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1
Posted on 4/8/25 at 9:58 am to LSUbest
Posted on 4/8/25 at 9:59 am to LSUbest
Posted on 4/8/25 at 10:00 am to SlowFlowPro
quote:
shall not"
Doesn't apply to illegal aliens.
Posted on 4/8/25 at 10:09 am to BigPerm30
quote:quote:
Roberts and Boesburg are friends.
Diddy parties or Epstein island?
Posted on 4/8/25 at 10:12 am to SlowFlowPro
quote:
I am right. A literal quote from the opinion yesterday
quote:
“It is well established that the Fifth Amendment entitles aliens to due process of law” in the context of removal proceedings.
This will hopefully stimulate discussion and testing of the term to more narrowly define “aliens” protected by the Fifth Amendment to include only those within our borders by lawful narrowly defined statutes/standards for lawfully recognized purposes and exclude those here unlawfully and for purposes unknown or unlawful.
The opinion also made clear the proper venue for unlawful aliens held in Texas to press their case was Texas, not DC. This should establish precedent removing unwarranted interference by District Courts imposing themselves in similar future situations outside their venues.
Posted on 4/8/25 at 10:20 am to UptownJoeBrown
quote:
Oh please please have SCOTUS come down hard on him. I would if I was Chief Justice.
Our Chief Justice is compromised, wholly corrupt and unreliable. This most recent ruling he made was an aberration when juxtaposed again his last 5 years of history.
Posted on 4/8/25 at 10:36 am to Mr. Misanthrope
quote:
This will hopefully stimulate discussion and testing of the term to more narrowly define “aliens” protected by the Fifth Amendment to include only those within our borders by lawful narrowly defined statutes/standards for lawfully recognized purposes and exclude those here unlawfully and for purposes unknown or unlawful.
There isn't a discussion, currently, as the law applies to people here illegally.
quote:
This should establish precedent removing unwarranted interference by District Courts imposing themselves in similar future situations outside their venues.
Only for habeas petitions.
Posted on 4/8/25 at 10:47 am to SlowFlowPro
So if I understand this right the people that were already sent to El Salvador have to file habeas petitions in DC? What are the chances they stay in Boasberg’s court?
Posted on 4/8/25 at 11:40 am to Mr. Misanthrope
quote:
This will hopefully stimulate discussion and testing of the term to more narrowly define “aliens” protected by the Fifth Amendment to include only those within our borders by lawful narrowly defined statutes/standards for lawfully recognized purposes and exclude those here unlawfully and for purposes unknown or unlawful.
This is an over used maxim, but if illegal aliens have no due process rights, then no one has due process rights.
All law enforcement would have to do is claim a citizen was an illegal alien, and that citizen would have no right to due process to prove he was a citizen.
I'm not saying anything like that happened in this case, but that's what some of you seem to be in favor of facilitating. All of a sudden we trust ICE to identify the bad guys and deport them with no oversight?
Give the scumbags notice and an opportunity to be heard. Maybe it's a case of mistaken identity. Maybe the MS-13 member can argue he is still entitled to the non removal status he was granted. They might all lose their cases, but at least they get a chance.
And at some point there will be full arguments and a decision on whether the AEA is being applied correctly
Posted on 4/8/25 at 11:43 am to Decatur
I hope. It only makes the Dems side with the wrong side.
And it still won't be honored by this current administration.
They're gone
And it still won't be honored by this current administration.
They're gone
This post was edited on 4/8/25 at 11:45 am
Posted on 4/8/25 at 11:45 am to SlowFlowPro
quote:
I only care about my argument being proven right (which it was)
Okay airhead how was your argument proven right? I am sure you were all in on the rogue judges saying Trump couldn't use the Enemies act against criminal illegal aliens. Seems Scotus just said you and Bozoberg are both clowns.
Posted on 4/8/25 at 11:47 am to LawTalkingGuy
quote:
All law enforcement would have to do is claim a citizen was an illegal alien, and that citizen would have no right to due process to prove he was a citizen.
I'm not saying anything like that happened in this case, but that's what some of you seem to be in favor of facilitating. All of a sudden we trust ICE to identify the bad guys and deport them with no oversight?
