Posted on 06/22/2006 1:17:29 PM PDT by new yorker 77
The Supreme Court on Thursday dealt a blow to some longtime illegal residents, upholding the deportation of a Mexican man who lived in the United States for 20 years.
By an 8-1 vote, justices said that Humberto Fernandez-Vargas, who was deported several times from the 1970s to 1981, is subject to a 1996 law Congress passed to streamline the legal process for expelling aliens who have been deported at least once before and returned.
After his last deportation in 1981, Fernandez-Vargas returned to the United States, fathered a child, started a trucking company in Utah and eventually married his longtime companion, a U.S. citizen.
But by the time he applied for legal status — after his marriage in 2001 — Congress had passed the Illegal Immigration and Immigrant Responsibility Act, which revoked the right to appeal to an immigration judge an order of removal.
Fernandez-Vargas was sent back to Mexico in 2004, and wanted to return to his family in the United States. He argued that the 1996 law should not be applied to him because he last entered America more than a decade before Congress passed the statute.
"Fernandez-Vargas continued to violate the law by remaining in this country day after day and ... the United States was entitled to bring that continuing violation to an end," Justice David Souter wrote in the decision.
It was unclear how broad of an impact the ruling would have.
Souter said that unlawful immigrants like Fernandez-Vargas should have known about the 1996 law and taken "advantage of a grace period."
The case is Fernandez-Vargas v. Gonzales, 04-1376.
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Alert: Brain cells seen sneaking into Washington.
Judicial decisions are often about "Making an example", for which this guy is ideal.
He snuck back in multiple times, he got caught again, he got deported again, and his long residency did not save him.
Spread the word among the invaders, post this in the foreign papers, and make it S.O.P. for every illegal caught.
Knew it was either Stevens or Buzzy.
mmmm that one caught raping his puppy was also one of Mexico's citizens.
Wonder why he didn't participate in the 1986 amnesty?
If his argument was that the 1996 law didn't apply to him because he came back into the US more than ten years before that, then he was here when the 1986 amnesty bill was passed, right? Or am I missing something?
Agreed!
Still, replacing Stevens would be great too - he almost always votes with Ginsburg.
Ginsburg is in fact is a name that comes up regularly too, due to health issues in addition to age, I believe.
Humberto Fernandez-Vargas ......Get out of my house and my house is the sovereign nation known as the United States of America
ping
Here's your sombrero Humberto. What's your hurry?
Adios, gerause, `raus!, arrivaderci, sayonara, huevos rancheros, ciao, auf wieder, buh bah, don't let the door hit you, hasta la goose goose, see you later (unless we see you first) tak sa mykit, enjoy the trip, bon voyagee, write often, don't be a stranger--but vamoose, andale, andale and so forth and so on........
(Only 11,999,999 to go, according to who you believe)
Ginsburg?
Nah, she's always sleeping..
Yeah, come on in, the sap American Taxpayers will foot all of your medical, housing, schooling issues for you, no problemo!
But they shouldn't be American Citizens. We should clear that misconception up also. Congress never intended to grant automatic citizenship to the children of those who were here illegally. The Supreme Court just interpreted a poorly worded paragraph to grant citizenship to the child of any woman who can keep her legs crossed long enough to get over the border.
You have a very strange concept of "otherwise decent".
Try doing what he did in Mexico and see how you are treated in the Mexican courts. I say the American justice system treated him fairly good. I am sure he believes America owes him something since he took this all the way to the Supreme. Justice served.
Buh-byeeee!!
And there's the precedent. President Bush can claim it's impossible to round up all the illegals and ship them back home, but the Supreme Court disagrees with him.
Congress, in the current Nationality Act, very explicitly granted citizenship to every child born here, regardless of the citizenship of the parents. Congress also went further than the 14th Amendment and the Supreme Court's interpretations of it, and granted citizenship to every child under the age of 5 who is found in the United States if the child's parentage or birth place are unclear.
The dems must want to tear their hair out that our Chief Justice has made such a difference on the court;-)
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