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Court Says Kidnapping Not Serious Enough to Warrant Deportation
Judicial Watch ^ | January 10, 2013

Posted on 01/10/2013 11:34:31 AM PST by jazusamo

In what may seem like a bad joke, a U.S. federal appellate court has spared an illegal immigrant convicted of kidnapping from deportation ruling that it’s not necessarily a crime of moral turpitude.

The decision, issued this week by the famously liberal 9th Circuit Court of Appeals, rambles on for 27 pages and is almost comical. “This undoubtedly appears to be a difficult question at first glance,” it reads. “Kidnapping is a serious crime, and our instincts may be that it would meet the moral turpitude definition. Even for serious offenses, we must look to the specific elements of the statute of conviction and compare them to the definition of crimes involving moral turpitude.”

The case involves a Mexican man named Javier Castrijon-Garcia who entered the United States illegally in 1989 and incidentally has three American-born anchor babies. He has twice been convicted for driving with a suspended license (yes, California gives illegal aliens driver’s licenses) and in 1992 pleaded guilty to attempted kidnapping. He received a suspended sentence of 300 days in jail and 36 months of probation.

Years after the kidnapping case, the Department of Homeland Security (DHS) finally earmarked Castrijon-Garcia for removal. He appealed but an immigration judge found that he was deportable because the kidnapping conviction is a categorical crime of moral turpitude. The Board of Immigration Appeals, the government’s final authority on immigration matters, agreed noting that it had previously listed kidnapping as an example of a crime of moral turpitude and that California’s penal code also defined it as involving moral turpitude.

But the 9th circuit, the most overturned by the U.S. Supreme Court, disagrees writing in its decision that precedent dictates that “non-fraudulent crimes of moral turpitude almost always involve an intent to harm someone, the actual infliction of harm upon someone, or an action that affects a protected class of victim.” The type of “simple kidnapping” that this illegal immigrant committed doesn’t necessarily involve such evil intent and harm therefore it doesn’t constitute moral turpitude, according to the San Francisco-based court.

The ruling orders the Board of Immigration Appeals, which is part of the Justice Department, to “conduct a modified categorical analysis” of the illegal immigrant’s crime. Keep in mind that the BIA has already determined that kidnapping is a serious enough crime that merits deportation, so the court is essentially ordering it to make an exception or change the criminal code.

Over the years the 9th Circuit Court has been kind to illegal immigrants with criminal records. In separate 2010 rulings it spared an illegal alien from Mexico and a gangbanger from El Salvador—both convicted of serious crimes—from deportation.

A few years earlier the 9th Circuit reversed a lower court ruling calling for the deportation of a Mexican immigrant convicted of having sex with a minor. In that ruling, the 9th Circuit claimed that while the crime violated state law and was unwise and socially unacceptable, it wasn’t base, vile or depraved enough to warrant deportation.


TOPICS: Crime/Corruption; Government; News/Current Events
KEYWORDS: 9thcircuit; aliens; amnesty; crimaliens; illegals; kidnapping; mexico; reinhardt
The sorry excuse for a federal judge on the 9th Circus, Stephen Reinhardt was one of the three and wrote the opinion. He's probably the most liberal judge in the 9th Circus and that's saying a lot.
1 posted on 01/10/2013 11:34:40 AM PST by jazusamo
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To: jazusamo

Come to America! Trash our laws and trash our country! Our “courts” don’t mind!


2 posted on 01/10/2013 11:37:12 AM PST by FlingWingFlyer (Impeach Obama Now.)
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To: jazusamo

Well, it goes to show you that liberals, who want to destroy this country, are depending on illegal Mexicans to accomplish the task.


3 posted on 01/10/2013 11:37:58 AM PST by Gaffer
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Please bump the Freepathon or click above and donate or become a monthly donor!

4 posted on 01/10/2013 11:53:18 AM PST by jazusamo ("Mercy to the guilty is cruelty to the innocent." -- Adam Smith)
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To: jazusamo

jazusamo ~~:” (from the article) But the 9th circuit, the most overturned by the U.S. Supreme Court, disagrees writing in its decision that precedent dictates that “non-fraudulent crimes of moral turpitude almost always involve an intent to harm someone, the actual infliction of harm upon someone, or an action that affects a protected class of victim.” The type of “simple kidnapping” that this illegal immigrant committed doesn’t necessarily involve such evil intent and harm therefore it doesn’t constitute moral turpitude, according to the San Francisco-based court.”

Recall the entire 9th circuit court.
Obviously the 9th circuit court doesn’t know what moral turpitude actually is !


5 posted on 01/10/2013 11:54:21 AM PST by Tilted Irish Kilt (Disclaimer - the opinions above merely reflect the writers restricted ability to observe reality)
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To: jazusamo

We don’t know what the original chagre was , or what the original charge got plead down to .
The criminal convitions obviously don’t have any meaning to the 9th circuit court .


6 posted on 01/10/2013 11:57:05 AM PST by Tilted Irish Kilt (Disclaimer - the opinions above merely reflect the writers restricted ability to observe reality)
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To: jazusamo

If the ruling is insanity put into words, it’s almost always a 9th circus decision.


