Posted on 12/28/2010 9:49:11 AM PST by La Lydia
Shy of her first anniversary on the federal bench, an Obama-appointed judge known for promoting “racial tolerance” has ordered U.S. taxpayers to provide criminally convicted immigrants with “diminished mental capacities” lawyers to fight deportation. The ruling is believed to be the first ordering government-financed legal representation in an immigration case. Foreign nationals embroiled in deportation proceedings must pay for their own attorney, unlike criminal defendants who get court-appointed lawyers—financed by American taxpayers—as part of due process when they can’t afford it.
In this case a southern California federal judge, Dolly Gee, ruled that two area immigrants who are “mentally disabled” must be given lawyers to fight deportation. The men, ages 48 and 29, are currently represented by a pair of liberal civil rights groups that claim people with mental disabilities cannot get a fair hearing without representation in immigration court.
The older man man, Guillermo Gomez-Sanchez, has various criminal convictions and served part of a two-year prison sentence before being released on bail. Among his offenses are battery against a police officer and assault. The younger man, Jose Franco-Gonzalez, completed a prison sentence for assault with a deadly weapon and his immigrant rights attorney claims he’s “moderately retarded” and doesn’t know his birth date or how to tell time.
In their lawsuit the men assert that federal officials deprived them of their constitutional right to due process and violated federal anti-discrimination laws designed to protect people with disabilities. Their pro bono lawyers at a nonprofit that promotes justice for low-income immigrants claim thousands of people with “severe mental disabilities” are detained without proper counsel nationwide.
Gee, the first Chinese-American woman to serve as a federal judge, opened the door to offering many of them taxpayer-financed attorneys, even if they have been convicted of serious crimes. This sort of advocacy is what got Gee, a Los Angeles attorney, her lifetime federal judgeship earlier this year. Veteran Democrat Senator Barbara Boxer said she recommended Gee because she “used her position as a prominent attorney in Los Angeles to promote racial tolerance and fight for justice for those who face discrimination.”
open borders ping
I want a pony.
The solution to these problems is of course amnesty. /s
They don't "legally" exist here, therefore, they get nothing but a boot.
this makes me crazy.
Why don’t we just all open our homes and take in an illegal, criminal or mentally ill criminal?
Dear Lord we must fight to stop this insanity
thanks for posting and alerting us
In other news, I saw commercials for LaRaza on Fox the other day .
We already tried that. It was called the Mariel boat lift.
It seems like the precedent is only being set for the mentally retarded. Is the issue that their citizenship status is uncertain, because they are mentally retarded?
I suspect the burden of proof is on the individual to prove that he is a citizen instead of on the state to prove that the person is not a citizen.
Thus I might agree with the court, that mentally disabled need representation before being deported.
Under what circumstances can a lawyer prevent someone convicted from being deported?
The libs have told us that illegal ststus is not a crime, so why should those so accused get lawyers?
This sh** has got to stop.
¨We the People¨, eh?
I am not a lawyer, nor did I play one on tv, but let me be their abugado (lawyer) and I can assure them that they will be sent to the right place - I promise - wink
I don’t see how a ruling like this could or would ever be reversed. Things like this are have a ratchet quality. First, who would complain about the requirement and second, who would have standing to force a court decision.
Another Democrat nominated goofball is applying Constitutional protections to non-US citizens! The fact that Bush This is why I always vote conservative. These clowns are deliberately stripping this country of everything that made it great. They want to do away with everything that made it good for even them. I see this as terminal arrogance on their part. TakING down authority and ruinING life for the children is their MOS
I am having problems with this “mentally disabled” stuff.
It should NOT be be a mitigating circumstance in crimes. The “mentally disabled” shouldn’t get a pass on violent crimes.
And if they’re illegal aliens (aka “invading barbarians”) AND “mentally disabled,” they shouldn’t get a trial at all, just a trip home. Why would we want other countries’ “mentally disabled” here?
Dolly Gee Whiz
what a geenus she is! /s
Yeah. Damn that "due process" clause of the Constitution.
Our very laws are being used against us, and we will end up supporting these two morons.
So, now, wait. First you were complaining about the government not obeying the law, now you're complaining because they are.
Time to take a deep breath, ma'am, and start thinking rationally.
“The problem is liberal judges with diminished mental capacities.”
Redundant.
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