The Supreme Court steps in to help illegal alien visa overstayers
Whether Obama or McCain becomes president, I think we can look forward to more of this open-borders activism on the Supreme Court. La Raza, the ACLU, and AILA are high-fiving each other today over the ruling in Dada v. Mukasey (opinion here):
The court ruled 5-4 Monday that someone who is here illegally may withdraw his [voluntary] agreement to depart and continue to try to get approval to remain in the United States.
…Samson Dada, a Nigerian citizen, stayed beyond the expiration of his tourist visa in 1998. He married an American the following year and soon began trying to obtain a visa as an immediate relative of a citizen. But Dada and his wife apparently failed to submit some documents, causing immigration officials to deny the visa.
Dada has been trying again to obtain the visa, but immigration authorities meanwhile have ordered him to leave the country.
He agreed to leave voluntarily, which would allow him to try sooner to re-enter the country legally than if he had been deported.
The marriage, you’ll not be surprised to learn, was a sham.
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Categories: Immigration, Supreme Court
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What a bunch of Mellon Heads
With each ruling I grow more nervous in regards to the handgun ban.
Intersting… so now a voluntary agreement is not a contract? And one party can disregard said contract at their whim??
Wow…
Laws… we don’t need no stinkin’ laws, especially if some activist judge can arbitrarily circumvent them anyway. Seriously, just do away with laws altogether… we’ll be just one big happy family.
*rolls eyes*
We shouldn’t worry about losing our guns just yet. Certain protected groups still want and need guns: terrorists and illegals.
Yeah, me too… can you imagine what will happen if the Supremes say Gitmo guys get full Civil rights, but the Second does not give us the right to have guns….
Wow… just wow…
Wow, a Nigerian scammer, and its not even a 419′er..or is it? LOL
Send him home. The sham marriage partner should be punished for attempting to help the fool lie his way in, if they did so knowingly.
send all the illegals home, and purge these blights from our midst.
No?! I’m shocked, I tell you! Shocked?
Gaaahhh!! My head just exploded… So this guy created a fake marriage to circumvent our laws, then agreed to leave so he could try to do it the right way, then changed his mind. And that’s OKAY??
I simply cannot understand why liberal judges can continue to interpret anything in any way they want. It makes me crazy.
And yes, I too am worried about the 2nd amendment ruling.
They want open borders because American women won’t have babies. Their welfare state MUST be paid for. However, just as with “man-made global warming”, and corn instead of oil, there will be no public debate because we are stupid, they are smart, they rule, we submit. Get it?
Founders’ intent –Supreme Court–the lesser power of the three branches…
least power… answerable to the other two (executive-congress)…
If Heller wins and we get the DC ban removed, I believe increasingly it will be done because the Pink Pistols – a gay pro-gun group -also filed an amicus curiae along with that of the NRA and GOA.
If it were the NRA and GOA alone …I dunno…
At their current rate of Behaviour I can think of 5 justices that are in need of impeachment and should be removed from the court. Thomas Jefferson was right in fearing the judiciary and their actions in destroying our liberties. Rights for terrorists and illegal invaders! What the hell ever happened to the rights and liberties of the average legal citizen?
Does the recent Gitmo case mean that the heirs of Hitler, Himmler, Goering, Goebbels, and Hoess can now file suit for unlawful detainment against the US government and seek damages?
I mean we failed to treat any of them “humanely” by their standard and Himmler and Goering died under suspicious circumstances while in our custody! And who can prove some soldier didn’t flush a copy of “Mein Kampf” down a toilet long ago?
Will the US now forced to fill the coffers of Nazis as well as Islamofascists who will sue under this new ruling?
Is there any group of people these 5 SCOTUS idiots actually want to protect us from besides Dobson, Graham?
5/4 for the terrorists as well. If we ever needed 4 [in]justices to go away, I think we know who they are.
As is the Supreme Court.
.
Surely there is nothing in our constitution that justifies this action by the supreme court. These justices (and I use the term loosely) are out of control and should be knocked down from their ivory tower. People…do we really want supercilious, nutty, liberal lawyers running this country?????
Just what America needs. Another criminal Nigerian.
Thanks, Liberals.
Ignore the “supreme court”
If this wasn’t so sad, I would be laughing but this is pathetic.
Sixty-percent (60%) of voters believe Supreme Court Justices have their own political agendas, while just 23% believe they remain impartial, according to the latest Rasmussen Reports national telephone survey.
Those sentiments are similar along all party lines and among voters of varying ideological beliefs. More men (66%) than women (54%) believe Justices have their own political agendas. While 25% of women believe the justices to be impartial, only 20% of men agree.
