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So San Francisco immigration Judge Yamaguchi essentially rewrote the law on what constitutes legal entry for illegals. He ruled that the failure of a Border Patrol employee to catch someone not entering the country with had heretofore been considered the official approval necessary to be considered legal is the same as having that official approval. He should be immediately removed from the immigration courts and disbarred. He deserves worse.
So San Francisco immigration Judge Yamaguchi essentially rewrote the law on what constitutes legal entry for illegals. He ruled that the failure of a Border Patrol employee to catch someone not entering the country with had heretofore been considered the official approval necessary to be considered legal is the same as having that official approval. He should be immediately removed from the immigration courts and disbarred. He deserves worse.
Not a big deal. Can only be cited by a few dreamies who were in no great problem anyway. The most valuable part of the decision was the green card...and that was for hardship reasons not entry.
So San Francisco immigration Judge Yamaguchi essentially rewrote the law on what constitutes legal entry for illegals. He ruled that the failure of a Border Patrol employee to catch someone not entering the country with had heretofore been considered the official approval necessary to be considered legal is the same as having that official approval. He should be immediately removed from the immigration courts and disbarred. He deserves worse.
Think Obama will sue him for making an immigration law decision that only the feds are supposed to be able to do?
So San Francisco immigration Judge Yamaguchi essentially rewrote the law on what constitutes legal entry for illegals. He ruled that the failure of a Border Patrol employee to catch someone not entering the country with had heretofore been considered the official approval necessary to be considered legal is the same as having that official approval. He should be immediately removed from the immigration courts and disbarred. He deserves worse.
No, it has actually been that way for years - If someone "presents" themselves for inspection at a Port of Entry, and the Customs and Border Protection officer (not Border Patrol) allows them in, they have been "inspected". It does not negate them gaining illegal presence or convey any status other than saying they didn't "EWI" - Entry Without Inspection. Exactly as if they were a visa overstay on the first day after it expired.
Where it does come into benefit (other than avoiding an EWI charge) is that they can petition to adjust status (like from a marriage to a U.S. citizen would enable) and still process within the United States. They are "removable" until being able to change status - exactly like a visa overstay - but it is a harder burden of proof than a visa overstay would have (they have to have some way of showing they presented themselves for inspection). This immigration judge did nothing to give someone 'legal' status as you allege, and each immigration case is independent of another.
The flip side at a Port of Entry is that the CBP officer cannot restrict what are determined to be U.S. citizens from entering the United States (sure, they can be taken into custody or quarantined immediately, but not prevented from returning; Further confusing things, and holding the same U.S. passport, a U.S. National can be delayed from entry). However, a Legal Permanent Resident or valid visa holder can be refused at the CBP inspecting officer's discretion, and it does not have to be rationalized. One prime example is the "20th Hijacker", not allowed to cross from Canada before 9/11, and holding a valid U.S. visa (the CBP officer in that instance was a Hispanic).
The flight that crashed in Pennsylvania most likely had the terrorists lose control of the airplane to passengers because they lacked that extra man. Not the best outcome, but the result could have been worse. The heroic passengers' reaction, coupled with the Hispanic CBP officer's decision, had to have saved some more lives somewhere.
No, it has actually been that way for years - If someone "presents" themselves for inspection at a Port of Entry, and the Customs and Border Protection officer (not Border Patrol) allows them in, they have been "inspected". It does not negate them gaining illegal presence or convey any status other than saying they didn't "EWI" - Entry Without Inspection. Exactly as if they were a visa overstay on the first day after it expired.
Where it does come into benefit (other than avoiding an EWI charge) is that they can petition to adjust status (like from a marriage to a U.S. citizen would enable) and still process within the United States. They are "removable" until being able to change status - exactly like a visa overstay - but it is a harder burden of proof than a visa overstay would have (they have to have some way of showing they presented themselves for inspection). This immigration judge did nothing to give someone 'legal' status as you allege, and each immigration case is independent of another.
The flip side at a Port of Entry is that the CBP officer cannot restrict what are determined to be U.S. citizens from entering the United States (sure, they can be taken into custody or quarantined immediately, but not prevented from returning; Further confusing things, and holding the same U.S. passport, a U.S. National can be delayed from entry). However, a Legal Permanent Resident or valid visa holder can be refused at the CBP inspecting officer's discretion, and it does not have to be rationalized. One prime example is the "20th Hijacker", not allowed to cross from Canada before 9/11, and holding a valid U.S. visa (the CBP officer in that instance was a Hispanic).
The flight that crashed in Pennsylvania most likely had the terrorists lose control of the airplane to passengers because they lacked that extra man. Not the best outcome, but the result could have been worse. The heroic passengers' reaction, coupled with the Hispanic CBP officer's decision, had to have saved some more lives somewhere.
Why did you feel the need to mention the ethnicity of this CBP officer? What difference does that make? It could have been a white, black or some other officer making the same decision. Now if that Hispanic officer had stopped someone at our southern border then that would have been something to crow about.
Why did you feel the need to mention the ethnicity of this CBP officer? What difference does that make? It could have been a white, black or some other officer making the same decision. Now if that Hispanic officer had stopped someone at our southern border then that would have been something to crow about.
Wow, you can't ever see a good side to something, can you?...
Against all possible scenarios I've seen offered here, a proven terrorist tried to cross on our northern border (he is now in custody at Guantanamo)...
I'm sure someone someone somewhere (the crashed flight was believed to have been targeted at the U.S. Capitol) quietly thanks this officer's decision every day...
Wow, you can't ever see a good side to something, can you?...
Against all possible scenarios I've seen offered here, a proven terrorist tried to cross on our northern border (he is now in custody at Guantanamo)...
I'm sure someone someone somewhere (the crashed flight was believed to have been targeted at the U.S. Capitol) quietly thanks this officer's decision every day...
Of course it turned out well. But as I asked and you and you never answered why the need to mention the ethnicity of this CBP officer? That's not to say that a non-hispanic officer handling it that the results wouldn't have been the same. If it had been a white officer and I had been the one to post this I wouldn't have said this "white "CBP. What for? It is irrelevant.
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