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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Just starting the trucking companies that Americans...oh, never mind.
At last! A wee break in the clouds!
Stevens w/ the sole dissent.
That souter is a tooter.
Who was the justice that was the one dissenting vote?
So, has he been deported.... again.... and is there a pool for how soon he'll be back?
Justice Stevens: http://www.supremecourtus.gov/opinions/05pdf/04-1376.pdf
Ah. Thank you for that. I was about to assume that it was Ginsburg.
A fruity tooter, not that anyone cares or would even mention in polite company or otherwise, since it is irrelevant.
Interesting. He broke the laws and faces the consequences.
But I do have a small tingle of regret in that the guy was here for twenty years, led an otherwise decent life, started a family and an apparently successful business.
Why don't we KEEP him and deport some maniac American serial killer, in prison for life, back to Mexico in his place?
so,
can it be said that the SOCUTS has determined that day 1 for all illegals is 1996 ? even though they came earlier or later. (neither which is probably provable)
so,
can it be said that the SOCUTS has determined that day 1 for all illegals is 1996 ? even though they came earlier or later. (neither which is probably provable)
Most people think Stevens will be the next vacancy. He's really getting up there in age.
This will be used to gain sympathy for the illegals.
I dearly hope that most people thinking that are wrong. Oh to have Janice Rogers Brown replace Ruth Bader Ginsburg!
EXACTLY.
I would treat much harsher those who have broken our laws for long periods of time than those who have been here just a short time.
Souter got it right!
it will not work, cause my give a d@mn, for these illegals, is busted.
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