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re: It seems Mamoud khalil will likely win his immigration court hearing.

Posted on 4/11/25 at 3:39 pm to
Posted by lionward2014
New Orleans
Member since Jul 2015
14055 posts
Posted on 4/11/25 at 3:39 pm to
quote:

Jurisdiction? New Jersey? Louisiana? D.C.? Judicial vs Executive authority by Law?

The SOS has extremely broad authority here.


You are struggling. EOIR is under DOJ. ICE is under DHS. SOS is under DOS. DOJ, DHS, and DOS are all under the Executive. Literally everything to do with this case is under the Executive. They all seem to think there is no jurisdiction issue, mainly because there isn't. The stripping of LPR status requires a finding by an immigration judge in like 99% of cases.
Posted by Pandy Fackler
Member since Jun 2018
21114 posts
Posted on 4/11/25 at 3:41 pm to
quote:

quote:
It seems Mamoud khalil will likely win his immigration court hearing.
Exactly how likely does it seem, Pandy?


Well based on what the judge was asking for, it seemed he would win. I've got no great investment in all this man. It's just a fascinating political story and something interesting to chew on.
Posted by Riverside
Member since Jul 2022
10721 posts
Posted on 4/11/25 at 3:41 pm to
If only you had the same concern for the American jewish students who have been terrorized on college campuses by this rabble rousing foreigner.
Posted by NC_Tigah
Make Orwell Fiction Again
Member since Sep 2003
138916 posts
Posted on 4/11/25 at 3:42 pm to
quote:

I don't believe this guy has done anything that rises to the level of deportation.
Then either you don't understand what that 'level' is in Khalil's case, or your inherent bias prevents you from seeing it.
Posted by Ingeniero
Baton Rouge
Member since Dec 2013
23018 posts
Posted on 4/11/25 at 3:42 pm to
quote:

Pandy Fackler


I do think the judge in this case made a prudent point:

quote:

Judge Jamee Comans ruled that Rubio’s determination was “presumptive and sufficient evidence” and that she had no power to rule on concerns over free speech.

“There is no indication that Congress contemplated an immigration judge or even the attorney general overruling the secretary of state on matters of foreign policy,” Comans said


I've been saying that the statute pretty much comes down to "who decides if the secretary of state's reasoning is enough?" and I don't think a district court immigration judge is the person to decide that. I expect this to run all the way to SCOTUS before we get that answer.
Posted by Goforit
Member since Apr 2019
8762 posts
Posted on 4/11/25 at 3:42 pm to
HE GONE>>>>>>>>>
Posted by TigerCoon
Member since Nov 2005
22475 posts
Posted on 4/11/25 at 3:42 pm to
you mad? I think you mad.
Posted by Pandy Fackler
Member since Jun 2018
21114 posts
Posted on 4/11/25 at 3:43 pm to
quote:

quote:
a legal permanent U.S. resident
no he's not you fricking moron he has a green card.


Mamoud khalil is/was a permanent US resident. You have to have a green card to be a permanent US resident.

You don't have to take my word for this man.
Posted by Pandy Fackler
Member since Jun 2018
21114 posts
Posted on 4/11/25 at 3:46 pm to
quote:

I've been saying that the statute pretty much comes down to "who decides if the secretary of state's reasoning is enough?" and I don't think a district court immigration judge is the person to decide that. I expect this to run all the way to SCOTUS before we get that answer.


Well then you were right about that.
Posted by HailHailtoMichigan!
Mission Viejo, CA
Member since Mar 2012
74179 posts
Posted on 4/11/25 at 3:46 pm to
He just got his removal approved

He gone
Posted by Pandy Fackler
Member since Jun 2018
21114 posts
Posted on 4/11/25 at 3:47 pm to
quote:

you mad? I think you mad.


I'm not mad, but it is disappointing. Hopefully he wins out.
Posted by loogaroo
Welsh
Member since Dec 2005
42364 posts
Posted on 4/11/25 at 3:49 pm to
quote:

Hopefully he wins out.