The fate of the Supreme Court has been a hot issue among the presidential candidates over the past week. Barack Obama has suggested that John McCain will appoint conservative judges that would likely overturn Roe v. Wade. He also stressed that lower courts will be influenced by who is elected president and can make the country “a little more fair or a little less fair.”
John McCain also slammed the Supreme Court for its decision to allow Guantanamo Bay detainees to challenge their sentences in U.S. court. McCain fears this decision will threaten the security of the country by allowing the courts to be “flooded with habeas corpus suits against the government.”
A separate survey conducted in May found that most Republicans see judicial appointments as more important than the War in Iraq in terms of how they will vote in November.
The Rasmussen survey found that most voters (54%) believe the Supreme Court should base its decisions on what is written in the constitution and legal precedent, rather than on the judge’s concept of fairness and justice. Thirty-seven percent (37%) take the opposite view. There are distinct differences between men and women on this question. Men strongly favor following the Constitution and precedent while women are fairly evenly divided.
In terms of actual practice, less than half of adults (46%) say the Supreme Court bases its decisions on what is written in the Constitution. Twenty-seven percent (27%) disagree and believe the Justices base their decision making on perceptions of fairness and justice.
The survey also found that ratings of the Supreme Court have gotten worse over the past month. Under a third of voters (31%) give the Supreme Court good or excellent ratings; that percentage is down from 41% last month. A fifth of voters (21%) say the Supreme Court is doing a poor job. Ratings have ranged from a high of 43% to a low of 31% since November.
In terms of how they will vote this year, 54% consider potential Supreme Court appointments to be very important, while 32% see it as somewhat important.
Yes we must continue to get emails about how we’ve just won a lottery, and all we ned to do to get it is just hand over our life savings-courtesy of this decision!
The courts legalize criminal activity!
ooohhh what a concept!
He just seems to be in the wrong place at the wrong time, every time. What, praytell, does he think will happen should he close down Gitmo as he has proposed? Where will these terrorists be held and tried?
If the Supreme Court can wantonly disregard the Constitution and legal precedence, what is there to prevent the President (or rather a future President) from ‘reinterpreting’ the authority of the Executive Branch and suspending the Supreme Court?
Lincoln, who most think of as the Greatest US President, suspended Habeus Corpus with an executive order, even in states which were not in rebellion.
The Supreme Court ordered a US citizen to be brought before the court, and Lincoln and the Army ignored it.
Its basicly already been done.
The link again to sign the Impeachment of the SCOTUS FIVE. <—click!
more and more, it pays to be out of country.. the citizens seem to be getting the raw end of the deal..
insert your own joke here… that’s all I’m saying
Maybe we should set up a day labor office for illegals in the neighborhoods where these idiots live.
Let them see what the rest of us put up with when it comes to illegals.
Then again, has anyone looked into who these people hire to maintain their neatly manicured lawns?
It’s hard NOT to say, “I’m losing the country I love and I’ll fight to get it back” without sounding like a right wing nut, but , damn it, I’m angry and I don’t care anymore what I’m called.
While THE scotus IS giving terrorists rights, I may lose my right the bear arms and my Bible.
COME AND GET THEM YOU LIBERAL 5, I DARE YOU!
The president and congress should ignore the supreme court on this decision and the one last week on habeus corpus. The supreme fascists don’t have the power to interepret the constitution, they are not the final word. and we need someone like Andrew Jackson to take the dictatorial power away from the court.
but we won’t get it. and the conversion of the USA to the USSA (united socialist states of america) continues…
I forget where I orginally heard it, but someone said, “I’ll believe the Constitution is a living, breathing document when it gets up and walks around the room.”
Well thanks to these 5 eggheads, the Constitution has not only got up and walked around, it boarded a one way Crazy Train out of Sanityville to Nuttytown.
The left wingers keep throwing in “rights” in the Constitution that were never written there, yet vehemently deny that the right to bear arms, which is written there plain as day, doesn’t exist.
I don’t know how you can get by when you ignore words that are right in front of you.
They deny that the right to bear arms does exist. That’s what I meant to say.
My head just exploded too, like Lan’s….
I may give up US citizenship and become an illegal immigrant.
No jury duty, no taxes, no responsibility, collect welfare, steal, kill, terrorize and enjoy the protection of the Supreme Court and the next commandant in chief (all candidates are interchangeable) at good old stalag America. All the Hollywood elites, blue-bloods, and beltway spank blankets would adore me and value my contribution.
At least I would get some respect.
As much as I miss them, I am glad my grandparents didn’t live to see this.
What a country!!!
#34 — You are so right. I often think about my grandparents and wonder what they are thinking as they look down on us now. Their generation worked so hard to give us everything, and we cannot seem to throw it away fast enough. The really bizarre thing is that some of the SCOTUS 5 (especially Stevens) are nearly from that same generation. What happened to them??
