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Thread: Finally It Happens: New York City Lawyer Challenges VAWA in Federal Court

  1. #1
    Jim Peterson
    Finally It Happens: New York City Lawyer Challenges VAWA in Federal Court
    February 21, 2008 at 3:22 pm · Filed under Vox Populi

    Federal lawsuit charges parts of the Violence against Women Act are unconstitutional.

    Attorney Roy Den Hollander filed on February 14th, a suit in the U.S. Southern District Court of N.Y. attacking sections of the Violence Against Women Act (VAWA) and other U.S. statutes for violating the Constitutional rights of American men who marry alien females.

    The defendants are the United States of America, U.S. Citizenship and Immigration Services and the Executive Office of Immigration Review, No. 08 CV 01521. Roy Den Hollander is the sole plaintiff. Hollander has also sued in a New York State court to have Ladies Nights declared discriminatory in New York City nightclubs and bars.

    The VAWA infringes American mens rights to freedom of speech, freedom of choice in marital relationships, right of access to deportation proceedings, procedural due process, and equal protection under the law in violation of the First and Fifth Amendments to the United States Constitution. The unconstitutional statutes, enacted at the behest of the feminist lobby, create a fast track to permanent U.S. residency and citizenship for alien wives or ex-wives of American husbands whenever the alien female alleges abuse. Once she mentions the magic words -battery- or -extreme cruelty-, the Government institutes secret, -Star Chamber- immigration proceedings to determine whether the citizen husband is responsible, and, if yes, grants the alien female permanent U.S. residency. The American husband or ex-husband receives no notice of the proceedings, has no opportunity to defend his name, and the Government's findings of abuse are based almost exclusively on what the alien female says. The feminist lobby created the statutes in order to deter American men from looking overseas for wives. If a marriage to a foreign wife does not workout, the alien female can falsely and opportunistically accuse her American husband of -battery- or -extreme cruelty- and he will have no opportunity to prove his innocence. The husband is barred from the proceedings that are conducted behind closed doors and any evidence that the Government might receive from him is discarded. So not only is the husband presumed guilty, but he is not even allowed to prove differently.

    Hollander says -the feminists did not create these statutes out of bleeding hearts for alien wives but to intimidate American men into shopping at home for wives. He notes that, if an American wife accuses her husband of abuse, he at least gets his day in court and the abuse has to fit specific legal definitions. But under the VAWA, a husband can be found guilty of -battery- and -extreme cruelty- for anything from an -offensive- remark to felony assault.

    While the VAWA would not send an American man to jail or fine him...not yet anyway, his rights are violated with impunity and his reputation destroyed. Both his alien wife or ex-wife and certain feminist groups can release what happened in the secret proceedings, and in New York State, the husband will have no recourse to a defamation, false light or prima facie tort cause of action no matter how false or harmful the accusations against him. Hollander says that even terrorists have more rights than American men accused of abuse by their alien wives.

  2. #2
    EXCELLENT !!! I would like to volunteer my services !! DEATH TO IMBRA !
    These people stop at Nothing !

    Death to IMBRA AND VAWA !

    God Bless America and no one else !!!

  3. #3
    Uhm, VAWA has been challenged before constituionally, and the claim was rejected. This will follow suit.
    "Facts are stubborn things; and whatever may be our wishes, our inclinations, or the dictates of our passion, they cannot alter the state of facts and evidence." John Adams on Defense of the boston Massacre

  4. #4
    Hi Hudson,

    What do you mean? What case are you referring to? From what I understand, the Supreme Court overturned one of the more significant underpinnings of VAWA the last time VAWA was challenged, many years ago. That Congress went ahead and dared to "renew" IMBRA with the new and more obnoxious provisions about foreign women, shows just how obnoxiously compromised guys like John McCain, Larry Craig and other married senatorial loverboys are. VAWA is now like a zombie risen from the dead but just begging to be slammed down permanently (along with federal funding for women's shelters).

    IMBRA had only one case, not two. A second case was dropped when it was clear that the young judge Thomas Rose was certifiably insane (he said "the Supreme Court has never held that there is a fundamental liberty interest in an American contacting a foreigner" and he was going to peer into the private records of dating companies looking to see who met whom). The only IMBRA case officially won by the feminists was when Judge Clarence Cooper said "Meeting someone online is like buying a gun, both should require background checks".

