Thread: Supreme Court eases rules for those who overstay visas

The liberal judges shafted the American people again.
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June 16, 2008, 10:14AM
High court eases rules for those who overstay visas
Associated Press

WASHINGTON — The Supreme Court made it easier today for some foreigners who overstay their visas to seek to remain in the United States legally.

The court ruled 5-4 that someone who is here illegally may withdraw his voluntary agreement to depart and continue to try to get approval to remain in the United States.

The decision essentially embraced a proposed Justice Department regulation governing the treatment of similar cases in the future.

Samson Dada, a Nigerian citizen, stayed beyond the expiration of his tourist visa in 1998. He married an American the following year and soon began trying to obtain a visa as an immediate relative of a citizen. But Dada and his wife apparently failed to submit some documents, causing immigration officials to deny the visa.

Dada has been trying again to obtain the visa, but immigration authorities meanwhile have ordered him to leave the country.

He agreed to leave voluntarily, which would allow him to try sooner to re-enter the country legally than if he had been deported.

The court's task was to decide whether he could withdraw his voluntary agreement to leave the country and continue to try to adjust his status while in the United States.

Immigration authorities recently ruled that Dada had entered a "sham" marriage in order to stay in the United States, but that finding was not part of the court's consideration.

Justice Kennedy wrote the majority opinion, joined by his four liberal colleagues. The four conservative justice dissented.

Justice Antonin Scalia said, "The court lacks the authority to impose its chosen remedy."

The case is Dada v. Mukasey, 06-1181.

http://www.chron.com/disp/story.mpl/nation/5839891.html

Oh my God! I can't believe that those five idiots just gave the green light to half the illegal aliens in the country! Sham marriage? Break the law? No problem with these liberals and they did it at the request of the Bush administration!

Does this mean that half of the illegal aliens in America will shortly lose their illegal status????

W

Here's the 35-page decision. Will have to plow through this:

http://www.supremecourtus.gov/opinions/ ... 6-1181.pdf

You can be sure the immigration attorneys will be jumping all over this one.

Another example of the courts overstepping the Constitution and our laws. They all need to be unbenched.

This shocks me and remember they have the gun law descision coming up,this really does worry me.

Oh my God! I can't believe that those five idiots just gave the green light to half the illegal aliens in the country! Sham marriage? Break the law? No problem with these liberals and they did it at the request of the Bush administration!

Does this mean that half of the illegal aliens in America will shortly lose their illegal status????

Perhaps not. The context of this decision may be so narrow that it won't apply to the majority of circumstances. This case referred to a voluntary decision to leave---not a deportation. Scalia is also raising practical questions for future rulings that would be related "The Court lacks authority to impose its chosen remedy." Not sure how he arrived at that--- but it does raise some questions for future decisions. Sham marriages would still be deportable, I presume, barring regulatory change.

Still this is a very negative decision. It would take some acrobatics for any future court to change it.

But what about this proposed federal regulation? Who has come up with that one?

I just sent a copy of this article to Lou Dobbs. Hopefully he'll get the word out a little more to let the people know that their Constitution is yet again being trampled.

So if someone has not agreed to "voluntarily deport" would they also be allowed to petition to remain in this country while they resolve their immigration issues?

In other words, if someone has been issued a formal order of deportation, can they petition to have that order removed and remain in this country, essentially indefinitely, while they fight their case?

These are the types of decisions that are meant to muddy the water just a little more...

More and more, being a citizen has less and less meaning.

I love that commercial where they show a tennis match going on.....then bam everyone in the stands comes down and starts banging balls around. Some just go to stand around on the court and do anything...put on make-up, work on their lap-top, whatever. Just nothing but mass chaos and no-one accomplishes anything.

I could easily see the woman putting make-up on suing someone playing tennis for messing up her make-up, and the guy on his lap-top whining how he can't get his work done. Both screaming about their "right" to be there. Forget the fact it's a tennis court, it's a court for a game, that has rules, and for those who merely "wanted to play", they don't want to abide by the rules, go through the process, wait their turn or whatever, because they "want" it......NOW. While the people this game was about gets run off the court.........


How they think no rules and guidelines will be "better" for us all......I don't know.