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Court: Just being in U.S. isn't illegal
The Wichita Eagle via Kansas.com ^ | uesday, Aug 21, 2007 | BY DION LEFLER

Posted on 08/21/2007 4:27:35 AM PDT by raybbr

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To: wolfinator

The rape analogy is a good one.

Entering is illegal, but at the moment of entry if you’re not caught, then staying is not!


121 posted on 08/21/2007 1:16:40 PM PDT by Stallone (Free Republic - The largest collection of volunteer Freedom Fighters the world has ever known)
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To: HamiltonJay
Being here is evidence of violation of US law, now, to claim otherwise is more insane than the “is is” question

Nobody here has argued otherwise.

The problem is, the appeals court can only consider what is in the record. What is in the record is the trial court judge citing an invalid reason for denying the guy probation.

Look, I'd love to see the guy sentenced to jail and then deported after his sentence is over & that may well happen if the trial court judge handles it correctly when it gets back to him. But making up sh!t on the fly is dangerous as hell and that's why the appeals court sent it back.

122 posted on 08/21/2007 1:17:55 PM PDT by BearCub
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To: Loyal Buckeye

So this means all you need is a travel visa and you’re in?

Maybe we should start handing out social security cards with travel visas.


123 posted on 08/21/2007 1:24:23 PM PDT by dan1123 (You are to be perfect, as your heavenly Father is perfect. --Jesus)
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To: wolfinator

Any criminal act is difficult to detect in-progress.

For example, being caught on the sidewalk leaving a bank with a sack of money is well after the funds were actually removed from the safe.

When I pull the trigger, who is there to witness the crime necessarily?

When you defraud the company and are sitting in your new Porsche, isn’t the crime long forgotten?


124 posted on 08/21/2007 1:25:24 PM PDT by Stallone (Free Republic - The largest collection of volunteer Freedom Fighters the world has ever known)
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To: raybbr

"While Congress has criminalized the illegal entry into this country, it has not made the continued presence of an illegal alien in the United States a crime unless the illegal alien has previously been deported and has again entered this country illegally," Judge Patrick McAnany wrote for the court majority.

Well, that's stupid.

It's like saying Congress has made it a crime not to pay taxes on April 15, but it's not a crime to not pay the taxes due thereafter.

125 posted on 08/21/2007 1:29:09 PM PDT by Victoria_R
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To: BearCub

Sorry, but, you have to completely ignore part 2 of the quote I provided, to draw this conclusion:

or (2) eludes examination or inspection by immigration officers

Every day he is in this country he is engaging in illegal activity, by eluding examination and inspection by immigration officers, his being here is not a one time crime of crossing the border, but an ongoing crime of being here.

The judges have gotten this one wrong. Him simply being in the united states is a violation of his probation, and so he cannot be given probation without violating the law... unless he’s been examined by immigration during or prior to his trial time, he’s in perpetual violation of the law.


126 posted on 08/21/2007 1:29:09 PM PDT by HamiltonJay
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To: HamiltonJay
Sorry, but, you have to completely ignore part 2 of the quote I provided, to draw this conclusion. Every day he is in this country he is engaging in illegal activity, by eluding examination and inspection by immigration officers, his being here is not a one time crime of crossing the border, but an ongoing crime of being here.

Your interpretation of the law (a) is unique in that you are the only one interpreting it that way. NO COURT ANYWHERE has come to the conclusion that you do, and (b) renders the law making ones' presence in the country a crime (after having been deported) completely superfluous, which is a legal no-no.

You can twist it any way you like and promote wild interpretations of the law, but until a court agrees with you your assertions are meaningless.

127 posted on 08/21/2007 1:35:56 PM PDT by BearCub
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To: savedbygrace
So, how is it possible for a person to be IN this country if that person hasn’t ENTERED this country?

If you enter the country illegally (sneak across a border) you have committed a crime. If you enter legally (for example, on a two-week tourist visa) and then don't leave when you are required to, you can be civilly deported but have not committed any crime. If you think that's stupid, complain to Congress-- that's how they wrote the law-- not to this judge.

128 posted on 08/21/2007 2:58:11 PM PDT by Lurking Libertarian (Non sub homine, sed sub Deo et lege)
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To: raybbr

If the case is not directly appealed, would the guy instantly receive probation, or would it be remanded to the original sentencing judge?

If the latter, the decision may not necessarily be unreasonable. If the sentencing judge used incorrect reasoning in his decision, the proper remedy is for him to use correct reasoning even if it achieves the same result.


129 posted on 08/21/2007 4:06:40 PM PDT by supercat (Sony delenda est.)
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