to deport themselves. Then there’s the scam-riddled asylum application process, which is significantly loosened for minors. Next alternative: the special juvenile immigrant visa, which offers lawful permanent resident status to unaccompanied illegal-alien children.
    Another route: the fraud-friendly U visa. It’s a program for illegal-alien victims of trafficking or domestic violence that was supposed to grant temporary legal status if the beneficiaries assisted law enforcement, but has morphed into an ever-expanding path to residency, work authorization, and citizenship for virtually anyone who applies.
    An attorney who worked as a law clerk in the Fifth Circuit shared his firsthand experience with me several years ago. Nothing has changed. “It was amazing the number of petitions for review of BIA decisions we handled,” he said. “You are absolutely correct that immigration lawyers use the current system of endless appeals to make illegals essentially undeportable. (It amazes me that illegal aliens, unlike American citizens, get TWO appeals as of right — one to the BIA and then another to the Circuit Court of Appeals.)”
    One real solution: “Repeal the statutory provisions that provide for judicial review by the Courts of Appeals and the Supreme Court,” the lawyer told me. “It is clearly permissible for the Congress to do this under the Constitution. This would eliminate the biggest ‘bottleneck’ in the removal/deportation process. It would also reduce greatly the overburden dockets of our federal appellate courts.”
    Another solution: As I first proposed twelve years ago in my book Invasion, it’s long past time to abolish the EOIR and BIA and transfer their functions to existing law-enforcement officers within the immigration bureaucracy.
    Expedient promises by both parties to “secure the border” are worthless unless America shuts down the litigation boondoggle that rewards foreign law-breakers, their saboteur lawyers, and their amnesty advocates.

    — Michelle Malkin is the author of Culture of Corruption: Obama and His Team of Tax Cheats, Crooks and Cronies. Her e-mail address is malkinblog@gmail.com. © 2014 Creators.com

    http://www.nationalreview.com/articl...ichelle-malkin
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    Super Moderator Newmexican's Avatar
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    They are ALL guilty.

    8 U.S. Code § 1324 - Bringing in and harboring certain aliens


    Current through Pub. L. 113-121. (See Public Laws for the current Congress.)






    (a) Criminal penalties(1)(A) Any person who—(i) knowing that a person is an alien, brings to or attempts to bring to the United States in any manner whatsoever such person at a place other than a designated port of entry or place other than as designated by the Commissioner, regardless of whether such alien has received prior official authorization to come to, enter, or reside in the United States and regardless of any future official action which may be taken with respect to such alien;
    (ii) knowing or in reckless disregard of the fact that an alien has come to, entered, or remains in the United States in violation of law, transports, or moves or attempts to transport or move such alien within the United States by means of transportation or otherwise, in furtherance of such violation of law;
    (iii) knowing or in reckless disregard of the fact that an alien has come to, entered, or remains in the United States in violation of law, conceals, harbors, or shields from detection, or attempts to conceal, harbor, or shield from detection, such alien in any place, including any building or any means of transportation;
    (iv) encourages or induces an alien to come to, enter, or reside in the United States, knowing or in reckless disregard of the fact that such coming to, entry, or residence is or will be in violation of law; or
    (v)(I) engages in any conspiracy to commit any of the preceding acts, or
    (II) aids or abets the commission of any of the preceding acts,

    shall be punished as provided in subparagraph (B).

    (B) A person who violates subparagraph (A) shall, for each alien in respect to whom such a violation occurs—(i) in the case of a violation of subparagraph (A)(i) or (v)(I) or in the case of a violation of subparagraph (A)(ii), (iii), or (iv) in which the offense was done for the purpose of commercial advantage or private financial gain, be fined under title 18, imprisoned not more than 10 years, or both;
    (ii) in the case of a violation of subparagraph (A)(ii), (iii), (iv), or (v)(II), be fined under title 18, imprisoned not more than 5 years, or both;
    (iii) in the case of a violation of subparagraph (A)(i), (ii), (iii), (iv), or (v) during and in relation to which the person causes serious bodily injury (as defined in section 1365of title 18) to, or places in jeopardy the life of, any person, be fined under title 18, imprisoned not more than 20 years, or both; and
    (iv) in the case of a violation of subparagraph (A)(i), (ii), (iii), (iv), or (v) resulting in the death of any person, be punished by death or imprisoned for any term of years or for life, fined under title 18, or both.

    (C) It is not a violation of clauses [1] (ii) or (iii) of subparagraph (A), or of clause (iv) of subparagraph (A) except where a person encourages or induces an alien to come to or enter the United States, for a religious denomination having a bona fide nonprofit, religious organization in the United States, or the agents or officers of such denomination or organization, to encourage, invite, call, allow, or enable an alien who is present in the United States to perform the vocation of a minister or missionary for the denomination or organization in the United States as a volunteer who is not compensated as an employee, notwithstanding the provision of room, board, travel, medical assistance, and other basic living expenses, provided the minister or missionary has been a member of the denomination for at least one year.

