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Victims' family loses round in sanctuary suit
San Francisco Chronicle ^ | 8/14/9 | Bob Egelko

Posted on 08/14/2009 7:33:31 PM PDT by SmithL

SAN FRANCISCO -- The family of a father and two sons who were gunned down on a San Francisco street last year has failed to convince a federal judge that the city violated the victims' constitutional rights by shielding their alleged murderer from deportation.

But a lawyer for Tony Bologna's widow and daughter said he'll return to a state court with claims that San Francisco acted negligently by not notifying federal authorities of Edwin Ramos' immigration status when police arrested him in separate incidents in 2003 and 2004.

The city's lawyer said he'll seek dismissal of those claims as well.

Bologna, 48, and his sons Michael, 20, and Matthew, 16, were shot to death near their home in the Excelsior district in June 2008. Ramos, 22, is charged with murdering them.

Ramos, a native of El Salvador whom prosecutors describe as a gang member, was arrested twice as a juvenile, for an assault on a Muni passenger in October 2003 and an attempted purse-snatching in April 2004. Juvenile courts sent him to a shelter after the first incident and to the city-run Log Cabin Ranch after the second.

Case records don't show whether police or juvenile courts knew at the time that Ramos had entered the United States illegally. But under juvenile justice authorities' interpretation of the city's sanctuary policy, they would not have passed along such information to federal immigration authorities.

Federal officials learned of Ramos' status later, after he applied unsuccessfully for legal residency. They did not take him into custody for deportation proceedings, however, and his application for residency, based on his marriage to a U.S. citizen, was pending in 2008 when the Bolognas were killed.

The family's lawsuit says the city was responsible for the shootings because its policy - which the suit claims violated...

(Excerpt) Read more at sfgate.com ...


TOPICS: Extended News; Government; US: California
KEYWORDS: illegal; sanctuary; sanctuaryfrancisco; sanfranciscovalues

1 posted on 08/14/2009 7:33:35 PM PDT by SmithL
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Illston, Susan Yvonne
Born 1948 in Tokyo, Japan

Federal Judicial Service:
Judge, U. S. District Court, Northern District of California
Nominated by William J. Clinton on January 23, 1995, to a seat vacated by Barbara A. Caulfield; Confirmed by the Senate on May 25, 1995, and received commission on May 26, 1995.

Education:
Duke University, B.A., 1970

Stanford Law School, J.D., 1973

Professional Career:
Private practice, Burlingame, California, 1973-1995

Race or Ethnicity: White

Gender: Female

2 posted on 08/14/2009 7:34:12 PM PDT by SmithL (The Golden State demands all of your gold)
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To: SmithL

The Constitution defines TREASON as:

“Treason against the United States, shall consist only in levying War against them, or in adhering to their Enemies, giving them Aid and Comfort. No Person shall be convicted of Treason unless on the Testimony of two Witnesses to the same overt Act, or on Confession in open Court.”

Given that this is the case, how can a city holding that the laws of the nation are NOT to be followed, and the overt aid given those who kill American citizens, HOW is it possible to believe that the city is NOT committing treason and therefore violating the Citizen’s Constitutional rights?

That said, what we REALLY ought to do is give the people of SF 8 days to evacuate the city, checking citizenship status of those leaving and deporting those not here legally and then clearing the city out afterward... perhaps by destroying it.

And then we move on to the NEXT traitorous “Sanctuary city” until people realize that whole idea is a treasonous load of $hit!

Of course I’m more than a bit pissed off that these city governments can basically say “everyone else has to follow different rules... but we don’t” just like our Congress.

{After the ‘sanctuary cities’ we could cleat out the Congress... one whom I am shocked has not been tried for treason is JOHN MURTHA, but that’s a different rant.}


3 posted on 08/14/2009 8:01:55 PM PDT by OneWingedShark (Q: Why am I here? A: To do Justly, to love mercy, and to walk humbly with my God.)
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To: SmithL
Case records don't show whether police or juvenile courts knew at the time that Ramos had entered the United States illegally.

Which is why the suit didn't go anywhere... there was no proof that the city shielded Ramos.

4 posted on 08/14/2009 9:44:10 PM PDT by HiTech RedNeck (When did it become the Democrat You-Shut-Up-And-Listen-To-Me Tour?)
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