    Cooper was overturned within the past two months on a similar case where he was also clearly legislating from the bench.

    My advice to any feminist who wants to keep federal funding for women's shelters and other fronts for such ideological to recommend that this NYC judge strike down the provisions in Hollander's complaint and also recommend that IMBRA be quietly put to sleep.

    The book 1984 predicted a future government that would interfere in the relationships between men and women. Winston's private words to the government were "disclosed" to Julia in order to successfully get Julia to break up with Winston on her own accord.

  5. #5
    Welcome VeteransAbroad; VA has come up with a solution to the scamsters and frauds (American women) and with dealing with the US Govt; he moved overseas ! I sill be joining him soon I think.
    These people stop at Nothing !

    Death to IMBRA AND VAWA !

    God Bless America and no one else !!!

  6. #6
    I would be living abroad as well if it wasn't for my son. Lived abroad for over a year and loved the freedom of working less and living more. Incorporation with generous fringe benefits and a minimal salary has the same effect as living abroad. At this point, I'll never be able to "officially" recover financially. Recovery by proxy is my current plan. There should be laws to protect assets and credit when a spouse is arrested under false pretences.

    Maybe we should start buying property outside the U.S. and build a prestigious gated community in some 3rd world country for VAWA expats and victims of American family law. We can build our own little community and eventually secede from the nation like Kosovo from Serbia. It would have to be some weak country without a military or a weak military. Costa Rica or Guyana would do. No poison Koolaide please! We would have to hire someone to paint over the "Yankee Go Home" graffiti though.

  7. #7
    Uhm, VAWA has been challenged before constituionally, and the claim was rejected. This will follow suit.
    Just because the claim was rejected doesn't mean certain portions of VAWA are not unconstitutional. VAWA is clearly unconstitutional.

  8. #8
    Originally posted by SeanPatrick:
    There should be laws to protect assets and credit when a spouse is arrested under false pretences.

    Maybe we should start buying property outside the U.S. and build a prestigious gated community in some 3rd world country for VAWA expats and victims of American family law.
    You might be on to something there. Tell me did VAWA specifically apply to "women" ? Or could say a male spouse of a US Citizen claim the same thing?
    "Being all fashioned of the self-same dust let us be merciful as well as just"
    Henry Wadsworth Longfellow

  9. #9
    Originally posted by iperson:
    Lol, that explains Sean Patricks' personal vendetta against Hillary Clinton. She represents the strong women he despises.
    Did your wife "take care" of you properly? I hope she whipped your sorry well.
    I'd vote for a strong woman president, but definitely not for Hillary. Maybe someone like Condaleeza Rice who has more than a half a brain. Hillary is a liar, a thief and a condescending butch that tolerates her husband's infidelity. Do you like cigars too iperson?

    Why not join Hillary's campaign and work as an intern? You can do "Mineta" with Hillary and "Robić loda" with Bill.

    Obama is the only ideal candidate for president. Hillary's campaign will be dead in a few more weeks.

  10. #10
    I adore American women and I would date them more if they only hung around Europe more often and stayed in 3-5 star hotels instead of hostels. When I left the US, I knew nothing about VAWA or any feminist power base in Washington. In fact, I assumed in 2004 that the Republican Party was the bulwark against feminism and that even the Democratic Party was safe from the influence of the radical fems because I assumed that Ted Kennedy and his nephews wanted to continue having fun with interns, etc.

    IMBRA shocked came out of nowhere...especially because it reached across jurisdictional lines to cause an effect worse than in the book 1984 where a hypothetical government of the future interfered with the relationship of Winston and Julia by "disclosing" certain information to Julia "for her own good".

    As for Hillary...iperson was clearly making a joke. Hillary's campaign is almost over. Obama will be the nominee.

    And "strong women" don't cry publicly in order to boost their poll numbers.

    However, Obama is owned by the feminists who have a lot over him and don't hesitate to make threats explicit. Then again, McCain is in the same position.

    We will be lucky to get honest judges who will not bow to extreme pressure on this.

    Has everyone read the details of the Hollander complaint vs Homeland Security on VAWA?

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