When I started this blog long before 2001 it had the theme, “What if he was a foreigner?” The concept was to show how celebrity Americans who committed crimes would have ended up – usually deported – if they were not Americans. I apply the same treatment to Mr. Shéyaa Bin Abraham-Joseph who is not an American, having been born in England. Mr. Bin Abraham-Joseph, or is it Mr. Abraham Joseph or Mr. Abraham or Mr. Joseph (no matter what…

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Is this any way to support a lawsuit?

Sunday, January 20th, 2019

President Trump, on March 12, 2018, declined to extend Temporary Protected Status (TPS) for El Salvador, Haiti, Sudan and Nicaragua. He declared, in effect, that it is safe for those with the status to go home. TPS is found in the Immigration and Nationality Act § 244, which discusses the designation of worthy countries here. (Take a quick look and come on back). On October 3, 2018, after the filing of a lawsuit, a federal district court temporarily halted the…

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This is yet another week where the huge news overshadows the big news. With a government shutdown, Syria and Afghanistan withdrawal, a stay of new credible fear rules, the stock market tanking, Mattis quitting, and criminal justice reform, you may have overlooked the story of a new policy of applicants for admission to the United States waiting in Mexico until their cases are resolved. By way of background, people who come to a border inspection station, airport, or seaport, to…

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In a case filed December 4, 2018, a Ninth Circuit Court of Appeals panel decided in USA v. Sineneng-Smith that the criminal statute, INA § 274(a)(1)(A)(iv), is unconstitutionally over-broad in violation of the First Amendment because it criminalizes a substantial amount of protected expression in relation to its narrow band of legitimately prohibited conduct and unprotected expression. The statute states: Any alien who encourages or induces an alien to come to, enter, or reside in the United States, knowing or…

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