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Results 1 to 6 of 6

Thread: The Supreme Court has spoken!

  1. #1
    time illegal resident loses in Supreme Court ruling

    WASHINGTON - The Supreme Court on Thursday dealt a blow to some longtime illegal residents, upholding the deportation of a Mexican man who lived in the United States for 20 years. By an 8-1 vote, justices said that Humberto Fernandez-Vargas, who was deported several times from the 1970s to 1981, is subject to a 1996 law Congress passed to streamline the legal process for expelling aliens who have been deported at least once before and returned.

    After his last deportation in 1981, Fernandez-Vargas returned to the United States, fathered a child, started a trucking company in Utah and eventually married his longtime companion, a U.S. citizen.

    But by the time he applied for legal status _ after his marriage in 2001 _ Congress had passed the Illegal Immigration and Immigrant Responsibility Act, which revoked the right to appeal to an immigration judge an order of removal.

    Fernandez-Vargas was sent back to Mexico in 2004, and wanted to return to his family in the United States.

    He argued that the 1996 law should not be applied to him because he last entered America more than a decade before Congress passed the statute.

    "Fernandez-Vargas continued to violate the law by remaining in this country day after day and ... the United States was entitled to bring that continuing violation to an end," Justice David Souter wrote in the decision.

    It was unclear how broad of an impact the ruling would have.

    Souter said that unlawful immigrants like Fernandez-Vargas should have known about the 1996 law and taken "advantage of a grace period."


    (Excerpt) Read more at dailybulletin.com ...

    **********************************************

    IT JUST KEEPS GETTING BETTER !!!!!!!!!!!!!!!!

  2. #2
    time illegal resident loses in Supreme Court ruling

    WASHINGTON - The Supreme Court on Thursday dealt a blow to some longtime illegal residents, upholding the deportation of a Mexican man who lived in the United States for 20 years. By an 8-1 vote, justices said that Humberto Fernandez-Vargas, who was deported several times from the 1970s to 1981, is subject to a 1996 law Congress passed to streamline the legal process for expelling aliens who have been deported at least once before and returned.

    After his last deportation in 1981, Fernandez-Vargas returned to the United States, fathered a child, started a trucking company in Utah and eventually married his longtime companion, a U.S. citizen.

    But by the time he applied for legal status _ after his marriage in 2001 _ Congress had passed the Illegal Immigration and Immigrant Responsibility Act, which revoked the right to appeal to an immigration judge an order of removal.

    Fernandez-Vargas was sent back to Mexico in 2004, and wanted to return to his family in the United States.

    He argued that the 1996 law should not be applied to him because he last entered America more than a decade before Congress passed the statute.

    "Fernandez-Vargas continued to violate the law by remaining in this country day after day and ... the United States was entitled to bring that continuing violation to an end," Justice David Souter wrote in the decision.

    It was unclear how broad of an impact the ruling would have.

    Souter said that unlawful immigrants like Fernandez-Vargas should have known about the 1996 law and taken "advantage of a grace period."


    (Excerpt) Read more at dailybulletin.com ...

    **********************************************

    IT JUST KEEPS GETTING BETTER !!!!!!!!!!!!!!!!

  3. #3
    This is actually clarification on the opinions of many courts. The opinion is not big news, actually most circuit courts have ruled accordingly in many, many cases. I would tend to agree with the opinion of the courts, illegal re-entry after deportation is a very severe offense, specially when you consider that the law provides a waiver for immediate relatives to be rejoined with loved ones in the U.S.
    Grace periods are offered usually when a new stature is to be applied, these "warning periods" serve to provide a window of opportunity to all those who are affected by the new regulations.
    This opinion is not the product some new "let's get tough" policy, it's just the final ratification of a long standing view on reinstatements.

  4. #4
    Houston is right, SC ruling is nothing new but simply an affirmation of long standing Court rulings.

    Who was the lone Justice who voted against the ruling?

  5. #5
    Yes but the Supreme Court has been know to throw a few curve *****. Affirmative Action is still alive and well when they had a chance to change it. Also, in a more recent case they agreed with Eminent Domain which means big companies can come in and take your private property to build on without your consent.,so, I'm a bit nervous when they are ruling on cases I'm watching. Sorry, my browser couldn't reopen the site..don't know who the hold out was.

  6. #6
    Don't get nervous.
    In fact 8-1 ruling is very strong indication that the decision wasn't controversial or difficult to reach at all.

    I am just curious what was the reson one out of nine Justices voted against ruling?

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