Nebraska Observer Weblog

Nebraska’s Illegal Immigration News

Five Idiots On the Bench….Or how to turn 4 1/2 months to 10 years

Posted by nebraskaobserver on June 16, 2008

EDITORIAL:

Five idiots just gave the green light to half the illegal aliens in the country this morning! The Supreme Court ruled 5-4 Monday, June 16 that someone who is here illegally may withdraw his voluntarily agreement to depart and continue to try to get approval to remain in the United States. See AP story Just for the record AP, Mr. Dada was a “foreign national” when he arrived in the U.S. but when he overstayed his visa, how do you say “illegal alien”. There is a difference!

So this illegal Nigerian alien, Samson Dada, (see it’s not always the illegal Mexican and South Americans aliens) came into the U.S. on a tourist visa and overstayed when it expired in 1998. So ICE has been screwing with him for 10 years? What’s that all about? Then he married an American citizen the following year and began trying to obtain a visa as an immediate relative of a citizen. Oh, by the way, did I mention that it was a “sham” marriage. Dada and his supposedly wife failed to submit the proper papers, immigration officials denied the visa and ordered him to leave the country. He agreed to leave voluntarily, which would have allowed him to re-enter sooner than if deported. This has been in the process with ICE for 10 years? Again, what’s that all about? (Oh, did I repeat myself?)

Sham marriage? Break the law? No problem with these liberals and they did it at the request of the Bush administration! You can be sure the immigration attorneys will be jumping all over this one! This is just another example of the courts overstepping the Constitution and our laws. They all need to be un-benched permanently. See why electing the right leader in this year’s Presidential election is so important! Then again, we have the choice of a Democrat, Socialist and a Communist so who knows what will happen in either case.

Michelle Malkin says “whether Obama or McCain becomes president, I think we can look forward to more of this open-borders activism on the Supreme Court. La Raza, the ACLU, and AILA are high-fiving each other today over the ruling in Dada v. Mukasey (opinion here):” See Michelle’s blog

To see how crazy this whole thing plays out for 10 years and how inept our government bureaucracy and legal system is, I’ve taken the liberty to post the following case analysis from Dr. Bill Long, a lawyer, and have high-lighted some important text. Read full text at Dr. Bill Long’s website.

Bill Long 11/30/07

Docket No. 06-1181; Oral Argument Jan. 7, 2008*

“…Let’s tell the story behind the case and see what your inclinations are. I think if you listen to the facts–and especially see the chronology, you might be rather astounded at it all.

…Mr. Samson Dada, a Nigerian citizen, who applied for a nonimmigrant visa to the United States in 1998. …. When a foreign national with a nonimmigrant visa arrives at the US border, s/he is granted a period of time in which s/he can remain in the country. So, Mr. Dada arrived in the US on April 4, 1998 and could stay until August 31, 1998. But, as so often is the case, he overstayed.

At first, no one did anything about it. But in 1999 he decided to marry to a US citizen. She applied for an I-130 visa for her spouse, which was a way to get him to stay (more) permanently in the US. Normally it takes about 990 days–almost three years to adjudicate an I-130 visa petition. What? Why? I have no idea, but someone ought to try to figure this one out.

finally on February 7, 2003, Homeland Security, which didn’t even exist when they applied for an I-130 visa, denied the visa petition and deemed it “abandoned.” Why? Well, they hadn’t furnished all the right documentation to the immigration officials.

By this time, however, he has been in the country nearly five years after his nonimmigrant visa expired. Fear not. We are just beginning. A year later, on January 4, 2004, Homeland Security decided that Dada ought to be removed…. In any case, if he had a removal order, he has some time to maneuver, to appeal, etc. So on March 17, 2004 the wife again decided to file an I-130 visa petition. Why? Well, if it took Homeland Security 3 1/2 years to get to the first one, you might as well try this again.

But the immigration judge (IJ) denied this petition but did allow Dada to request “voluntary departure” in lieu of removal. This is an important point. You can apply for voluntary departure either during or after your removal proceeding. If you are awarded this, the removal proceeding stops (i.e, they won’t come and get you) and you have either up to 120 or 60 days (depending on whether it was during or after the removal proceeding ended) to leave the country. ….

You wonder sometimes if all of this is a joke, but I am a lawyer and lawyers can’t joke. So, let’s continue. After Dada was granted a request for voluntary departure, he decided to appeal his removal to the Board of Immigration Appeals (“BIA”). This stops the clock on departure. So, the BIA got into the act and decided on Nov. 4, 2005 that Samson Dada had to go. The BIA decided that he had exactly 30 days to depart voluntarily. If he didn’t depart in those 30 days, he would be ineligible for status adjustments for 10 years–and face lots of fines and other inconveniences.

Sounds like things are just about over, don’t they? Well, Samson was a strong guy, not only in the Bible but also in this case. On day 28 after this order, he filed a motion with the BIA to “reopen” his case and to “withdraw” his request for voluntary departure. The reason he did the latter was that if he stayed over his 30 day period (i.e., past December 5, 2006), he would lose the benefit of the voluntary departure and tons of bad stuff would happen to him. But by asking the BIA to “reopen” his case, he would have 90 days after the Nov. 4 decision to do so. So, he stayed in the country. On Feb. 8, 2006 the BIA denied his motion to reopen the case. Now he really has to go, right? No, he appealed to the Court of Appeals of the Fifth Circuit, which couldn’t wait to get the case off of its docket, denying him relief in a one-page unpublished decision on Nov. 28, 2006.

All is not lost. So, he appealed to the US Supreme Court on Feb. 26, 2007–the final day he could do so and, guess what, the Supreme Court decided to hear his case. By the time the Court renders a decision, probably in Spring 2008, it will be almost 10 years to the day that Samson Dada was supposed to have left the country. Now can you understand what immigration reform is up against?

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