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1 posted on 08/21/2007 3:36:02 PM PDT by chessplayer
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To: chessplayer

have these idiots been impeached yet?


2 posted on 08/21/2007 3:38:03 PM PDT by SCHROLL
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To: chessplayer

more:
http://www.freerepublic.com/focus/f-news/1884311/posts
http://www.freerepublic.com/focus/f-news/1884203/posts
(msm spin)


3 posted on 08/21/2007 3:40:11 PM PDT by xcamel (FDT/2008 -- talk about it >> irc://irc.freenode.net/fredthompson)
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To: chessplayer

Related...

http://exposingtheleft.blogspot.com/2007/08/court-just-being-in-us-isnt-illegal.html


4 posted on 08/21/2007 3:40:11 PM PDT by traderrob6
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To: chessplayer

So if I rob a bank and a day later the FBI arrests me for it, they have to let me go because they waited too long to catch me?


8 posted on 08/21/2007 3:47:44 PM PDT by crazyhorse691 (The faithful will keep their heads down, their powder dry and hammer at the enemies flanks.)
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To: chessplayer
Well, maybe someone needs to rewrite the law.

But on appeal, a three-judge panel threw out the sentence, based on an apparent contradiction in U.S. law. While it is illegal to enter the country without the proper documents and permissions, it is not necessarily illegal to be in the country.

In its opinion, the court explained that Congress had implicitly created the distinction: "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," said the opinion.

The court also cited previous cases, including a 1958 Supreme Court case, which found that laws regarding illegal entry into the country "are not continuing ones, as 'entry' is limited to a particular locality and hardly suggests continuity."

Because the judge hadn't determined whether Martinez had been deported previously, the appeals court ruled she had no legal basis to deny probation, since simply being in the country isn't necessarily a crime.

10 posted on 08/21/2007 3:53:42 PM PDT by narby
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To: chessplayer
I haven't read garbage like this ruling for a while.

There was no advance notice prior to the actual sentencing hearing. When the sentencing judge gave notice of her intent to depart, Martinez was not provided an adequate opportunity to marshal and present his arguments against departure before sentence was pronounced.
http://www.kscourts.org/kscases/ctapp/2007/20070817/96613.htm

That quote is down further but the first few interpretations give a general idea.
11 posted on 08/21/2007 3:53:46 PM PDT by kinoxi
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To: chessplayer

Thanks for posting this I had not seen it before.
Keep up the good work


12 posted on 08/21/2007 3:54:39 PM PDT by WKB (It's hard to tell who's more afraid of Fred Thompson; The Dims or the rudibots.)
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To: chessplayer

“Kansas Court: Illegal Immigrants Not Really Illegal”

THIS IS JUST
Legal sophistry in the service of “SHAMNESTY” (de facto amnesty for illegals)

This is what I expected after “comprehensive immigration reform” was
slammed by LEGAL RESIDENTS OF THE UNITED STATES OF AMERICA.

Trick and LEGAL SOPHISTRY (word tricks) to get US Citizenships even
for CRIMINALS that have violated our borders (CRIMALIENS).

Soon, there will be a legal decision that anyone that invaded the USA
but didn’t get caught before the statute of limitation ran (2-3 years?)
is a de factor US citizen.

Just another way to give the MIDDLE FINGER (”digitus indignitus”)
to all our law-abiding immigrants that put up with all the BS of
following the law and “playing by the rules” to legally become
MY FELLOW US CITIZENS!!!!!


13 posted on 08/21/2007 3:56:11 PM PDT by VOA
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To: chessplayer

Don’t panic over this yet. Reason being is that the courts are saying “It’s illegal to hold up a bank for millions of dollars, but it is not illegal if you don’t get caught.” Cool!


14 posted on 08/21/2007 3:56:57 PM PDT by RC2
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To: chessplayer

don’t get mad at the court — it is correct.

It is a criminal violation of the law to enter the country illegally. (that criminal violation is punishable for the applicable statute of limitations)

Being present in the country without proper papers is a civil violation — the sole jurisdiction I might add, of the Federal Government.

This problem has been part of the illegal immigration enforcement problem from the begining. This is why the Feds control enforcement efforts, and why the 287(g) program was ceated to provide states and localities the right to enforce Federal immigration law concerning being present without proper documentation.

Most “illegals” do enter the country illegally — making them truly illegal. Some, however, enter lawfully on student VISA’s, and never leave. They are not subject to criminal sanctions.

Don’t like it? Me neither.

Tell it to the Congress — not the Courts.


15 posted on 08/21/2007 4:01:00 PM PDT by Iron Eagle
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To: chessplayer
HEY JUDGES:
16 posted on 08/21/2007 4:02:34 PM PDT by Califreak (Go Hunter!)
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To: chessplayer

This is insanity. Our current Kansas Supreme Court is dangerous. Watch out.


18 posted on 08/21/2007 4:16:32 PM PDT by The Ghost of FReepers Past (Woe unto them that call evil good, and good evil; that put darkness for light..... Isaiah 5:20)
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To: chessplayer

Our goverment, state, local or federal are trying their best to get the illegals to stay by hook or crook.


21 posted on 08/21/2007 4:34:56 PM PDT by freekitty (May the eagles long fly over our beautiful and free American sky.)
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To: chessplayer

If it is just that, then technically they are correct. Crossing into the US is a misdemeanor, but once you are in the US, it is a *civil*, not criminal offense. Ironically, the *one* serious offense is if you have been deported and barred from re-entry. If you come back, you could face 20 years in prison.


24 posted on 08/21/2007 5:05:32 PM PDT by Popocatapetl
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