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Arizona Rancher Ordered by Court to Pay Undocumented Immigrants for Holding Them at Gunpoint
foxnews ^ | Saturday, February 5, 2011 as of 3:42 AM EST | foxnews

Posted on 02/05/2011 1:53:55 AM PST by Mayr Fortuna

The U.S. Ninth Circuit Court of Appeals upheld a lower court verdict ordering Arizona rancher Roger Barnett to pay damages of $87,000 for holding a group of undocumented immigrants at gunpoint.

(Excerpt) Read more at latino.foxnews.com ...


TOPICS: Chit/Chat; Conspiracy; Miscellaneous
KEYWORDS: arizona; control; immigration; invaders; nojustice; surreal
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What is it Americans?

A Judges Court or a bunch of leftist clowns?

1 posted on 02/05/2011 1:54:02 AM PST by Mayr Fortuna
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Comment #2 Removed by Moderator

To: Outlaw Woman

Is it me or does the federal “government” hate the state of Arizona ?


3 posted on 02/05/2011 2:02:52 AM PST by Absolutely Nobama (Freedom is the freedom to say liberals are Idiots that aren't even all that Useful.)
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To: Absolutely Nobama

It’s Americans that it hates


4 posted on 02/05/2011 2:03:58 AM PST by Outlaw Woman
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To: Outlaw Woman

“Presiding over the original trial [that found Barnett guilty] was Chief Judge John Roll, who was killed in the Jan. 8 attack on Rep. Gabrielle Giffords at a Tucson shopping center.”

Things that make you go “hmmm”.

Is being here illegaly a felony? Here in Washington state you can used armed force (or the threat of) in order to stop a felony.


5 posted on 02/05/2011 2:04:55 AM PST by 21twelve ( You can go from boom to bust, from dreams to a bowl of dust ... another lost generation.)
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To: Outlaw Woman
Face it. Property owners are going to have to form citizens patrols to enforce our sovereignty laws because the bipartisan castrati in Washington will never - ever - have the fortitude to implement what the overwhelming majority of America wants - DEMONSTRABLE DOMESTIC SECURITY. They're too busy spending our money to authorize a bunch of G.E.D. intellectuals to shove their grubby mitts down our shorts and check under our netherparts at every airport in the country. (And coming to a bus terminal and shopping mall near you, if the Head Bulldyke In Charge gets her way).

"But know this, that in the last days perilous times will come: for men will be lovers of themselves, lovers of money, boasters, proud, blasphemers, disobedient to parents, unthankful, unholy, unloving, unforgiving, slanderers, without self-control, brutal, despisers of good, traitors, headstrong, haughty, lovers of pleasure rather than lovers of God, having a form of godliness but denying its power. And from such people turn away, for his name is Obama."

6 posted on 02/05/2011 2:09:24 AM PST by Viking2002 (RELEASE THE KRAKEN!!!!!!)
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To: 21twelve

Great point.


7 posted on 02/05/2011 2:16:10 AM PST by Outlaw Woman
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To: Viking2002

Well I don’t see any other way but the heat is being turned up drastically. What would be done to those property owners?

And no, unless we gut the rest of the maggots in Washington, immigration will never be corrected. There was a post on here, I believe yesterday, that said a radical muslim cleric slipped in through the border.

You can bet though that through all of the problems, our kids will at least know how to put condoms on correctly and the depraved among us can openly declare their depravity and serve our country ‘with honor’ now. Oh and at least we know that 90 year old women and 5 year old boys are no longer threats to the nation’s security, thanks to the lovely bulldyke.

5, 4, 3, 2, 1 -head now exploding-


8 posted on 02/05/2011 2:24:29 AM PST by Outlaw Woman
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To: Outlaw Woman

Did a quick search, and it looks like being here illegaly is just a misdemeanor. I think some were trying to make re-entry after being deported a felony, but I don’t think it passed. It is much tougher (a federal felony) on those trying to help illegals. (Hmmm, I wonder if this rancher, knowing that they were illegals, then became concerned that any lack of action on his part might be seen as “helping” the illegals, thereby putting him in violation of the law.

An old boss of mine comes across illegals in the middle of nowhere down near Tucson as he is working and exploring. He always has plenty of water and will share with those he comes across in the middle of the desert. (”Hey, I’m a Christian - its what I do!”) He also notes the GPS coordinates, and calls it in to the Border Patrol. He figures they aren’t going anywhere too quickly.

