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Started By
Message
re: Convicted Drunk Driver, Previously-Deported Illegal Be Set Free, Allowed to Stay in U.S
Posted on 4/4/18 at 10:26 am to HeyHeyHogsAllTheWay
Posted on 4/4/18 at 10:26 am to HeyHeyHogsAllTheWay
quote:
I thought you idiots didn't want judges making laws from the bench............ oh wait...
Making laws? The judge made a decision based on an existing bad law. Ther judge could have just as easily ruled the other way, that's also in the article.
quote:
the judge was convinced he Carrillo has more than a 50-50 chance of being persecuted,
Where in the article does it state that the judge was forced to allow the man to stay in the country illegally?
This post was edited on 4/4/18 at 10:32 am
Posted on 4/4/18 at 10:27 am to Revelator
Can we send the judge to Mexico?
Posted on 4/4/18 at 10:40 am to HeyHeyHogsAllTheWay
Colonel my arse
Posted on 4/4/18 at 10:41 am to HeyHeyHogsAllTheWay
quote:
if they convince a judge that is at least a 50% chance of happening, they can stay here legally.
That is the issue....this guy is a felon and this fricktard judge agreed with him. If the immigrant was serious about his status he wouldn't be out committing crimes.
Posted on 4/4/18 at 10:48 am to 14&Counting
I'd like to hear the arguments that persuaded the judget that the 50% threshold had been met.
Posted on 4/4/18 at 10:49 am to starsandstripes
quote:
I'd like to hear the arguments that persuaded the judget that the 50% threshold had been met.
I'm thinking that the lawyer only reached the 49% threshold and the judge simply gave him the other 1%!
Posted on 4/4/18 at 10:49 am to Revelator
quote:
Making laws? The judge made a decision based on an existing bad law. Ther judge could have just as easily ruled the other way, that's also in the article.
That's exactly what I said. The law needs to be changed. No one cares if a felon is returned to his home and persecuted.
Posted on 4/4/18 at 10:55 am to Jorts R Us
quote:
This is at the judge’s discretion. It’s not a requirement he issue a withholding of removal order.
ETA: Eh sounds like it’s not so discretionary.
Mandatory for signatories of some 1951 Refugee Convention. HOWEVER, prior criminal activity should have been enough of a statutory bar to not grant the order so not sure what this judge was doing.
If interested
I just read that whole article and nowhere in it did it say that criminal activity is a bar to a withdrawal of removal order, because it isn't, even though it should be.
Interesting though , if you read that although the government can now not return this guy to his home country, they can send him to another country that is willing to take him. Send his arse to Afghanistan.
Posted on 4/4/18 at 11:02 am to HeyHeyHogsAllTheWay
From the article.
Not sure why the DUI wasn’t enough to not grant the withholding order.
quote:
Like asylum, however, there are certain statutory bars against receipt based on prior criminal activity or persecution of other individuals.
Not sure why the DUI wasn’t enough to not grant the withholding order.
This post was edited on 4/4/18 at 11:05 am
Posted on 4/4/18 at 11:03 am to TigerB8
quote:
If he was a white dude, he gets thrown in jail and prosecuted to the fullest extent. Judicial racism
I know white people with 3 or more DUIs who haven't served a day in prison. Try again.
Posted on 4/4/18 at 11:04 am to Jorts R Us
quote:
Except we are bound by treaty/convention not statute and there was an out that the judge paid no mind to.
The only "out" was did the judge believe the guy would be persecuted? Maybe the judge is dishonest and didn't believe he would be but ruled that way so he could stay, but I prefer to believe not.
Posted on 4/4/18 at 11:06 am to HeyHeyHogsAllTheWay
I just edited. I think the out was the prior criminal activity.
Posted on 4/4/18 at 11:07 am to Jorts R Us
quote:
I just edited. I think the out was the prior criminal activity.
I didn't see that anywhere in the law, I went back and reread to make sure. That's what I originally said on page 1, if you want to be eligible for things like this you should at least be required to be law abiding . A DUI should disqualify you, but as far as I can tell right now that is not the law.
Posted on 4/4/18 at 11:12 am to Powerman
quote:
I know white people with 3 or more DUIs who haven't served a day in prison. Try again.
What States are these evil white people in?
Posted on 4/4/18 at 11:14 am to Jorts R Us
quote:
Like asylum, however, there are certain statutory bars against receipt based on prior criminal activity or persecution of other individuals.
I didn't see this part, thanks for pointing it out. WOuld need more information, but good to know that at least this part is in the law. Seems as though a DUI doesn't qualify as disqualifying criminal behavior...
Posted on 4/4/18 at 11:18 am to Revelator
I wouldnt care about Californias lax immigration policies if all the illegals stayed there. The problem is now this guy is free to go to a different state. We are gonna have to start putting damn immigration checkpoints at the California border
Posted on 4/4/18 at 11:23 am to bamafan1001
quote:
The problem is now this guy is free to go to a different state
No he isn't. Based on the withholding of removal order given he is by law not allowed to freely travel around the country.
Withholding of removal does not give an individual the possibility of travel.
obviously that doesn't mean he can't travel, noway to stop that, but if caught he's deported.
Posted on 4/4/18 at 11:53 am to Jake_LaMotta
quote:
What States are these evil white people in?
California and Louisiana
Posted on 4/4/18 at 12:23 pm to Powerman
If you live in LA and don't know people with 2 or more DUIs then you probably don't have too many friends.
Posted on 4/4/18 at 12:33 pm to HeyHeyHogsAllTheWay
quote:
No he isn't. Based on the withholding of removal order given he is by law not allowed to freely travel around the country.
Hes not free to be in the damn country in the first place!
quote:
obviously that doesn't mean he can't travel, noway to stop that, but if caught he's deported.
No shite, kind of my point
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