I say this again, if someone is here legally it would be very simple to prove it. If someone is here illegally, they can't prove it.
Why would this require a "legal proceeding "??
Why waste any more time or money on illegals?
If I was detained, I could produce my drivers license, my TWIC card, my birth certificate, etc.
Posted on 4/8/25 at 11:48 am to LawTalkingGuy
So as your acting moron act you feel criminal illegal aliens have the same rights as legal law abiding citizens? And if they don't none of us have rights? You do know that if you are a legal citizen all that has to be done is run your drivers license number just like any cop can do and your citizenship is obvious. In my opinion that is due process.
Posted on 4/8/25 at 11:54 am to tigerpimpbot
quote:
Boasberg is a count.
Same Judge who Sentenced Clinesmith
Former FBI attorney Kevin Clinesmith, 38, pleaded guilty today in the U.S. District Court for the District of Columbia to a false statement offense stemming from his altering of an email in connection with the submission of a Foreign Intelligence Surveillance Act (“FISA”) application, announced John H. Durham, Special Attorney to the Attorney General.
Clinesmith pleaded guilty to one count of making a false statement within both the jurisdiction of the executive branch and judicial branch of the U.S. government, an offense that carries a maximum term of imprisonment of five years and a fine of up to $250,000. Judge Boasberg scheduled sentencing for December 10, 2020.
What did the Judge give him for the false FISA application?
Former FBI attorney Kevin Clinesmith, 38, received the sentence of 12 months probation and 400 hours community service from U.S. District Court Judge James Boasberg Friday during a video hearing.
Posted on 4/8/25 at 12:21 pm to lake chuck fan
quote:
If I was detained, I could produce my drivers license, my TWIC card, my birth certificate, etc.
Great. Who would you show those documents to? If LEO was already lying about your citizenship status, they would just shred those up and ignore them.
You need a third party with oversight to look at your documents, agree they are valid, and order your release. Someone like....I don't know, maybe a Judge, who holds a hearing for you. You know, a legal proceeding.
I'm not saying we give these scumbags months to hold an entire jury trial over their case. Just simple due process rights to ensure the law is being followed.
It really is a precious human right, that we should be proud our nation recognizes.
Posted on 4/8/25 at 12:32 pm to RedHog260
quote:
In my opinion that is due process.
And your opinion is legally wrong. You are trusting LEO to correctly identify you as a citizen. In my post, I already said they could just claim you were an illegal alien...if they were putposefully doing that to you why would they bother checking on your status?
But, I wasn't trying to make it personal....feel free to take the "that would never happen to me" approach.
What about people in different situations...naturalized citizens, US born children of legal immigrants, and they like. Mistakes can be made, and their name could be the same as some MS13 member or something. They shouldn't be deported without due process just because LEO "thinks" they are an illegal alien.
Posted on 4/8/25 at 12:38 pm to RedHog260
quote:
I am sure you were all in on the rogue judges saying Trump couldn't use the Enemies act against criminal illegal aliens. Seems Scotus just said you and Bozoberg are both clowns.
SCOTUS expressly declined to rule on the use of AEA, other than to say the proper way to challenge its application is through a Habeas Corpus petition.
Posted on 4/8/25 at 2:42 pm to Mr. Misanthrope
quote:
This will hopefully stimulate discussion and testing of the term to more narrowly define “aliens” protected by the Fifth Amendment to include only those within our borders by lawful narrowly defined statutes/standards for lawfully recognized purposes and exclude those here unlawfully and for purposes unknown or unlawful.
There are too many cases over too many years allowing certain rights to be applied to human beings on our soil.
Basically 4-8 apply - not sure that will ever change
Posted on 4/8/25 at 3:32 pm to dafif
What is interesting is whether the Admin will obey the SCOTUS’s order that they have to give the detainees notice of removal in a timely manner to challenge the removal in the proper venue.
This is essentially a punt on the real issue and maybe an out for everyone involved.
This will eventually lead to another challenge down the road.
This is essentially a punt on the real issue and maybe an out for everyone involved.
This will eventually lead to another challenge down the road.
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