Saturday, October 1, 2011

Ninth Circuit Submits To Constitution

Barak Hussein Obama and Janet Reno Napolitano do not. In a recent immigration case involving Michael Planes, a convicted felon seeking to avoid deportation by claiming he cannot be deported until all his appeals have run, the Ninth Circuit Court of Appeals, usually known as the Ninth Circus, in an unusual submission to the Constitution, recognized that Congress makes the laws of the United States and that courts do not:

Planes also urges that a plain-language interpretation of § 1101(a)(48)(A) would lead to unfair results because an alien could be “convicted” and removed from the United States even when an appeal as of right was pending. He asserts that if the alien obtained appellate relief outside of the ninety-day period for filing a motion to reopen, 8 C.F.R. § 1003.2(c)(2), or if the petitioner were number-barred from filing a motion to reopen, see id., the BIA would lack jurisdiction over such a motion and therefore could not provide any relief, see id. § 1003.2(c)(2), (d).

This argument also fails. Regardless of our view on the wisdom or efficacy of Congress’s policy choices, we are not free to read in additional elements where the legislature has declined to include them. Jones v. Bock, 549 U.S. 199, 216-17 (2007). “No mere omission, no mere failure to provide for contingencies, which it may seem wise to have specifically provided for, justify any judicial addition to the language of the statute.” United States v. Goldenberg, 168 U.S. 95, 103 (1897).

This is in contrast to the decision by the Obama Regime to ignore Acts Of Congress and administer its own amnesty for illegal aliens in a direct Constitutional challenge, and, quite frankly, a Constitutional coup d'etat. Certainly a greater threat to the Constitution that Iran Contra.

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