7 posted on 01/10/2013 11:57:22 AM PST by GBA (Here in the Matrix, life is but a dream.)
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To: jazusamo

Why does no news rag publish the addresses of judges?


8 posted on 01/10/2013 11:59:48 AM PST by null and void (Soap box. Ballot box. Jury box. We're just two boxes away from freedom...)
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To: Tilted Irish Kilt

I guess the law has changed but I thought after the Lindbergh
case, kidnapping was auto life in prison?
Maybe not. I know there is a provision for parents that kidnap there own children?


9 posted on 01/10/2013 12:03:35 PM PST by Conserev1
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To: Conserev1

Sorry just saw the charge was attempted kidnapping.
I promise to read the entire piece before commenting in the future.


10 posted on 01/10/2013 12:05:25 PM PST by Conserev1
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To: Tilted Irish Kilt
Recalling most of the 9th Circus and replacing would improve our entire federal judicial system.

This Reinhardt turkey is proud they're the most overturned by SCOTUS, go figure.

11 posted on 01/10/2013 12:05:48 PM PST by jazusamo ("Mercy to the guilty is cruelty to the innocent." -- Adam Smith)
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To: jazusamo

shhhhheee. We are truly living in a lawless country now. Gun grab or not (incentive), we need to throw these people out- physically carry them out & lock the door behind them if necessary. Now. It *can* get a *lot* worse & it will.


12 posted on 01/10/2013 12:07:14 PM PST by KGeorge
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To: null and void
I guess because leftists shield leftists. It's a shame the enemedia feel no responsibility to protect innocent people.
13 posted on 01/10/2013 12:10:29 PM PST by jazusamo ("Mercy to the guilty is cruelty to the innocent." -- Adam Smith)
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To: jazusamo

And yet, here in Georgia today, a man got FOUR YEARS
in prison for handcuffing a coworker trying to get her
to go out with him.

Equal justice?


14 posted on 01/10/2013 12:14:04 PM PST by tet68 ( " We would not die in that man's company, that fears his fellowship to die with us...." Henry V.)
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To: Tilted Irish Kilt

Maybe “kidnapping” meant not returning a child to the custody of its mother on time.

Maybe “kidnapping” meant preventing a wife or girlfriend from leaving during an argument.

Maybe “kidnapping” meant locking up someone until his family paid a debt.

Maybe “kidnapping” meant ransom for profit, or attempted rape, or rape plea-bargained down to kidnapping.

Now if he’d refused to served dinner to a homosexual couple celebrating their anniversary, THAT would be moral turpitude.


15 posted on 01/10/2013 12:27:57 PM PST by heartwood
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To: Tilted Irish Kilt

“Recall the entire 9th circuit court.
Obviously the 9th circuit court doesn’t know what moral turpitude actually is !”

They see it every time they shave


16 posted on 01/10/2013 12:46:30 PM PST by hans56
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To: jazusamo

This ruling by the 9th circus is a crime of moral turpitude!!!!


17 posted on 01/10/2013 12:54:26 PM PST by Wuli
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To: Wuli

Bump!


18 posted on 01/10/2013 1:12:22 PM PST by jazusamo ("Mercy to the guilty is cruelty to the innocent." -- Adam Smith)
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To: jazusamo

Where’s the outrage?


19 posted on 01/10/2013 1:17:30 PM PST by AuntB (Illegal immigration is simply more "share the wealth" socialism and a CRIME not a race!)
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To: Tilted Irish Kilt

“Obviously the 9th circuit court doesn’t know what moral turpitude actually is !”

They ARE Moral Turpitude!


20 posted on 01/10/2013 1:39:16 PM PST by vette6387
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To: jazusamo

Geez. This is the same court that had a judge state that his job was to change unjust laws as he saw it. We only let in the lowest rung on the human ladder. The most they can do is breed and drink and eat. Stop the madness.


21 posted on 01/10/2013 3:05:48 PM PST by PatriotCause (California Sucks)
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To: jazusamo

Stupid gringos. That’s why they keep coming. They laugh at our laws. They don’t care. There’s is a life dodging the law whether it’s here or in Mexico. It’s what they do.


22 posted on 01/10/2013 3:12:46 PM PST by PatriotCause (California Sucks)
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To: hans56
They see it every time they shave

And that's just the women of the 9th circuit!

23 posted on 01/10/2013 3:39:54 PM PST by Moltke ("I am Dr. Sonderborg," he said, "and I don't want any nonsense.")
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To: jazusamo

The lawless 9th is a disgrace.


24 posted on 01/10/2013 4:27:19 PM PST by tumblindice (America's founding fathers: All armed conservatives.)
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To: jazusamo; All

Good God, this is just more Hispanic Ku Klux Klan style racism...kidnapping not a serious crime????

Wonder if he was a White European non-Spanish surname illegal? He would have been deported

Illegal Alien Amnesty is Anti-American Bigotry


25 posted on 01/10/2013 4:27:33 PM PST by SeminoleCounty (Fiscal Conservatives are Neither)
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