Judge Who Told Illegal Immigrant To Leave Court Is Dismissed - Page 6

JaJae · 07-25-2006, 02:26 PM

Originally Posted by WickedLou9

that's not really the same.

Explain the difference in a legal sense.

WickedLou9 · 07-25-2006, 02:26 PM

Originally Posted by JaJae

Local police are allowed to make an arrest in most states as far as I know.

they are, but the state judge can't rule on the matter.

JaJae · 07-25-2006, 02:28 PM

Originally Posted by WickedLou9

they are, but the state judge can't rule on the matter.

He didn't try to. The transcript states:

"I hate the immigration laws that we have, but I think the bailiff could take you to the immigration services and send you to Mexico,"

WickedLou9 · 07-25-2006, 02:28 PM

Originally Posted by JaJae

Explain the difference in a legal sense.

an escaped convict is not the same as someone in the country illegaly.

It's like comparing jaywalking to wreckless driving.

JaJae · 07-25-2006, 02:30 PM

Originally Posted by WickedLou9

an escaped convict is not the same as someone in the country illegaly.

So it comes down to a matter of personal opinion. In your opinion she wasn't doing anything that wrong and therefore it's ok. In my opinion she was doing something very wrong and it's not ok.

WickedLou9 · 07-25-2006, 02:30 PM

Originally Posted by JaJae

He didn't try to. The transcript states:

"I hate the immigration laws that we have, but I think the bailiff could take you to the immigration services and send you to Mexico,"

considering the circumstances, that was a pretty stupid thing to say to someone coming to you for help. A woman comes to you and says " Please help me, I am afraid of my husband" and you would look at her and say, " you are not here legally, you are going to jail"

how cold and heartless would you have to be?

JaJae · 07-25-2006, 02:32 PM

Originally Posted by WickedLou9

considering the circumstances, that was a pretty stupid thing to say to someone coming to you for help. A woman comes to you and says " Please help me, I am afraid of my husband" and you would look at her and say, " you are not here legally, you are going to jail"

how cold and heartless would you have to be?

We don't have the full transcript. But she came to him saying she wanted a restraining order because he was verbally abusive and threatening to have her deported.

He said ok, I'll turn around.. you can go away and disappear and I won't have you convicted with your crime. Problem solved as far as I'm concerned. Again. the only injustice done is that she's still in this damn country and in our shelters eating MORE taxpayer money.

WickedLou9 · 07-25-2006, 02:33 PM

Originally Posted by JaJae

So it comes down to a matter of personal opinion. In your opinion she wasn't doing anything that wrong and therefore it's ok. In my opinion she was doing something very wrong and it's not ok.

being here without following the proper channeles is wrong in the legal sense yes. However I don't think that this fact alone should be a license to allow people to be abused by thier spouse or any other such circumstance. It's a case where human dignity is more important than paperwork, at least for the moment at hand. Make sure that the lady is safe. deal with the INS issue later.

JaJae · 07-25-2006, 02:35 PM

Originally Posted by WickedLou9

being here without following the proper channeles is wrong in the legal sense yes. However I don't think that this fact alone should be a license to allow people to be abused by thier spouse or any other such circumstance. It's a case where human dignity is more important than paperwork, at least for the moment at hand. Make sure that the lady is safe. deal with the INS issue later.

It doesn't sound to me like the woman was ever in any danger other than the fear of being deported.

WickedLou9 · 07-25-2006, 02:38 PM

Originally Posted by JaJae

It doesn't sound to me like the woman was ever in any danger other than the fear of being deported.

If that was the case then I agree that she should have been held accountable for abusing the system.
However I doubt that the woman would have gone to the court and risked deportation unless she was really in fear for her safety and didn't see any other choice.

IminWonderland · 07-25-2006, 02:39 PM

Originally Posted by WickedLou9

federal immigration law is outside of the jurisdiction of the state court and this the judge should not and can not threaten a person with enforcement of a federal law over which he can not rule. He should have ruled on the matter at hand and then if he decided it was best, reported the issue to the INS where it could be handled in a federal immigration court.

He wasn't making a ruling. And what he was essentially doing is telling her that he was going to report her to the authorities who COULD do something about it...

Does a judge have to contact the DEA about a drug offender coming to court, or can he only handle the restraining order?

IminWonderland · 07-25-2006, 02:41 PM

Originally Posted by WickedLou9

If that was the case then I agree that she should have been held accountable for abusing the system.
However I doubt that the woman would have gone to the court and risked deportation unless she was really in fear for her safety and didn't see any other choice.

Why would you doubt that? Illegal's use and abuse our resources all the time.

It's just too bad more judges to handle them when they come into court.

WickedLou9 · 07-25-2006, 03:00 PM

Originally Posted by IminWonderland

Why would you doubt that? Illegal's use and abuse our resources all the time.

It's just too bad more judges to handle them when they come into court.

I just said why I doubted it.

thewise1 · 07-25-2006, 03:03 PM

I think he was pretty lenient, should have arrested any illegals the moment it became apparent

IminWonderland · 07-25-2006, 03:06 PM

Originally Posted by WickedLou9

I just said why I doubted it.

I think you need more illegals in your neighborhood.