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THE SUPREME COURT IS NOTHING BUT A DEVICE TO UPHOLD THE INTERESTS OF CORPORATE AMERICA! WALL STREET WANTS ENDLESS HORDES OF ILLEGALS WALKING OVER OUR BORDERS.
THE MOMENT AN ILLEGALS STOMPS OUR BORDER THEY ARE A CRIMINAL. BUT THAT’S JUST WHERE IT BEGINS. SOON THEY WILL HAVE A POCKET FULL OF STOLEN SOCIAL SECURITY NUMBERS AND A STOLEN JOB.
THERE IS A REASON WHY MOST OF THE FORTUNE 500 ARE GENEROUS LA RAZA DONORS!
THERE IS A REASON WHY OBAMA NOMINATED RACIST WISE LATINA BITCH TO THE COURT. SONYA SOTOMAYER LONG PANDERED TO THE CORPORATE INTERESTS AND PUSHED FOR OBAMA’S OPEN BORDERS = DEPRESSED WAGES. JUDGE WISE BITCH REFERS TO ILLEGALS AS “UNDOCUMENTED ALIENS”. OBAMA REFERS TO THEM AS “UNREGISTERED VOTERS”.
IT’S ALL ABOUT LA RAZA SUPREMACY!
No automatic deportation of immigrants for minor drug offenses, justices rule
By Robert Barnes
Washington Post Staff Writer
Tuesday, June 15, 2010; A05
Immigrants convicted of minor drug offenses should not face automatic deportation, the Supreme Court ruled unanimously Monday, a decision that could allow thousands of legal immigrants the chance to argue for leniency from immigration judges.
The court overruled the legal interpretations of the federal government and a lower appeals court in saying that Jose Angel Carachuri-Rosendo should have had a chance to make his case for staying in the country.
Carachuri-Rosendo, a legal resident who had lived in the United States since he was 5, was deported to his native Mexico after being convicted of possessing a single tablet of Xanax, an anti-anxiety drug, and serving a 10-day sentence. He had been convicted of possessing a small amount of marijuana a year earlier and received a 20-day sentence.
In an opinion by Justice John Paul Stevens, the court said that was not what Congress had in mind when it mandated automatic deportation for any immigrant convicted of an aggravated felony. The government had said that Carachuri-Rosendo's second conviction put him in that category, even though local prosecutors did not increase the second offense to a drug-trafficking charge.
"We do not usually think of a 10-day sentence for the unauthorized possession of a trivial amount of a prescription drug as an 'aggravated felony,' " Stevens wrote. Immigrants who break the law should receive the chance to plead their case before an immigration judge rather than face automatic deportation, he said.
Manuel Vargas, senior counsel for the Immigrant Defense Project, said that would mean immigrants could ask a judge to consider factors such as their length of time in the United States, military service, and family and community ties. Illegal immigrants would still face virtually automatic deportation, he said.
Carachuri-Rosendo, who is in his early 30s, was deported even though his common-law wife, four children and other family members are U.S. citizens.
The case is Carachuri-Rosendo v. Holder.
The court also dealt second chances in another case.
It said a death-row inmate from Florida deserves another opportunity to have federal courts review his sentence because his lawyer did not meet a filing deadline.
The U.S. Court of Appeals for the 11th Circuit in Atlanta had ruled that even if Albert Holland's attorney Bradley M. Collins was "grossly negligent" in missing the deadline, the law didn't afford Holland, who was convicted of killing a police officer, another chance. Federal law requires that the lawyer must have exhibited "bad faith, dishonesty, divided loyalty, mental impairment or so forth" to file a petition after the deadline.
"In our view, this standard is too rigid," Justice Stephen G. Breyer wrote in the court's 7-2 opinion.
Breyer noted numerous examples of Holland's efforts to get the lawyer to file by the deadline and pointed out that in some cases, Holland's legal interpretations were right and Collins's were wrong. "The case before us does not involve, and we are not considering, a 'garden-variety claim' of attorney negligence," Breyer wrote.
Justices Antonin Scalia and Clarence Thomas dissented. Scalia said that although the court's "impulse to intervene when a litigant's lawyer had made mistakes is understandable," precedent demands a finding that the petitioner is "out of luck."
The case is Holland v. Florida.