******************************

Immigration laws
Section 274 felonies under the federal Immigration and Nationality Act, INA 274A(a)(1)(A):

A person (including a group of persons, business, organization, or local government) commits a federal felony when she or he:

1.) assists an alien s/he should reasonably know is illegally in the U.S. or who lacks employment authorization, by transporting, sheltering, or assisting him or her to obtain employment, or

2.) encourages that alien to remain in the U.S. by referring him or her to an employer or by acting as employer or agent for an employer in any way, or

3.) knowingly assists illegal aliens due to personal convictions.


9 posted on 02/05/2011 2:37:02 AM PST by 21twelve ( You can go from boom to bust, from dreams to a bowl of dust ... another lost generation.)
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To: 21twelve
I have advocated all along that one of the five means for putting the brakes on illegal aliens coming in is to get serious about prosecuting the employers who hire them. Perhaps we need to come up with ways to force an increase in arrests and prosecutions of those felonies.

Do those things and they will deport themselves quickly and at their own expense.

10 posted on 02/05/2011 2:55:10 AM PST by TigersEye (Who crashed the markets on 9/28/08 and why?)
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To: Mayr Fortuna

Wait a minute! This is the U.S. Ninth Circuit Court of Appeals we’re talking about. This court gets overturned routinely.
Regardless, this ruling is a new low.


11 posted on 02/05/2011 2:57:29 AM PST by stormhill
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To: Mayr Fortuna

These Judges need to be run off the bench.


12 posted on 02/05/2011 3:03:49 AM PST by freekitty (Give me back my conservative vote; then find me a real conservative to vote for)
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Comment #13 Removed by Moderator

Comment #14 Removed by Moderator

To: P8riot

Need to read beyond the first post before I reply.


15 posted on 02/05/2011 3:39:38 AM PST by P8riot (I carry a gun because I can't carry a cop.....Eagle Scout since Sep 9, 1970)
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To: 21twelve

Good information. Thank you for passing it along. I wasn’t sure. (it would appear that your old boss could be prosecuted under #3)


16 posted on 02/05/2011 3:47:58 AM PST by Outlaw Woman
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To: Absolutely Nobama

IMO they KNOW the system is now broken beyond repair and are
attempting to make sure that they will have a place in Atzlan—or DelNorte—or whatever the freakin A Rabs of I slam
choose to call their slave to the Caliphate.They no longer care about the USA. And it i snot just AZ they HATE it is all
of us outside San Fran Sicko and Washing ton s D.C. with its slums called Massa choose its.


17 posted on 02/05/2011 4:03:32 AM PST by StonyBurk (ring)
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To: Viking2002

America is being morphed into the world of Mad Max


18 posted on 02/05/2011 4:05:33 AM PST by StonyBurk (ring)
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To: Outlaw Woman

I remember hearing about a US citizen who had his property seized by this same Court-or one like it— and handed over to
Illegals -because the Court said he had abused them— I guess in this case the Court must have found out either the American citizen did not have land the sandbellies could turn into sanctuary —or maybe they just wanted to go to Las Vega— and Disneyland but didn’t have the dough.When our Judges value the lawbreakers more than they do the citizens they no longer serve as Americans but have become the enemy.


19 posted on 02/05/2011 4:10:40 AM PST by StonyBurk (ring)
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To: 21twelve
And in order to legally conduct a citizen's arrest in Arizona, you have to witness a probable felony in progress (or a couple of misdemeanors such as riot).

You don't know, looking at a given illegal, whether they are engaged in misdemeanor or felony illegal immigration.

So therefore citizens arrest would not be legal, and that's the problem here - just as holding someone engaged in simple trespass would be a problem as well - trespass in Arizona does not rise to a felony level unless it becomes defiant (refusing to leave after being told to do so) or coupled with another activity such as breaking into a building.

That is why the Minutemen did not try to apprehend - just observe and report. Like it or not, under the law, it's what this guy should have done. But IMO the dollar amount is grossly excessive as well, and is the problem I have with this case. Actual damages were next to nothing, this is purely punitive against a guy dealing with lawbreakers.

20 posted on 02/05/2011 4:29:25 AM PST by dirtboy
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