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Old 01-12-2009, 03:31 PM
 
Location: CITY OF ANGELS AND CONSTANT DANGER
5,409 posts, read 11,066,563 times
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Bush administration changes rules on deportation challenges - Los Angeles Times

this is a bit scary. im sure some individuals use the "inadequate counsel" excuse to delay deportation, but for those who do in fact have a case but inadequate counsel, they get screwed.

on top of that it seems like this is just making it easier for unscrupulous, deceitful lawyers to take advantage of people.

im not sure this is a step in the right direction...
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Old 01-12-2009, 03:36 PM
 
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Yes, like Bush's attempts to rewrite habeas corpus, I think this is one for the courts and the incoming administration, not Bush to decide.
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Old 01-13-2009, 11:42 AM
 
Location: CITY OF ANGELS AND CONSTANT DANGER
5,409 posts, read 11,066,563 times
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Quote:
Originally Posted by ovcatto View Post
Yes, like Bush's attempts to rewrite habeas corpus, I think this is one for the courts and the incoming administration, not Bush to decide.


bush is doing some last minute political manuevering trying to placate some folks, but i still dont think its a step in the right direction.

funny that no one else has anything to say...
i thought this would elicit a "HERE COMES THE HAMMER!!!" response or something silly like that.

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Old 01-13-2009, 11:48 AM
 
1,368 posts, read 1,627,125 times
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Quote:
Originally Posted by the one View Post

on top of that it seems like this is just making it easier for unscrupulous to take advantage of people.


Isn't this what undocumented immigrants do to the USA?
Sounds like good Karma to me.


"In practical terms, this means that if an attorney does not show up for an important hearing, fails to file crucial briefs, does not call relevant witnesses or advise his client that he or she is due in court -- any of which can lead to a judgment for deportation -- that's just too bad."

This is truely the land of opportunity! Go to LA, pick up some IA business, then don't show up at court for their hearing. They go back home, we take back some of our money and do the country a good service in the process.
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Old 01-13-2009, 12:03 PM
 
Location: CITY OF ANGELS AND CONSTANT DANGER
5,409 posts, read 11,066,563 times
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but this pertains to all "non citizens" not just illegals.

thats not very fair is it?
i dotn think you thought this thru. ramifications might extend beyond "non citizens"


Quote:
Originally Posted by amerifree View Post
Isn't this what undocumented immigrants do to the USA?
Sounds like good Karma to me.


"In practical terms, this means that if an attorney does not show up for an important hearing, fails to file crucial briefs, does not call relevant witnesses or advise his client that he or she is due in court -- any of which can lead to a judgment for deportation -- that's just too bad."

This is truely the land of opportunity! Go to LA, pick up some IA business, then don't show up at court for their hearing. They go back home, we take back some of our money and do the country a good service in the process.
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Old 01-13-2009, 01:07 PM
 
1,368 posts, read 1,627,125 times
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They might...
My attourney associate on the west coast says this is a good law because most of those looking to have a hearing were just trying to delay the inevitable and playing the system.
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Old 01-13-2009, 02:12 PM
 
Location: Maryland
15,179 posts, read 15,807,269 times
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Quote:
Originally Posted by amerifree View Post
They might...
My attourney associate on the west coast says this is a good law because most of those looking to have a hearing were just trying to delay the inevitable and playing the system.
I tend to believe this, given their propensity for fraud, and their disrespect for our laws. I applaud this as one less avenue for illegal alien abuse and manipulation.

Apparently ‘something’ prompted this decision. Could it be….massive abuse?
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Old 01-13-2009, 02:19 PM
 
Location: Mesa, Az
21,148 posts, read 36,611,035 times
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Quote:
Originally Posted by the one View Post
but this pertains to all "non citizens" not just illegals.

thats not very fair is it?
i dotn think you thought this thru. ramifications might extend beyond "non citizens"
Too bad.

It is the responsibility of the green card holders to keep track of their status here in the USA; once they are sworn in as citizens-------they can relax.

If here illegally----------tough! Said aliens need to be detained, period.
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Old 01-13-2009, 02:36 PM
 
Location: CITY OF ANGELS AND CONSTANT DANGER
5,409 posts, read 11,066,563 times
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ok, but how is having inadequate counsel the fault of the person trying to correct a situation(legalize themselves)

this pertains to not only illegals, but all non citizens.

lets say that i as an argentine was getting all my papers in order to legalize, and because my ditz lawyer screwed up some paper work, deadlines past (which i thought were met) and i was ordered deported. i would not be able to fight this order of deportation, even tho my lawyer is at fault.

that dont seem very fair. if this is going to stay like this, there should be some appeals, or avenues to ensure that people who do have a substantiated case are able to navigate the legal system and come to a satisfactory understanding with the gov't. imagine this happening to you. you think you are doing everything right, but come to find out your lawyer messed up. what legal recourse do you have?
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Old 01-13-2009, 05:32 PM
 
Location: Doonan, QLD
103 posts, read 162,337 times
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It is interesting that anyone feels the need to supply counsel at all. This is at the cost of taxpayers; why?

The burden of proof for a non-U.S. citizen, especially one that has so found themselves onto U.S. soil without clear documentation of why they are present and under what legal authority they are present, should clearly have the burden.

If they cannot provide this information; back to their homeland and then challenge the deportation from home. If they so have the finances, then they can obtain legal counsel. This is way any sane country would deal with this.

One does not require a lawyer; either you went through some process before you arrived in the U.S. that gave you legal right to be in the U.S., or you didn't. If you didn't, then what is there to challenge; why have a lawyer competent or otherwise? It isn't really so complicated.

Why we guilt ourselves into providing legal counsel at tax payer's expense to non legal residents, under this situation; is well beyond me. If someone is facing a criminal prosecution that involves jail time; it would be ideal, if borders were solidly controlled to restore them to their homeland, but we can't do this as the border is not secure and the individual will be back doing more crime; so legal counsel and jail expenses are borne by the tax payer. Yet another example of where the federal government's lack of control over the border yields expenses to citizens.
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