    (2) Any person who, knowing or in reckless disregard of the fact that an alien has not received prior official authorization to come to, enter, or reside in the United States, brings to or attempts to bring to the United States in any manner whatsoever, such alien, regardless of any official action which may later be taken with respect to such alien shall, for each alien in respect to whom a violation of this paragraph occurs—(A) be fined in accordance with title 18 or imprisoned not more than one year, or both; or
    (B) in the case of—(i) an offense committed with the intent or with reason to believe that the alien unlawfully brought into the United States will commit an offense against the United States or any State punishable by imprisonment for more than 1 year,
    (ii) an offense done for the purpose of commercial advantage or private financial gain, or
    (iii) an offense in which the alien is not upon arrival immediately brought and presented to an appropriate immigration officer at a designated port of entry,be fined under title 18 and shall be imprisoned, in the case of a first or second violation of subparagraph (B)(iii), not more than 10 years, in the case of a first or second violation of subparagraph (B)(i) or (B)(ii), not less than 3 nor more than 10 years, and for any other violation, not less than 5 nor more than 15 years.



    (3)(A) Any person who, during any 12-month period, knowingly hires for employment at least 10 individuals with actual knowledge that the individuals are aliens described in subparagraph (B) shall be fined under title 18 or imprisoned for not more than 5 years, or both.
    (B) An alien described in this subparagraph is an alien who—(i) is an unauthorized alien (as defined in section 1324a (h)(3) of this title), and
    (ii) has been brought into the United States in violation of this subsection.


    (4) In the case of a person who has brought aliens into the United States in violation of this subsection, the sentence otherwise provided for may be increased by up to 10 years if—(A) the offense was part of an ongoing commercial organization or enterprise;
    (B) aliens were transported in groups of 10 or more; and
    (C)(i) aliens were transported in a manner that endangered their lives; or
    (ii) the aliens presented a life-threatening health risk to people in the United States.



    (b) Seizure and forfeiture(1) In generalAny conveyance, including any vessel, vehicle, or aircraft, that has been or is being used in the commission of a violation of subsection (a) of this section, the gross proceeds of such violation, and any property traceable to such conveyance or proceeds, shall be seized and subject to forfeiture.

    (2) Applicable proceduresSeizures and forfeitures under this subsection shall be governed by the provisions of chapter 46 of title 18 relating to civil forfeitures, including section 981(d) of such title, except that such duties as are imposed upon the Secretary of the Treasury under the customs laws described in that section shall be performed by such officers, agents, and other persons as may be designated for that purpose by the Attorney General.

    (3) Prima facie evidence in determinations of violationsIn determining whether a violation of subsection (a) of this section has occurred, any of the following shall be prima facie evidence that an alien involved in the alleged violation had not received prior official authorization to come to, enter, or reside in the United States or that such alien had come to, entered, or remained in the United States in violation of law:
    (A) Records of any judicial or administrative proceeding in which that alien’s status was an issue and in which it was determined that the alien had not received prior official authorization to come to, enter, or reside in the United States or that such alien had come to, entered, or remained in the United States in violation of law.
    (B) Official records of the Service or of the Department of State showing that the alien had not received prior official authorization to come to, enter, or reside in the United States or that such alien had come to, entered, or remained in the United States in violation of law.
    (C) Testimony, by an immigration officer having personal knowledge of the facts concerning that alien’s status, that the alien had not received prior official authorization to come to, enter, or reside in the United States or that such alien had come to, entered, or remained in the United States in violation of law.


    (c) Authority to arrestNo officer or person shall have authority to make any arrests for a violation of any provision of this section except officers and employees of the Service designated by the Attorney General, either individually or as a member of a class, and all other officers whose duty it is to enforce criminal laws.

    (d) Admissibility of videotaped witness testimonyNotwithstanding any provision of the Federal Rules of Evidence, the videotaped (or otherwise audiovisually preserved) deposition of a witness to a violation of subsection (a) of this section who has been deported or otherwise expelled from the United States, or is otherwise unable to testify, may be admitted into evidence in an action brought for that violation if the witness was available for cross examination and the deposition otherwise complies with the Federal Rules of Evidence.

    (e) Outreach programThe Secretary of Homeland Security, in consultation with the Attorney General and the Secretary of State, as appropriate, shall develop and implement an outreach program to educate the public in the United States and abroad about the penalties for bringing in and harboring aliens in violation of this section.



    [1] So in original. Probably should be “clause”.
    http://www.law.cornell.edu/uscode/text/8/1324








  3. #3
    Senior Member AirborneSapper7's Avatar
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    WATCHDOG: DOJ Shelters Lawyers Guilty Of 650 Ethical Violations

    The Department of Justice internal agency watchdog reports more than 650 ethical violations by DOJ lawyers, but refuses to release the identity of the perpetrators. The Office of Professional Responsibility discovered and documented the ethical rule violations spanning the period from 2002 to 2013, including 400 cases of recklessness or intentional misconduct, according to the OPR’s standards.
    If you find this troubling, make sure to Share & spread the word!
    DOJ upholds a practice of not disclosing the names of lawyers identified by OPR as having committed offenses. “The result: the Department, its lawyers, and the internal watchdog office itself are insulated from meaningful public scrutiny and accountability,” concluded the Project on Government Oversight.
    Federal attorneys misled courts at least 48 times, including 20 intentional violations, breached constitutional or civil rights 13 times, and did not provide exculpatory information to defendants 29 times, according to OPR.



    OPR also found examples in fiscal year 2012 in which lawyers were given brief suspensions or letters of admonishment for severe instances of misconduct.

    Source: The Daily Caller
    Photo: DonkeyHotey on Flickr

    http://www.truthandaction.org/watchd...al-violations/
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