By Federale
09/29/2017
Immigration judges are a problem. A major problem. Their selection is fraught with danger as Immigration Judges are a danger to the Constitution, the law, and the nation. And they are ambitious. They want to be real judges and make their own immigration law and policy. They want to be Kritarchs.One would think that the Attorney General, who choses Immigration Judges would take care and discretion in their selection. One would think that Jeff Sessions would take such care. He has been talking the talk on the immigration issue, but his walking the walk on the issue is much to be desired. However, in a matter of days after a selection of one particular Immigration Judge, the truth came out, James McCarthy, appointed by Jeff Sessions, is a Kritarch.
HARTFORD — After 36 people blocked court access and were arrested, the Ramos family got word Monday evening that a New York immigration judge had granted them a stay so he can consider reopening the couple’s deportation case.So, McCarthy, who should know better, as he was an attorney for U.S. Immigration and Customs Enforcement (ICE) Office of the Principal Legal Advisor (OPLA), before his appointment to the Executive Office For Immigration Review (EOIR) granted these scofflaws a stay.Attorney Michael Boyle said Franklin and Gioconda Ramos will likely be here until at least Oct. 18 …
“We are very happy that Judge McCarthy took this action to preserve his jurisdiction over the motion to reopen. We hope that ICE will re-evaluate its position and not oppose the motion, and we hope that the judge will approve it,” Boyle said in a statement.
[Judge Grants Undocumented Connecticut Couple Stay In Deportation Case, by Mary O'Leary, New Haven Register, September 25, 2017]
Worse yet, the decision was made under threats of violence and illegal blocking of an ICE office.
It was a happy turn of events for the family whose oldest son, Jason Ramos, 24, had been among those participating in the civil disobedience at Immigration Court in Hartford around 8 a.m. when three dozen protesters blocked entry to the Immigration Court in Hartford.Judge McCarthy was either intimidated or acted with his secret desire to overthrow the immigration system and laws. Worse yet, McCarthy, who is at the EOIR office in New York, acted outside his jurisdiction, as the immigration case is out of the EOIR in Hartford, CT.They were among some 200 protesters demonstrating on behalf of the Ramos’s and ICE deportation policies in general as more undocumented immigrants without criminal backgrounds are being ordered to leave.
To compound his crime and arrogance, McCarthy had no legal justification for his order suspending the deportation of two illegal aliens, Franklin and Gioconda Ramos.
ICE, in its statement, traced the history of the couple’s status issues.Now the illegal aliens are lying, claiming that they never had an immigration hearing. However, they benefited from the Obama Regime Administrative Amnesty after being ordered deported again in 2012, being allowed to stay and work.Both had final orders of removal issued by an ICE judge in New York in 2005, but Franklin Ramos said he never received the order and wasn’t aware of it until 2012 when he continued to pursue legal status.
He was then held for three months, but later was allowed to stay under prosecutorial discretion, which the Obama administration had used for the undocumented who were not a priority for removal.
After years of renewed stays, on Aug. 1, ICE, operating under the new policies of the Trump administration, proceeded with the original 2005 removal order.
Both entered the United States illegally in 1993, then arrested in the early 2000s, then agreed to leave voluntarily after immigration court hearings in 2005. This is called Voluntary Departure, an agreement to leave the United States before an Immigration Judge after they admitted they were in the United States illegally and had no legal recourse to stay.
There is no basis for an Immigration Judge to re-open an immigration case already decided by another judge, and one in which the illegal aliens in question did not pursue their options, as the Ramos’s did not do both in 2005 nor in 2012.
AG Sessions took some baby steps to reign in the kritarchs in the EOIR, such as issuing orders to limit continuances of immigration hearings that are contributing to the immigration court backlog. But he needs to do more, including issuing orders to prevent Immigration Judges from reopening immigration cases where there is a final order of removal. That authority he should restrict to himself, the Attorney General.
In a similar vein, a Federal Kritarch has ordered that the deportations of a group of illegal aliens from Indonesia be halted despite the fact that all the illegal aliens had asylum hearings and were then denied hearings. The Kritarch wants to review the law to see if he can change that decision.
Clinton Kritarch Patti Saris
A federal judge on Tuesday put on hold the deportation of several dozen Indonesians in New England who had lost their bid to remain in the U.S. and feared persecution if returned home …While AG Sessions cannot fire Federal Judge Patti Saris, as he can and should James McCarthy, he can immediately appeal this illegal decision by a Clinton appointee. Federal Judges have little to no authority over deportation decisions, as due process for aliens is what Congress says it is, as courts have decided. And most certainly not after the illegal alien in question has gone through the whole process of hearing and appeals in the EOIR.A lawsuit on their behalf was filed Monday. A judge in Boston ruled Tuesday that U.S. immigration officials could not remove the Indonesians until a determination was made about whether the court has jurisdiction …
Shawn Neudauer, a spokesman for ICE, said a judge already had ruled the Indonesians had to leave the country and that they had been given to up to two years "to pursue forms of immigration relief" or get their affairs in order.
[Judge Puts Deportations Of Indonesians On Hold, by Michael Casey, Fox/AP, September 26, 2017]
Time for Jeff Sessions to walk the walk.
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