Posted on 07/20/2006 4:18:52 AM PDT by Oshkalaboomboom
Illegal immigrant seeks order against husband. The judge tells her to get out or be deported.
A substitute judge hearing the case of an illegal immigrant seeking a restraining order against her husband threatened to turn her over to immigration officials if she didn't leave his courtroom.
Los Angeles Superior Court Judge Pro Tem Bruce R. Fink told Aurora Gonzalez during last week's hearing that he was going to count to 20 and that if she was still in his courtroom when he finished, he would have her arrested and deported to Mexico.
In an interview Wednesday, Fink said that the woman had admitted in court that she was in the country illegally and that he didn't want her to get in trouble with immigration officials.
"We have a federal law that says that this status is not allowed," Fink said. "You can't just ignore it. What I really wanted was to not give this woman any problems."
He said he thought the couple "obviously wanted to get back together" and that he was trying to avoid granting a restraining order that would keep them apart for at least a year. He said he also thought the court order might lead to Gonzalez's deportation, because her husband would not be able to continue helping her get legal residency.
Gonzalez could not be reached for comment Wednesday.
Allan Parachini, spokesman for the Los Angeles County Superior Court, said the July 14 incident was under review. "We will take appropriate action after a full investigation of the circumstances," he said, adding that Gonzalez was welcome to refile for a restraining order.
(Excerpt) Read more at latimes.com ...
Kudos to the judge. Wish we had more like him.
Aw, give the guy a break--at least he's got something of the right idea. It sounds to me like he was just trying to cover his butt from the rabidly PC system which is undoubtedly going to go after him.
This is the kind of thing that makes me feel ignorant. I'm wondering if the judge could have ordered her arrest on immigration charges.
A couple of local LEOs have complained to me that early in their careers they proudly tried to turn illegal immigrants over to the Feds only to be told the Feds didn't want 'em. So what if he HAD ordered her arrest. Then what?
Tell the judge if he doesn't apply the LAW, that there then can't be LIBERTY AND JUSTICE FOR ALL.
Disagree. He should have had her arrested and deported on the spot.
Probably not. He is a state judge. If their was a current warrant for her arrest then he could have had her detained. Without a warrant he has no more authority to detain her than you or I.
He also probably lacks the authority to refuse to hear her case based on her status as an illegal immigrant.
You must not have read the full article. This judge was letting her go because he disagreed with the law and didn't want to enforce it.
Hmmm? Illegals really do think they have rights in this country. Wonder where they got that idea? /s
One prospective juror was excused because he claimed that he could not understand English well enough to follow the proceedings. One needs to be brain dead not to see a general malaise, not to say rot, in the present state of our "justice" system. It is a "pretend" suspension of disbelief existence.
Well, one crucial lapse in the current justice system is the pathological avoidance of the obvious, and the unwillingness to accept the natural results.
If citizens are instructed to ignore some laws while in the process of applying others, jury nullification becomes a central issue in many if not most cases. It is Constitutional, it is proper and can and will be practiced increasingly with impunity.
Juries can not legally ever be ordered what to decide. But then juries are no longer random groups of peers, either. What a revolting series of developments.
This judge isn't an immigration judge and defintiely did the wrong thing. If a woman is the victim of domestic violence she can still get a restraining order against her husband or boyfriend. Immigration won't deport her because of the Violence Against Women Act. In immigraiton law, a woman who is subjected to domestic violence is eligible for a special visa that would allow her to stay in the U.S. and apply for a green card. Getting the restraining order not only protect the woman from further abuse, but can also be used as evidence as a victim of abuse to immigration authorities. This judge, by denying her a restraining order did not prevent a deportation and put the woman in a place where she can be further abused. Immigration status has no bearing in this case and the judge was being an ignorant jerk.
And what would be the charge? Being in the country is not a criminal act. The House bill will make it one, but right now it is under immigration law, not criminal law. Only immigration authorities could arrest her. This judge could order it, but there would be no one to implement the order if immigration didn't want to follow the order.
So an illegal immigrant is beaten by her husband or boyfriend in the U.S. and she cannot seek legal remidies to protect herself from physical harm? So, in other words, if someone is here illegally, you can beat them to within an inch of their life and it's OK? After all, they are here illegally and have no rights? Maybe you could keep a few as slaves locked away in your basement and do with them as you please? Is that the way you think things should work? It sounds like it from your post.
darn good judge. need more like him.......
ping
Hopefully he scared her enough that she will leave the country.
being that it was in Los Angeles no one else is going to a thing about it since L.A. is a sanxtuary city.
Of course the judges get a little crazy if you point that out to them...
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