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this is funny..

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  • this is funny..

    http://www.ilw.com/articles/2010,1014-kolken.shtm

    now what?
    Its a discussion, not a legal advise..

  • #2
    I noticed that in the filing, his attorneys did not say what he said to the ICE agents the first time. Clearly in his first stateement he said he was an alien. Just like that other crazy guy who said he was Russian and got deported. If you are crazy and say you are an alien, you are just frakking yourself up.

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    • #3
      Originally posted by mohan:
      http://www.ilw.com/articles/2010,1014-kolken.shtm

      now what?
      I read something very similar to this just yesterday.

      It's quite sad to see an entire system so completely out of control, causing harm to the very same people it's supposed to protect.

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      • #4
        It's quite sad to see this entire site is so completely out of control, causing harm to the very same people it's supposed to protect.

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        • #5
          So how is this funny? Because the poor man was mentally ill? Or because he was beaten and abused by prison guards? I can hardly imagine how afraid and sad that poor man must have felt. You have no feelings - another example of the culture of narcissism.

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          • #6
            I think he means it was funny because the guy was deported from his own country. This happens quite a lot. Why he was detained and interrogated again when arriving with a US passport is beyond me. Clearly the CBP don't talk to the State Department/USCIS.
            "What you see in the photograph isn't what you saw at the time. The real skill of photography is organized visual lying."

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            • #7
              Moron Brit did not even read the story. USCIS was not involved in these events. And CBP and ICE investigate misuse of U.S. passports by aliens. It quite more frequent for aliens to misuse U.S. passports than for U.S. citizens to be deported mistakenly. In fact it is very rare. Usually only the mentally ill who at one point claim to be aliens.

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              • #8
                Perfect thread to have some REAL immigration related discussion.

                Alright, be my guest, let's have some real debate on the issues. I'm all ears.

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                • #9
                  But f*cknut FedNUT, he was issued a US PASSPORT by the State Dept! If that isn't enough then I don't know what is. His "immigration record" should never have been. He's a USC not an immigrant.

                  Yes it does happen quite often too:

                  Study: Some Disabled Immigrants Face Deportation

                  U.S. citizens and legal permanent residents with mental disabilities have been mistakenly deported because they were unable to effectively defend themselves, according to a study released by the American Civil Liberties Union and the non-profit Human Rights Watch.

                  In one 2000 case, a U.S. citizen with cognitive disabilities was arrested by immigration officials in New York on return from a trip to visit her family in Jamaica. She was deported. In another in 2008, a U.S. citizen with bipolar disorder and developmental disabilities was deported to Mexico, and from there to Honduras and Guatemala, after signing a statement indicating he was a Mexican national. It took four months to return the man to the U.S. And in yet another case, a U.S. citizen with developmental disabilities was apprehended at a county jail in California where he was serving a sentence for trespassing. He was deported to Mexico in 2007, where he was lost for three months before he was located and returned to his family in California.

                  In the study, Human Rights Watch and the ACLU also interview 104 non-citizens with mental disabilities — and report that many of them face a likelier road to deportation because they have a limited ability to express themselves. Many of the estimated 57,000 mentally ill immigrant detainees in the U.S. will have no attorneys, and no way to notify judges that they're incapacitated. In the interviews, some of which were conducted in Texas detention centers, one individual did not know what a judge was, others were hallucinating, some did not understand the concept of deportation. Several could not read or write, tell time, name their birth place or say what day it was.

                  Texastribune.com
                  "What you see in the photograph isn't what you saw at the time. The real skill of photography is organized visual lying."

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                  • #10
                    The problem here is that a US Citizen should NEVER be deported, by accident or otherwise. This would be like sentencing people before a verdict.

                    It's the pressure. Pressure to deport, pressure to deny visas, pressure to show you're "tough" on those who aren't well liked.

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                    • #11
                      This is nothing new though, this happened before as well during the Bush administration when the first "crack down" was launched. US Citizens were humiliated and detained simply because they looked hispanic.

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                      • #12
                        Agreed Houston. IF the applicable Departments talked to each other a lot of this mess would never happen. In the case of the guy in Mohan's article, if CBP talked to the State Dept they would have realized pretty quick that he was a genuine USC. That's all it needed. The sad part is, a lot of these "accidental" deportations of USC's tend to be those who can least defend themselves and once back here are unlikely to take the authorities to court for wrongful deportation.
                        "What you see in the photograph isn't what you saw at the time. The real skill of photography is organized visual lying."

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                        • #13
                          There's a thing called "deferred inspection". Even CBP is asked to use that very mechanism when there's doubts about the status of a person that cannot be resolved immediately, and we're talking LPRs here. I would only imagine there's a higher protection for a USC.

                          But this is about pressure. The USCIS has a mission and that's to facilitate legal immigration. These days, the mission seems to be to "restrict immigration whenever possible by denying a benefit under any possible excuse". That can't be right.

                          I can only venture here to guess the frustration thousands of hard working USCIS employees feel when confronted with this new reality.

                          U.S. Citizenship is a very powerful equity. Removing the protections that come with it is a very delicate process and the Citizen is afforded every degree of Due Process conceivable under law. This shouldn't be a new notion for those in charge of law enforcement, after all, it comes from the very same case that contains the definition of "materiality" that's used by every single agency all over the United States.

                          Case law is plagued with situations like this where immigrants are treated with contempt simply because they're not USC. There's a very famous case that describes how the favorable court opinion was handed down as the alien was being removed across the border. Due process? Hardly. Now imagine that level of contempt against the very same people who are supposed to be protected by the system and the law.

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                          • #14
                            Moron Brit does not know that the State Department issues all U.S. passports and quite frequently issues them to aliens and to other impostors.

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                            • #15
                              No one in America complains about the latter.
                              And I suppose none of the attendees at the multitude of anti-war rallies are American? You must be wearing blinders.

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