Federal kritarchs have struck again at the very heart of immigration laws. Kritarchs have decided that criminal aliens cannot be held for deportation proceedings, criminal aliens cannot be deported, and that illegal aliens denied asylum can resubmit asylum applications and remain in the United States. This is part of the Deep State resistance to the election of Donald John Trump. Before his election, it was settled law that criminal aliens can be held by the government even if they obtain bail on a criminal charge, but be held for deportation. It is also statute that Federal judges cannot challenge a final deportation decision by the Federal government. It was also red letter law that aliens had only the right to one asylum claim, and once denied, could not resubmit that claim for a second adjudication. However, in the Age of Trump, all law, precedent, and acceptable behavior by judges was thrown out, and this despite the fact that in the Supreme Court, all the ridiculous claims by aliens and their supporters are thrown out, as just recently in the Muslim Ban decision that upheld the administrative powers of the President.
First, kritarchs are upsetting the settled law on the dual track of criminal prosecution of criminal aliens and the administrative track of deporting illegal aliens; in these cases aliens previously deported are arrested again in the United States and prosecuted for re-entry after deportation, a violation of Title 8 United States Code (USC) Section 1326, Reentry of Removed Aliens. In the past, the accepted convention and legal precedent was that if an alien was arrested and charged, the Magistrate or District Judge would deny bail, as any illegal alien was by definition a flight risk, but in the event the alien was granted bail on the criminal charge, the alien, who was subject of a detainer by the immigration authorities, once the Immigration and Naturalization Service (INS), but now U.S. Immigration and Customs Enforcement (ICE), served on the U.S. Marshal’s Service (USMS), who have custody of persons charged, but not yet convicted of Federal crimes, the alien goes from being released on bail by the USMS to the custody of ICE, so the alien can either be held for the trial or removed under the authority of an Act of Congress, Title 8 USC 1226, Apprehension and Detention of Aliens. But ideologically drive kritarchs in the Federal judiciary have decided to ignore an Act of Congress and implement their own amnesty for criminal aliens.
Judges in the nation’s federal criminal courts increasingly are balking at what they call unlawful efforts by U.S. immigration authorities to continue to detain people charged with entering the country illegally, even after they have been granted bail.
The rulings complicate the Trump administration’s “zero tolerance” crackdown on defendants who are charged with illegally crossing the border but whom judges have determined do not pose a flight or safety risk.
The decisions force prosecutors to make a choice — charge defendants with illegal entry or reentry and risk that a federal judge releases them pending trial, or keep suspects locked up in civil detention pending deportation proceedings and forgo criminal prosecution.
A recent ruling by a federal judge in Washington highlights the human and legal issues at stake, the case of a dishwasher from El Salvador who has a wife and two children in the District, where he returned after two deportations.
[U.S. Judges Balk At ICE Detention Of Defendants Granted Bail Under Trump ‘Zero Tolerance’ Push, by Spencer Hsu, WaPo, October 11, 2018]
So, we have a two time loser and a gang member, though he claims he left the gang.
The decision came in the case of Jaime Omar Vasquez-Benitez, 38, who court papers say was picking food up at a restaurant in July when D.C. police stopped him for suspected gang activity and turned him over to ICE. Federal public defenders say Vasquez-Benitez had quit a gang and fears for his life if he is deported.
He was charged in August with felony reentry despite deportation orders in 2008 and 2014.
A federal magistrate and district judge ruled Vasquez-Benitez should be released on bail, but U.S. marshals returned him to ICE custody. Defense attorneys moved to enforce the release order, and the case ended up in front of Lamberth after Vasquez-Benitez was indicted.
Now, this whole story is completely inane. No Magistrate or Judge should be allowing bail to a two time deported illegal alien with acknowledged gang ties. The decision to grant bail was obviously politically motivate and not based on law or precedent. Illegal aliens generally don’t get bail, previously deported aliens never get bail, and previously deported gang-members with a history of violence certainly should never get bail. But some kritarchs have an agenda of resisting the new immigration and criminal prosecutions policy.
