Thread: Supreme Court eases rules for those who overstay visas

Link to more info, including the dissents by Justices Scalia, Alito et al.

http://jurist.law.pitt.edu/paperchase/2 ... cy-tax.php

Our US Congress needs to write a law to stop this.

Judges only interpret the law that Legislators write.

Complain to your Congressmen about this.

Dixie

This is not their job....the Justice department is not suppose to make or change laws! They really are going to far this is unconstitional......

ICE needs to go pick this guy up and deport him...NOW!!!

[T]o safeguard the right to pursue a motion to reopen for voluntary departure recipients, the alien must be permitted to withdraw, unilaterally, a voluntary departure request before expiration of the departure period, without regard to the underlying merits of the motion to reopen. As a result, the alien has the option either to abide by the terms, and receive the agreed-upon benefits, of voluntary departure; or, alternatively, to forgo those benefits and remain in the United States to pursue an administrative motion.

The way I understand this is Dada was going to voluntarily leave the U.S. and gave up his right to a hearing.......he wanted to retract the voluntary leave and have his hearing and the courts gave him the right to do that........but he still has to go before an immigration Judge, if he is denied the right to stay he will not be allowed back in the country legally for at least 10 years.

This should have been decided by Immigration and customs not the Justice dept.

Anyway that is how I interpet it.

So the fact that he entered into a 'sham' marriage is not relevant?? I thought that in itself was a deportable offence? They give those of us who come here legally a pretty hard time throughout the whole procedure and yet this guy just gets a second chance after breaking the law?

Originally Posted by scottiemum

So the fact that he entered into a 'sham' marriage is not relevant?? I thought that in itself was a deportable offence? They give those of us who come here legally a pretty hard time throughout the whole procedure and yet this guy just gets a second chance after breaking the law?

I have come to the conclusion scottiemum there is no longer any one offense that is considerd a "deportable offense". And if it is, it doesn't mean they will be deported. How many stories have we heard regarding illegals with multiple convictions / incarcerations (some for violent crimes) and yet they are released back onto our streets only to commit additional crimes.

If they are deported, they are back in town before the judge sits down for dinner. The whole thing makes me nauseous...

At the behest of the Bush Adminstration - now why do I find this not surprising.

See this extremely "enlightening/sad/funny" write-up by Bill Long, a lawyer, about how Samson Dada turned 4 1/2 months into 10 years!

http://www.drbilllong.com/SupCt/Dada.html
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He's not so dumb, thats definitly working the system eh!

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

Liberal judges are not our friends and never have been!