Saturday, August 12, 2017

More Deep State Operatives At The Department Of Justice Strike At President Trump

No sooner than I decried the ongoing Deep State judicial and quasi-judicial attacks on President Trump in the area of immigration law enforcement than the highest level of the immigration bureaucracy, the Board Of Immigration Appeals (BIA), struck openly at President Trump and Attorney General Jeff Sessions. The BIA is the final administrative appeal for immigration cases, with the exception of the Attorney General.  It is part of the Executive Office For Immigration Review (EOIR) and similarly the BIA is part of the Executive Branch of government, and is consequently subordinate to the President, through the Attorney General.  An executive agency, it is supposed to serve the policy of the President and is not independent.  However, the EORI and the BIA are in open revolt against President Trump and AG Sessions.  In case after case, the saboteurs at the EOIR and BIA are openly aiding illegal aliens to remain in the United States.

The most flagrant case was that of long time illegal alien, Romulo Avelica-Gonzalez who was the beneficiary of a concerted campaign by the Lying Press to get him released from custody after he was arrested.  The reason for the campaign, he was arrested a few blocks from one of his anchor babies' school.  A Federal court reviewed his claims and rejected those claims without comment, however saboteurs in the BIA stopped his deportation.

Romulo Avelica-Gonzalez, an undocumented Los Angeles father facing imminent deportation has been granted a temporary stay of removal. Avelica-Gonzalez, 49, became the subject of international headlines after he was arrested by federal immigration authorities while dropping his daughters off at school in February.
Avelica-Gonzalez has lived in the U.S. for more than 20 years and has four U.S.-born children. He has been in custody at an immigrant detention center in Adelanto, California for more than five months, since his arrest on February 28. He was facing imminent deportation as of Monday after the expiration of a Ninth Circuit Court of Appeals stay that had previously been in place.
The Board of Immigration Appeals granted Avelica-Gonzalez an emergency stay of removal on Monday, which will prevent his removal from the country while the BIA reviews his case, according to his lawyers.
[L.A. Father Romulo Avelica-Gonzalez Granted Temporary Stay Of Removal, by Julia Wick, LAist, August 7, 2017]


Illegal Alien Romulo Avelica-Gonzales, Also Known As The Rat, Beneficiary Of Rogue Kritarchs



Then the BIA took a further unprecedented step, despite the fact there was no basis for any review of the outstanding deportation order, it overturned a deportation order, and with no basis in the law. Avelica-Gonzalez was an illegal alien with no legal avenue to remain in the United States.

An immigration appeals court this week threw out the final deportation order for Romulo Avelica-Gonzalez, who was detained in late February minutes after he dropped his daughter off at school in Lincoln Heights.
His lawyer said the case will be kicked back to the local immigration court that initially ordered that he be deported. That means Avelica-Gonzalez, 49, is still in deportation proceedings, but it could take years for a judge to enter a new decision.
An official with U.S. Immigration and Customs Enforcement said the agency can no longer comment on Avelica-Gonzalez’s case because of his pending U visa application.
Avelica-Gonzalez, a Mexican citizen, has lived in the United States for 25 years. ICE agents arrested him Feb. 28, minutes after he dropped off his daughter Yuleni, 12, at school. Another daughter, Fatima, now 14, sobbed as she recorded cellphone video of the encounter, which went viral.
The case drew national attention, with critics citing it as an example of President Trump’s aggressive and sweeping stance on illegal immigration. 
[Appeals Court Throws Out Deportation Order for Man Detained by ICE After Dropping Daughter Off at School, by Andrea Castillo, LA Times, August 10, 2017]

This case was nothing more than an attempt by the Lugenpresse to lobby for the release of an illegal alien and a Deep State attack by kritarchs on President Trump's immigration enforcement policies. Such policies are at the sole discretion of the President, and no Article III judge can interfere with that, much less a Department of Justice (DOJ) bureaucrat.  However, the number of such cases of sabotage are increasing.

A Honduran woman and her 3-year-old son who spent nearly two years in a Pennsylvania center used by the U.S. government to house asylum-seeking immigrants have been freed by a judge.
NewsWorks reports a York County immigration judge ordered the immediate release of Wendy Osorio Martinez and Diego Rivera Osorio after a hearing Monday.
They were among four families held at the Berks Family Residential Center. Their detentions have sparked protests, a hunger strike and letters from politicians seeking their release.
The judge took into consideration two recent federal court opinions that children apprehended near the U.S.-Mexico border have due-process rights.
[Honduran Mom, Son Freed From Center Housing Immigrants In US, by AP, Houston Chronicle, August 8, 2017]

Note that the immigration judge used decisions by kritarch Dolly Gee to justify releasing the minor illegal alien, then using that to release the mother, neither of whom should be in the United States, but should have been deported immediately after they were arrested on the Mexican border.  This is certainly unique, a quasi-kritarch using a real kritarch to rationalize insubordination and illegal action in violation of policy set by the President in an area of law he is supreme in.

This just tells us the Attorney General Sessions must take more action to reign in the quasi-kritarchs under his authority and jurisdiction.  AG Sessions must immediately overturn the decisions involving Martinez and Avelica-Gonzalez, as it is within his authority and jurisdiction.  He must act to see that both are immediately deported as an example to other illegal aliens who are using the news of the sabotage of the President Trump's immigration enforcement policy to return to crossing the border illegally in hopes of remaining.

AG Sessions has taken some administrative action to reign in saboteurs among the immigration judges in the EOIR.

Yesterday, with little fanfare, the Executive Office for Immigration Review (EOIR), the Department of Justice (DOJ) agency with authority over the immigration courts, issued an operating policies and procedures memorandum (OPPM) to curb the number of continuances that immigration judges (IJs) issue. 
[DOJ Moves to Curb Continuances in Immigration Court, by Andrew Arthur, Center for Immigration Studies, August 1, 2017]

However, AG Sessions' move to prohibit the abuse of continuances by Immigration Judges seeking to sabotage the immigration court system is only a minor step.  AG Sessions must also move against the BIA and individual judges who are sabotaging immigration enforcement in individual cases.  AG Sessions has the authority to review every decision by the BIA and individual Immigration Judges, he should act expeditiously to overturn decisions that interfere with the timely and judicious enforcement of immigration laws.  Time for Sessions to act now and put the BIA and Immigration Judges in their proper place, they administrate the President's immigration policies, not act as rogue kritarchs administering their own amnesty.

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