Kritarch Royce Lamberth
Next is a Federal kritarch who wants to halt deportations themselves; he’s not content with forcing the Federal government to chose between deportation and criminal prosecution, but wants to keep illegal aliens in the United States, including criminal aliens.
CLEVELAND, Ohio — A federal judge threatened to hold ICE agents in contempt of court if they tried to deport a Painesville man he ordered freed on bond after he pleaded guilty to illegally re-entering the United States from Mexico.
U.S. District Judge James Gwin said during a bond hearing Wednesday for Cesar Veloz-Alonso that he didn’t think the 39-year-old construction worker, who was deported four previous times in the past two decades, was a flight risk or a danger to the community.
Gwin also said he believes that federal law gives him the authority to grant a bond, and that authority trumps laws allowing U.S. Immigration and Customs Enforcement to hold a person already ordered removed from the country and deport them before their criminal case is decided.
In other words, the judge said his ruling should override any action ICE plans to take, since he still oversees Veloz-Alonso’s criminal case. His ruling is not dissimilar to what other judges have done nationwide, though there is not clear legal authority on this issue.
[Federal Judge In Cleveland Threatens ICE With Contempt If It Deports Man He Released From Jail In Criminal Case, by Eric Heisig, Cleveland.com, October 11, 2018]
This case involves a 4 time previously deported illegal alien. It is as if Judge Gwin is telling Judge Lamberth, hold my beer, I can do worse. And Kritarch Gwin does just than, and goes one step more ordering ICE not to deport this illegal alien, who is subject to reinstatement of his previous deportation. And kritarchs have little or no authority to review Final Orders of Removal, especially not when the order has been reinstated multiple times, according to Congress under Title 8 USC Section 1252, Judicial Review of Orders of Removal.
Kritarch James Gwin
And finally, the last in the latest news of kritarchs in revolt against the law and Donald John Trump. Kritarch Dana Sabraw, who has been personally managing the asylum claims of the previous Caravan of Death To America By Demographic Displacement, is unhappy with the decisions regarding asylum by the professionals who review asylum applications.
Civil rights attorneys argued in court papers that the government was violating a September settlement agreement that had cleared the way for more than 1,000 immigrants separated by U.S. officials to have their asylum claims reconsidered. Department of Justice attorneys at the time promised the court the government would “get moving” on the agreement.
U.S. Judge Dana Sabraw in San Diego rejected the government’s argument that it did not have to begin reconsidering asylum until the settlement was approved by the court. A hearing on the fairness of the settlement is scheduled for Nov. 15.
[Judge Orders U.S. To Review Asylum For Separated Migrant Families, by Tom Hals, Reuters, October 18, 2018]
Once an alien has had their asylum application adjudicated, and rejected, there is no authority in law for a Federal judge to order the government to accept a new application for asylum. There is no law allowing this and no judge has the authority to create new legal standards out of thin air. This is again a radical innovation in the Age of Trump, kritarchs have thrown out all legal standards and processes in their resistance to the Trump Administration immigration enforcement policies.
Creepy Porn Star Mustache Kritarch Dana Sabraw
Time for the Trump Administration to start ignoring illegal edicts from kritarchs. One more reason for the Trump Administration to dismiss all Obama appointed United States Marshals and get their own people in that position. The various U.S. Marshals in the many court districts are charged with making a decision about enforcing any orders from the court. The U.S. Marshal can either act or not act on a judicial order, as the U.S. Marshal is an executive branch authority acting under the President. And not enforcing illegal and outrageous orders outside the generally accepted behavior of judges is within the discretion of a U.S. Marshal. Sadly though, may U.S. Marshals are still Obama appointees who were not dismissed after the change in administrations. Time for Donald John Trump to go all Andrew Jackson on kritarchs. But first get all your people in as U.S. Marshals; you might need their guns. Just sayin’.