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re: It seems Mamoud khalil will likely win his immigration court hearing.
Posted on 4/10/25 at 8:04 pm to FATBOY TIGER
Posted on 4/10/25 at 8:04 pm to FATBOY TIGER
quote:
Exactly what my great grandparents did after 6 months on ellis island.
Yep. Be an adult and make the best decision you ever could for your kids.
Posted on 4/10/25 at 8:08 pm to imjustafatkid
quote:
Be an adult and make the best decision you ever could for your kids.
Legally
Posted on 4/10/25 at 8:10 pm to Roaad
quote:
The laws that apply to him, yes
So.. no. Someone either has to follow laws or they do not. You say any sitting president does not have to abide by the laws of the country he leads.
Posted on 4/10/25 at 8:20 pm to Roaad
quote:
The laws that apply to him, yes
Which laws WOULDN'T apply to the President, and why wouldn't they? And do they not apply to only Trump, or do they not apply to ANY sitting president?
Posted on 4/10/25 at 8:23 pm to Pandy Fackler
depends on the judge, just like every other case in this fricked up legal system we have!
Rogue judges need to be on the list....
Rogue judges need to be on the list....
Posted on 4/10/25 at 8:44 pm to Pandy Fackler
As with anything Trump n company do, it all depends on the Judge hearing the case.
Posted on 4/10/25 at 9:25 pm to Pandy Fackler
quote:
Pandy Fackler
Q1. IF, again IF this was to happen this would make you happy?
Q2. Why? Why would this make you happy?
Posted on 4/10/25 at 10:10 pm to 4cubbies
quote:Black and white views of nuanced discussions are always so useful /sarcasm
So.. no. Someone either has to follow laws or they do not.
They are useful only for sloganeering
quote:I didn't say that, nobody is saying that.
You say any sitting president does not have to abide by the laws of the country he leads.
There are laws that do not apply to the sitting president, because of all number of reasons from executive privilege and various legal precedent, to superseding rules and laws like killing US citizens without due process (thanks Obama).
This post was edited on 4/10/25 at 10:12 pm
Posted on 4/10/25 at 10:13 pm to MemphisGuy
quote:One example: Murder of US citizens
Which laws WOULDN'T apply to the President, and why wouldn't they?
Why? NDAA
Another: Executive Privilege
Why? legal precedent
Posted on 4/11/25 at 7:07 am to 4cubbies
quote:By contrast, in accordance with the law, it looks to me like the illegitimate claim here emanates from the Judicial Branch.
And it looks like the executive branch doesn’t have a legitimate reason to deport him
Americans are groomed to accept that the Judicial Branch is automatically right in these interbranch conflicts. We have lawyers on this sight who consistently argue in that direction. E.g., Roe v Wade is sound law because the Courts say so ... until it isn't ... because the Courts say so.
Regarding interbranch disputes, the JB may well win more than they lose in such disputes due to being granted rights as sole arbiter. Self inflicted defeats in such instances obviously weaken the Judiciary relative to their "co-equal" branches. So there is obvious incentive to find in their own behalf. But accepting JB fiat as automatically correct in interbranch conflicts is unsound.
For example, there is current JB premise that a single politically/personally conflicted district judge who is specifically judge-shopped by Administrative opponents for a preordained finding has the right to shutdown entire divisions of the Executive Branch. The premise is painfully flawed, yet we accept it on the basis of JB fiat, fiat actually founded in nothing but a JB power grab. It's what one should term a Constitutional crisis created by the Judiciary.
In the Rubio case we are addressing, the law is clear. The decision to deport is a decision resting with the SOS. The Court lacks basis in inserting itself in ways it is attempting. Yet here we are debating elements of a judge's claim which is basically outside the law. It is a JB power grab which could curtail by precedent EB powers.
Rubio, by refusing cooperation, is simply rejecting the Court premise that it has rights of insertion not inherent in the law. There are well documented reasons for the SOS action in this instance. His basis for refusal to forward those is not that they don't exist. It is that the Court lacks legitimate ability to question them in the ways being attempted.
Posted on 4/11/25 at 7:49 am to NC_Tigah
quote:
His basis for refusal to forward those is not that they don't exist. It is that the Court lacks legitimate ability to question them in the ways being attempted.
That's what appellate courts are for, to hear his argument.
Otherwise, he could ultimately ignore the Supreme Court agreeing with this district court, arguing the same thing (The Supreme Court lacks legitimate ability to question them in the ways being attempted).
Courts determine the legality of executive action within the limited authority granted by Congress. Just because Congress granted the SOS some authority doesn't make it absolute authority. If this decision was outside of this limited, specific authority, then courts have full power to rule the action illegal.
See: Biden's student loan forgiveness plan, vaccine mandate, etc. Biden had the EXACT same argument (the Court lacks legitimate ability to question them in the ways being attempted) and that argument was ultimately seen to be meritless. Same analysis occurs here.
