Wednesday, August 18, 2010

The Immigration Court Amnesty

The Obama Regime Administrative Amnesty has many aspects. One is non-feasance by the Obama Regime, just not arresting illegal aliens. Another is catch-and-release, arresting an illegal alien, but immediately releasing that illegal alien with the full knowledge that no effort will be made to re-arrest the illegal alien if he or she fails to appear at their hearing before the Executive Office For Immigration Review (EOIR), commonly but inaccurately called immigration court. A third aspect of the Administrative Amensty is re-interpreting establish law and policy in favor of illegal aliens. The Obama Regime attempted this with its draft memorandum circulated at US Citizenship and Immigration Services that proposed redefining most illegals as eligible for legal permanent residency.

The fourth option of the Obama Regime Administrative Amnesty is that exercised in the EOIR where aliens placed in removal proceedings win their first challenge to their removal before a Hearing Officer. Usually, if an illegal alien wins the first hearing, then the Department of Homeland Security (DHS) appeals the decision to the Board of Immigration Appeals (BIA), and if there is a loss there, to the Attorney General, who can overturn a BIA decision. The new aspect of the Administrative Amnesty is to not follow up any adverse decision with an appeal. We learned this from the failure of DHS to appeal the absurd decision by Hearing Officer Leonard Shapiro who granted asylum to Obama's aunt Zeituni Onyango. The decision to not appeal was clearly part of the Obama Amnesty, offering multiple attempts at asylum in violation of the law. This sets precedent for other illegals to continuously appeal in hopes of remaining and eventually obtaining a decision in their favor.

Obama's aunt is not the only beneficiary of this policy of not appealing the decisions of Hearing Officers. Jose Manuel Gonzalez-Sandoval is another beneficiary. He is a felon with multiple convictions and a legal permanent resident:

Pinal Shooting Suspect Was Subject Of Deportation Hearing

by Lindsey Collom - Aug. 18, 2010 02:11 PM The Arizona Republic

Authorities say a man accused of shooting at deputies earlier this week was the subject of deportation proceedings earlier this year.

Jose Manuel Gonzalez-Sandoval, 38, is accused of violating an order of protection at his ex-wife's home in Arizona City and shooting at two Pinal County Sheriff's deputies who tried to make contact Monday evening. He remains on the loose.

He was placed in removal proceedings, but obtained a favorable decision by the Hearing Officer. Obviously a bogus claim that his U.S. citizen wife or children would be hurt by his deportation. Since he was a professional criminal and spent most of his time committing crimes or in jail, it is not known how his family would be hurt by his deportation, except for the loss of income from crime.

Immigration and Customs Enforcement officials say Gonzalez-Sandoval, a Mexican citizen, is a lawful permanent resident of the United States.

Vincent Picard, an ICE spokesman in Phoenix, said the agency sought to revoke Gonzalez-Sandoval's residency status following convictions for multiple violent crimes. Authorities say he has 15 prior criminal cases.

In March, an immigration judge ruled in favor of Gonzalez-Sandoval and canceled the removal proceedings, Picard said. Details were not immediately available Wednesday.

The Sheriff's Office said Gonzalez-Sandoval was booked into the Pinal County Adult Detention Center on an outstanding warrant July 14 and turned over to ICE for deportation. He was later released.

On July 17, deputies were called to his ex-wife's Arizona City home on reports that he violated a protection order. Sheriff's officials say deputies found Gonzalez-Sandoval nearby in his vehicle but that he sped away when they tried to make contact. The pursuit reached speeds above 100 mph and was called off due to Gonzalez-Sandoval's "blatant disregard for public safety," a Sheriff's Office statement said.

"This foreign-born criminal was in a gunfight with two of my deputies and previously fled from us at speeds over 100 mph," Sheriff Paul Babeu said. "This dangerous criminal has an extensive rap sheet and should have been deported. Why are we allowing these violent non-citizen criminals sanctuary in America?"

Of course, Gonzalez-Sandoval went on to commit more crime and is again in custody, thanks to the Obama Regime Administrative Amnesty non-appeal policy and Catch-and-Release. A two-fer for the Obama Regime. If the Obama Regime had appealed the March decision, Gonzalez-Sandoval would instead be still in custody waiting for a decision by the BIA. Instead is is on the streets, committing more crimes and endangering the public. So much for the Obama Regime's vaunted emphasis on deporting dangerous criminals. But the goal of all these policies is the same, more illegal aliens allowed to remain in hopes of a formal amnesty sometime in the future.

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