The court also accepted California Gov. Arnold Schwarzenegger's challenge of a special federal judicial panel's decision that the state must reduce its prison population by 46,000 inmates over the next two years. The court will hear the case in the term that begins in the fall, and the order is on hold until the justices decide the issue. The case is Schwarzenegger
Audit looks at migrant re-arrests
McClatchy Newspapers
Jan. 9, 2007 12:00 AM
WASHINGTON - Some illegal immigrants are being released from prison only to be arrested on new charges despite government efforts to deport them and keep them out of the country.
The findings are part of an audit by Justice Department Inspector General Glenn Fine that suggest authorities are still struggling to deport illegal immigrants who commit crimes, even though most state and local authorities are notifying immigration authorities of the imminent release of prisoners.
Fine's office analyzed the cases of 100 immigrants who had served time in prison and found 73 of them were rearrested after being released.
On average, each immigrant was rearrested six times, ranging from traffic violations to assault.
Fine's office couldn't determine how many illegal immigrants had been rearrested overall because immigration authorities don't keep track.
If the sample was any indication, "The rate at which released criminal aliens are rearrested is extremely high," the report said.
Last year, Homeland Security's inspector general said immigration authorities expected that most of the 300,000 illegal and legal immigrants eligible to be deported would be released.
Federal officials said they would need 34,000 additional beds at a cost of $1.1 billion to detain and remove all of them.
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Some Illegal Immigrants Have Been Arrested and Re-Arrested 6 Times
Some Illegal Immigrants have been arrested and Re-Arrested 6 Times - Illegal Immigrants arrested for being in the United States illegally may have been charged up to six more times, for more serious crimes, after they were released by local authorities. Additionally, the number of illegal immigrants deported after being declared a felon is on the rise.
The Justice findings by department Inspector General Glenn A. Fine examined the criminal histories of 100 illegal immigrants arrested and then released by local and state authorities in 2004, the latest complete data available. Of the sample group of 100, according to the audit, 73 immigrants were later arrested a collective 429 times - on charges ranging from traffic tickets to weapons and drug charges.
The data suggest "the rate at which released criminal aliens are re-arrested is extremely high," the audit noted. The report, parts of which were redacted, was required by Congress in 2005 and looked at how local and state authorities that receive Justice Department funding are working with the Homeland Security Department.
For years, the government was forced to release thousands of illegal immigrants who were caught in the United States because of not enough jail space and other resources. But last fall, with immigration as a key election-year priority, Homeland Security declared it would detain 99 percent of non-Mexican illegal immigrants until they could be returned to their home nations. The policy generally does not apply to Mexicans, who are almost immediately returned to Mexico after being stopped by Border Patrol agents.
The Justice audit, however, only looked at immigrants who were arrested and released by local and state authorities before they could be turned over to Homeland Security to be detained or deported. In all, 752 cities, counties and states participating in the program received $287 million in 2005, the audit noted.
Five states - California, New York, Texas, Florida and Arizona - received the bulk of the money, together pulling in more than $184 million.
Assistant Attorney General Regina B. Schofield, who oversees the Office of Justice Programs that controlled the funding, declined comment on the audit, noting that it does not contain any recommendations.
A separate report by the Transactional Records Access Clearinghouse at Syracuse University showed that the number of immigrants who were deported as "aggravated felons" doubled over the last 15 years, from 10,303 in 1992 to an estimated 23,065 in 2006.
But TRAC, which obtained the data from the Justice Department's Executive Office of Immigration Review, noted concerns that some of those immigrants never committed felonies.
"An individual can be declared an aggravated felon on the basis of a conviction on misdemeanor charges such as shoplifting," the TRAC report concluded.
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THE FIGURE FOR MEXICAN GANG MEMBERS IN OUR NATION NOW CALCULATED BY CNN TO BE MORE THAN A MILLION. ACCORDING TO THE F.B.I., THE MEXICAN DRUG CARTELS OPERATE IN 233 AMERICAN CITIES – HOMELAND SECURITY?)
Lou Dobbs Tonight
And there are some 800,000 gang members in this country: That’s more than the combined number of troops in our Army and Marine Corps. These gangs have become one of the principle ways to import and distribute drugs in the United States. Congressman David Reichert joins Lou to tell us why those gangs are growing larger and stronger, and why he’s introduced legislation to eliminate the top three international drug gangs.
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