I explained this to y'all in the exact same way with the AEA, and got it's not subject to judicial review. The argument was wrong then just as it's wrong here. The USSC just backed me up on that issue.
This post was edited on 4/11/25 at 7:50 am
Posted on 4/11/25 at 7:53 am to Pandy Fackler
quote:
The length of time he's been a permanent US resident isn't really a factor in this for me.
If I was a judge I think it would play some role. It would not be dispositive by any stretch, though.
But most of these protests were donecwhile he was on a student visa. He got married, i think, this past fall.
Much like you would/might factor in his pregnant wife I would factor in that he has very little in thecway of "roots" here. He has not spent any time in the country not being part of/leading a movement that is full of anti-semitism and harrassment of Jewish students. That likely would play a role in my determination if the Secretary's decision was reasonable.
[Edit]
It is like he came here just for political reasons. And those reasons are opposed to US foreign policy interests.
This post was edited on 4/11/25 at 8:08 am
Posted on 4/11/25 at 8:05 am to duckblind56
quote:
Q1. IF, again IF this was to happen this would make you happy?
Q2. Why? Why would this make you happy?
Yes, if the decision to deport this guy was blocked or overturned, I would be pleased with that and here's why...
As a matter of personal opinion only, here's what bothers me about this. By granting Khalil permanent US resident status, the government is essentially saying this...
You can live your entire life in the US. You can marry, you can work here, buy a home here and pay taxes here but you're going to have to live under a diluted set rights. I don't like that.
I'm all about deporting this guy. Deport away, but be just and fair about it. Proven anti-semitism and hate toward a religious or ethnic minority, I'm all for it, say bye bye. But protesting the actions of Israel? No, I can't support someone's deportation for that and at this time, the Government has coughed up absolutely no evidence at all that Khalil has done anything other than criticize Israel.
Posted on 4/11/25 at 9:46 am to SlowFlowPro
quote:and?
That's what appellate courts are for, to hear his argument.
quote:The inconsistency of your argument falls apart when applied to cherry-picked district judges issuing nationwide injunctions or injunctions essentially shutting down wide swaths of EB Departments. Your statement there is if Congress doesn't like the law as it exists, they can change it. In the instance of legislatively assigned SOS oversight the same premise holds. Congress can change the law.
I explained this to y'all in the exact same way with the AEA
Instead, the JB wants to insert itself, essentially seizing assigned power from the EB. The JB has a history of ignoring the written law, Constitution be damned. Roe being a glaring example.
Here is one of the worst: As written by Congress, the ACA was clearly unconstitutional due to the mandate-penalty and inherent Commerce Clause issues.
Nonetheless, during questioning the government argued vehemently that the mandate-penalty DID NOT constitute a tax, and fell outside of Commerce Clause restraints. NFIB agreed ACA penalties did not constitute a tax, so there was zero disagreement between parties on that fact throughout the entire evolution of the case. NFIB argued that the mandate enforced by a penalty was a breach of the Commerce Clause .... as it clearly was in the majority SCOTUS opinion.
In an unprecedented, audacious ruling, Roberts ignored Congressional language and intent, ignored the government's vehement insistence that the language was as intended, ignored the plaintiff's concordance with those arguments and instead claimed the ACA penalties were not the penalties they actually were. He invented a premise out of thin air that the ACA penalties were, in fact, taxes.
By ignoring Congressional intent and every single argument in the case, and then framing the penalties as a tax, Roberts sidestepped concerns about the federal government regulating inactivity. If the mandate had been deemed a regulation under the Commerce Clause, it would have been struck down as an overreach of federal power.
Though NFIB v. Sebelius was not touted as a SCOTUS power grab d/t the finding coinciding with desires of the other two branches, that is actually exactly what it was. SCOTUS audaciously contended in the ruling that it could flatly ignore law as written, and essentially rewrite legislation itself, superseding Congress.
Posted on 4/11/25 at 9:52 am to VOR
A non-citizen living in the US is a privilege, not a right.
Posted on 4/11/25 at 9:54 am to Dex Morgan
Green cards guarantee rights.
Posted on 4/11/25 at 9:57 am to Ingeniero
"A Harris win would've meant that a legal resident could be deported for attending a pro-life rally or criticizing the US handling of Ukraine. I don't like that type of overreach"
Somebody's thinking out there! don't make the Harry Reid mistake of destroying a norm or guardrail because it helps your side in the short term because the "long" term can come around a lot sooner than you think.
Somebody's thinking out there! don't make the Harry Reid mistake of destroying a norm or guardrail because it helps your side in the short term because the "long" term can come around a lot sooner than you think.
Posted on 4/11/25 at 10:01 am to 4cubbies
quote:Indeed.
Green cards guarantee rights.
Protection from deportation is not among those guarantees.
Posted on 4/11/25 at 10:07 am to NC_Tigah
quote:
Protection from deportation is not among those guarantees.
Green card holders can be deported only under certain circumstances.
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