Posted on 9/3/2011, 4:52:47 AM by Libloather
Years-long immigrant detentions unconstitutional, appeals court rules
By Bill Mears, CNN Supreme Court Producer
September 01, 2011
Prolonged imprisonment of immigrants fighting deportation -- without giving them bail hearings and without forcing the government to justify the detention -- is unconstitutional, a federal appeals court ruled Thursday.
Senegalese native Cheikh Diop had been in custody for more than two years and 11 months because of an old drug conviction. Under federal law, that meant he could be held in custody without a set time limit. The three-judge panel from the 3rd Circuit U.S. Court of Appeals in Philadelphia said that policy -- at least in this case -- violated Diop's rights.
"There can be no question that Diop's detention for nearly three years without further inquiry into whether it was necessary to ensure his appearance at the removal proceedings or to prevent a risk of danger to the community, was unreasonable and, therefore, a violation of the Due Process Clause," said the 23-page ruling.
The decision applies only to immigrant detainees within the federal circuit covered by Pennsylvania, New Jersey, Delaware, and the U.S. Virgin Islands.
(Excerpt) Read more at articles.cnn.com ...
Our “government”, especially our so called “courts” are out of control. JUST DEPORT THE BASTARDS!
How much “fighting deportation” needs to be humored by our left-wing Judges ?
To this humble poster, seems like no proof of U.S. citizenship, in the country without a visa, arrived here from another country: that’s kind of like a legal checkmate. Game over, buh-bye. There is nothing logical left to argue about.
Congress needs to pass a law that fast-tracks deportations. It could have some wording to the effect of deporting anyone from countries that have declared war against us publicly. It wouldn’t take long to put a list of countries together. And the law needs to require States, counties and municipalities to hand over anyone who fits the bill immediately.
The Constitution should have explicitly stated that no one but a U.S. citizen has any Constitutional protections or rights in the U.S. at all.
IMHO.
He is not being “indefinitely detained”. He can go back to Senegal anytime he wants. Case closed.
I’m all for deporting these judges.
IMHO...
When you think about the numbers, America can’t handle asylum requests except for public figures, or spies we had working for us, etc. That type of asylum request can always be handled, since the numbers are small, and it has to do with America doing the honorable thing.
But there are billions of people living all over the world under harsh regimes that would kill them at the drop of a hat for uttering one peep against the regime, or even just for kicks. Anyone in China who was disgruntled, if they escaped and came here, would be subject to some nasty treatment if they went back to China. Well, that is potentially hundreds of millions of people. We just can’t accept half the Chinese population, or half the population of Sudan, or any country for that matter into our country. It numerically won’t work, it’s too many people that don’t fit in. They very often think contrary to American principles and are unemployable to the point of not being able to support themselves. IMHO, that’s a recipe for societal disaster. We have to start turning people back and simply advising people around the world to change their own countries - on their own - to adopt our principles. Because... they work. And that’s why America is such a desireable place to get to. But numerically, the rest of the world is going to have to improve itself. We have to stop sending food. Seriously. They must be forced to feed themselves. They can’t start out programming computers, they have to get to the point of successfully herding goats first. And growing beans. Etc.
Like Sam Kinison used to say...
First and foremost, roll back the court's powers by putting in real tort reform. When courts have no limit as to the takings they may seize, there is in reality no limit to their powers. By limiting judgments, congress reasserts the power over the courts and brings them back in line - not to mention limiting liability and lowering insurance costs at the same time.
Uhh you know we could just send them back.
We need to stop electing these tone-deaf politicians like Rick Perry into office.
Please mate - he is housed, fed and gets three squares a day, all on the tapayers dime, with just as much liberty as he’d have in his home country. He’d be an idiot to go home.
Sarc tag should go here, but I ain’t sure if I am being sarcastic.
Why do you find it necessary to continue to highjack threads that have nothing to do with Rick Perry and post your anti-Perry comments? ...It’s really tiresome to see your’s and a handful of others’ constant bashiing of Perry on miniscule issues.
Why don’t you and your group declare who your candidate of choice is? ...Afraid that other FReepers might just totally destroy your choice using common sense and logic?
Seems to me that a one-way ticket back to wherever would be quicker, cheaper and help clear the overcrowded docket.
Quick administrative hearing and, yer outta here.
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