#26 — Thanks for the link to the petition. I won’t hold my breath hoping that something will come of it, but at least it feels good to add my little voice.
Well sure, but that was so she could run for President – oh wait, we’re not talking about Bill and Hillary? Never Mind…
These 5 bone headed judges can’t spell law.
Even before Lincoln, Andrew Jackson told the Court in effect, “You made your ruling, now go ahead and enforce it!” He was never cited for contempt.
So what? the Nigerian is just another one of 12 million illegal aliens. I’m so tired of this s*&%t. Let them all in, but I want the same rights in their country. I’ll move to baja…..
This isn’t Constitutional law, this is legislating from the bench.
Who will reign in these judges?
When will we get our Constitutional separation of powers back?
So nice to know that our constitution applies more to noncitizens. Let’s appease the whole world and screw our own citizens in the process. Who died and made these boneheads God?
I am afraid that when the checks and balances quit working in this country, it will be replaced by a tyranny.
Anyone remember when liberals used to laugh and laugh at conservative concerns over SCOTUS Justices like Breyer and Ginsburg including the past decisions of foreign courts into their decisions when they agreed with them?
This Court just continues to spiral downward.
When you people are ready to take action, instead of just bitchin about it call me. I’ll bring the rope.
YAHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHH!
Just had to vent a little.
Since I “voluntarily” pay my taxes, maybe I can rescind that agreement and get all my back taxes refunded.
THIS is Seinfeld’s bizarro world. And you thought it was just a TV script.
I wish they had tied Samson to the central pillar during the Supreme Court hearing.
We should keep Samson Dada and deport the Supreme Court Justices. The Court gets it’s rights and powers from the same constitution they just tore up. Let’s deport them to some headhunter tribe in the Amazon and they can discuss the evolution of constitutional law with them over dinner.
How can you expedite the departure process, by giving benefits to aliens who submit for readmission? The alien will never get deported eggheads!!!!
The new SCOTUS slogan: It’s not over until the alien wins!!!!!!!!1
This does NOT bode well for the 2nd…..
Since, I am already “waiting in line” with USCIS, I know exactly what documents Dada and wife failed to submit.
Dada had nada…
The next generation will live either under a marxist/socialist or an islamic regime.They will own neither property or guns
Seems like Scalia’s dissent sums this up pretty well. He basically says it is like telling a defendant that AFTER he makes a plea bargain that he can now go back and have a trial as well. I wonder how long it will be that we see someone attempt to do this in a criminal court using this decision as a precedent.
As for that 2nd ammendment case, it is now clear that this court will have yet another 5-4 decision.
Going forward, I do expect 2 or more judges to retire next year, and I expect they will NOT be replaced for quite a while regardless of who the president is.
They only have two more weeks for the handgun ruling. Should be interesting to see.
Looks like Kennedy is gradually evolving into a liberal.
Sadly, the court will remain 5-4 liberal for many more years.
We have lost opportunity to replace a liberal judge with the conservative.
Even if McCain somehow wins in November, he can’t be trusted.
More likely, he will reach out across the isle and appoint someone unpredictable like Kennedy.
Gee and didn’t a few of the 9/11 hijackers overstay their Visa’s too?
At this rate the government is going to get sued in civil court for violating all these newly given rights and it will be the taxpayers that get stuck footing the bill as usual.
CLASSIC. Needs to be widely reprinted.
The problem here isn’t SCOTUS. The problem is that, when Congress rewrote the law in ‘96 and Clinton signed it, they allowed the idea of Voluntary Departure to remain in the law to begin with. Voluntary Departure is to Deportation what “suspended sentence” is to Criminal law. It says, yes, you are deportable but we aren’t going to do anything about it.
You see, in the modern world, deportation isn’t really the punishment. The US is no more than 12 hours by plane from almost anywhere on Earth. With a little money, anyone may obtain fake ID that is good enough for the airlines to accept. Even if they are caught by the Government at the border, the ‘96 Immigration Law requires that the US solicit an asylum request. Any positive answer to this solicitaiton will give the alien (read criminal) the opportunity to be “paroled” in to the USA. This will happen as ICE needs the bed space in the prisons it contracts. “Credible Fear” applicants (the law’s term) are not considered criminal so are eligeable for parole immediately.
Therefore, the only real punishment for an illegal alien is an Order of Deportation which creates a bar for reentry of between 5 years and life. An alien with such a bar who is found entering or attempting to enter the USA may be charged criminally with a penalty of up to 20 years in prison.
Voluntary Departure gives them a free pass.
It is legal looopholes created by politicians that make our laws weak.
With all due respect, at least in a Constitutional and common sense point of view, it is a devolving process.
When the SCOTUS degrades into a device to defy the rule of law, they have no real purpose.