Why?
Posted by NC_Tigah
Make Orwell Fiction Again
Member since Sep 2003
138916 posts
Posted on 4/11/25 at 3:49 pm to
quote:

Well based on what the judge was asking for
Eventually we may get to see Rubio's actual memo rather than what was leaked by Khalil's team.

But at some point, regardless of TDS, partisan persuasion, etc., one has to take into account the fact that folks like Rubio, Bessent, Musk, etc are pretty solid individuals. Rubio is never going to present a legal case based on some harebrained precept as was intimated by Khalil's legal team.
Posted by Pandy Fackler
Member since Jun 2018
21114 posts
Posted on 4/11/25 at 3:50 pm to
quote:

quote:
Hopefully he wins out.


Why?


Because I don’t think he deserves to be deported.
Posted by lionward2014
New Orleans
Member since Jul 2015
14055 posts
Posted on 4/11/25 at 3:50 pm to
quote:

I do think the judge in this case made a prudent point:

quote:
Judge Jamee Comans ruled that Rubio’s determination was “presumptive and sufficient evidence” and that she had no power to rule on concerns over free speech.

“There is no indication that Congress contemplated an immigration judge or even the attorney general overruling the secretary of state on matters of foreign policy,” Comans said


It's because Comans is a solid judge. I've seen her tell DHS they are a bunch of idiots when they were arguing stupid things, and likewise I've seen her shut down stupid defense attorney arguments. She was DHS for a long time before becoming the ACIJ.

The question becomes does he have a viable form of relief. I don't think he has the 7 years for 42A Cancellation, and not sure he can readjust now. I hadn't read the statute since the first time this came up, but think he is inadmissible now. He could attempt to apply for Withholding of Removal but that is a nearly impossible feat given his facts.

The BIA is not overturning Comans. The 5th is great for due process, but they are not stepping into a seperation of powers argument here. This is going to SCOTUS.
Posted by Ingeniero
Baton Rouge
Member since Dec 2013
23018 posts
Posted on 4/11/25 at 3:51 pm to
I don't know how it ends for this Khalil dude but I am concerned for future abuses of this statute if it plays out to where the SoS has final say on what constitutes evidence of foreign policy interference. All it takes is a far left SoS and we could see our based Cubans deported for speaking out against communism, conservative Catholic seminarians removed for attending the March for Life, etc. I'll be keeping up with the appeals to see where this leads
Posted by Pandy Fackler
Member since Jun 2018
21114 posts
Posted on 4/11/25 at 3:54 pm to
quote:

I don't know how it ends for this Khalil dude but I am concerned for future abuses of this statute if it plays out to where the SoS has final say on what constitutes evidence of foreign policy interference. All it takes is a far left SoS and we could see our based Cubans deported for speaking out against communism, conservative Catholic seminarians removed for attending the March for Life, etc. I'll be keeping up with the appeals to see where this leads


I agree with you. This isn't good. I don't give one single shite about Gaza and its goings on, but I do care about this profound influence Israel has over our political system.
Posted by Riverside
Member since Jul 2022
10721 posts
Posted on 4/11/25 at 3:54 pm to
Prior democrat presidents have removed Cuban children at gun point and sent them back, so it would not be anything new.
Posted by IvoryBillMatt
Member since Mar 2020
10132 posts
Posted on 4/11/25 at 3:56 pm to
quote:

Eventually we may get to see Rubio's actual memo rather than what was leaked by Khalil's team.


THIS I can guarantee never happens. I think Rubio is doing a great job, and agree that he has the unreviewable power to revoke visas and green cards as long as he declares "threat to foreign policy interests."

In this particular case, however, I doubt everything was done by the book. For instance, are we to believe that Rubio had revoked Khalil's green card before Khalil was arrested?

The ICE officers didn't even know he had a green card. They told him "your student visa has been revoked." When informed that he had a green card, they said "we're revoking that too."
This post was edited on 4/11/25 at 3:58 pm
Posted by Riverside
Member since Jul 2022
10721 posts
Posted on 4/11/25 at 3:58 pm to
Khalil was a cancer. He has been inciting civil unrest across the country. You do what you have to do to keep that cancer from spreading.
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