to unjust deportations and for
an acceleration to the process of applying for asylum to the U.S
Posted on 11/27/2018 8:23:51 PM PST by caww
New York State's highest court has ruled that immigrants are entitled to a jury trial, even when they're accused of misdemeanor crimes that carry sentences of six months or less. The court ruled that the penalty of deportation was severe enough to warrant a jury trial.
The case was brought by the Center for Appellate Litigation in New York. The Bronx Defenders filed a friend of the court brief; it represented the defendant in his original case, and in his immigration proceedings.
in his dissent, Judge Michael Garcia wrote that this ruling would open the door "to further litigation, in both state and federal courts, over exactly which collateral consequences may make an otherwise 'petty' offense 'serious.'
"It is doubtful that importing federal immigration law into the penalty analysis was something the Supreme Court intended when it made the Sixth Amendment right to trial by jury for 'serious' offenses applicable to the states."
He said the Supreme Court has the ultimate authority to settle this issue and should.
The Legal Aid Society called it a "landmark case" that will provide clients a meaningful opportunity to fight against criminal charges that could lead to deportation.
(Excerpt) Read more at wnyc.org ...
The seeds were planted decades ago. R’s and D’s not enforcing immigration laws got us here. Obama merely carried the torch.
Tar and feathers for the judiciary.
This is in fact partly how Rome fell: most Roman 'citizens' were reduced to the status of humiliores (serfs) tied to the land, while Germans who invaded or were settled to serve the Roman army were exempt from most Roman law and taxation.
All for the glory of the Emperor and the ruling class.
Well that IS partly true!
......”All for the glory of the Emperor and the ruling class”......
Except this President is sticking his finger in the pie and they’re fighting to keep it theirs.
to unjust deportations and for
an acceleration to the process of applying for asylum to the U.S
Since when do illegal immigrants have any standing in a US court of law? They are in this country illegally and should be fined for trying to jam up and undermine our justice system, and sent packing. The same goes for those abetting them.
Jury nullifications coming in a big way.
Gotta protect fraudulently documented foreigners.
Right now Trump is the only person keeping the US from sliding completely into a filthy internationalist oligarchy.
Just bring these cases before a federal magistrate on the grounds that since there is the implication of deportation a federal question is involved - just the argument that the State has made. Then the federal magistrate can rule it a petty offense and award the guy.a fine. Deportation is not a criminal matter, but an administrative matter.
Nor are they U.S. Citizens so they have NO U.S. Constitutional rights.
I would like Justice Roberts to convince me there are no Obama or Clinton judges in our judicial system. He is as ridiculous as those who say there is no INVASION of our southern border. I’d love to have that 30 second argument with him.
In most states, you can ask for a jury trial even for a speeding ticket.
>> THIS is how Rome fell.
Exactly!!!
Only one other person I know has mentioned that.
Your statement is completely false.Even an illegal alien in the US has civil rights. You can’t enslave them, take their possessions or murder them. You do not have to be a US citizen, even if here illegally , to be afforded the protection of the US Constitution. That my friend is the law of the land.
Why is deportation severe?
Does it assume that all places outside the US are hell? That’s ridiculous, there are beautiful places outside the US and deportation is NOT a severe punishment, it’s just relocation.
Bad ruling in many ways. Watch how this backfires as I predict in the future they will be more likely to be charged with felonies. Prosecutors have nothing to lose.
I hear the tune of "Shaft" going through my head.
I thought all those abortions were done to get rid of the humans that were not wanted. With this court ruling, it paves the way for jury trials to determine if the unwanted babies should be aborted.
Hmmm. I’m not sure the USSC can shut this down. Each state may grant its citizens/residents greater rights than are afforded under the Constitution.
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