Posted on 03/17/2019 10:11:51 PM PDT by Liz
It is not a crime for an illegal immigrant to use fake federal documents to obtain a legitimate state license, according to a remarkable ruling issued this week by an Obama-appointed judge in south Florida.
The defendant, 38-year-old Rubman Ardon Chinchilla, was among 20 people arrested several months ago in a scheme that used bogus immigration documents in driver’s license applications. The man who masterminded the operation, a naturalized U.S. citizen from Cuba, has been charged with fraud.
Chinchilla, a Honduran national, has lived illegally in the U.S. for decades, according to a local newspaper report, and has three American-born children. He works as a roofer and lives in the Broward County city of Ft. Lauderdale. After getting busted using a phony version of a federal document known as an Order of Supervision to get a Florida license, he got indicated with two counts of violating federal law.
The illegal immigrant’s attorneys challenged the charges, asserting that the Florida Department of Highway Safety and Motor Vehicles doesn’t even allow driver’s license applicants to use an Order of Supervision as proof of legal status in the U.S.
In their argument they cited a case in which a California appeals court threw out the conviction of a Chinese man who got two driver’s licenses while living in the U.S. commonwealth of the Northern Mariana Islands.
U.S. District Judge Beth Bloom, appointed to the bench in 2014, agreed and threw out the criminal charges against Chinchilla. Siding with the illegal alien’s attorneys, Bloom proclaimed that there is no actual law allowing the federal Order of Supervision form to be used to prove “authorized stay in the United States.” The bizarre reasoning will allow others involved in the recent south Florida fake document sting to use the same argument to avoid justice.
The local newspaper article cited earlier in this piece writes this: “It’s a highly technical legal argument, but it’s opening the door for the others arrested in the sting to beat their cases, and maybe even stay in the United States.” Another illegal immigrant arrested along with Chinchilla, Jeovanny Gutierrez Nuñez, is already using Judge Bloom’s decision to get his charges dropped.
Federal prosecutors plan to appeal Chinchilla’s case and his lawyers claim that if Bloom’s ruling stands, it will allow the illegal alien to get legal papers because his record will remain clean and he has three U.S.-born kids.
This marks the second controversial ruling for Bloom in her short time on the federal bench. In December the Obama judge determined that Broward County public schools and the Broward County Sheriff’s Office had no legal duty to protect students during the February 2018 shooting at Marjory Stoneman Douglas High School. Seventeen people were killed and 17 others were injured at the Parkland, Florida school when a former student opened fire on the campus. A lawsuit filed by 15 students named the district and sheriff’s office among six defendants, along with school deputy Scot Peterson and a campus monitor.
In the complaint, the students claimed their civil and due process rights were violated by the defendants’ failure to protect them from school shooters. Bloom ruled the school district and county law enforcement agency had no constitutional duty to protect students who were not in custody.
“The claim arises from the actions of [shooter Nikolas] Cruz, a third party, and not a state actor,” she wrote in the decision. “Thus, the critical question the Court analyzes is whether defendants had a constitutional duty to protect plaintiffs from the actions of Cruz.”
Here’s another Jurist that needs to be taken out and horse-whipped!
The ghost of O bass hole, remains.
The agenda is the source of their law.
WTF! You American Citizens try that -—— 6 months for sure!
The judge needs to be disbarred and removed from the bench, and jailed.
Clear violation of his oaths to uphold the law.
I would encourage the citizens to forcibly remove the bastard. Rope and tree would work.
But let one of US do that and this Black-Robed Judiciarch would put us in prison for at least ten years.
And i say that bdcause if the judge isnt going to uphold the law he cant demand any citizen follow it.
He needs to be gone one way or another.
Thanks Liz. Unfit for the bench, but that's redundant, she was appointed by Obama.
TigersEye ruling: U.S. District Judge Beth Bloom is guilty of a high crime against the republic and the state of FL.
The Barackalypse continues.
Her. Beth. Judge Beth Bloom.
I have been around a while, and I have yet to hear of a female judge who rules by following precedent more than her own vague notions of who should "win" by whatever excuses she can concoct at the moment. They get some right from time to time, but overall, I have yet to follow one that I can consistently respect for their jurisprudence.
(However, I believe that she was correct in the Broward County school shooting ruling. There is no duty to defend, no matter how "nice" it sounds or how much we wish to pretend that it is so.)
Didn’t Chief Justice Roberts (thanks Bush Junior) lecture us/Trump recently, saying there was no such thing as an “Obama Judge” and that all his fellow black robed super-legislators were just great folks?
Falsifying documents is a very serious offense and is generally classified as a felony. This means that a person charged with falsifying documents may be subject to the following legal penalties: Having to pay a monetary fine;Incarceration in a prison facility
Depending on the gravity of the offense, as well as individual state laws, falsifying documents can result in a prison sentence of 5-10 years.
Also, if government documents or authorities were involved, the legal penalties may be more severe. Legal penalties may increase with repeat offenses. The penalty for falsifying government documents is outlined in the Crimes Act of 1958.
REFERENCE--Falsifying Government Documents. involves altering, changing, or modifying a document for the purpose of deception.......can also involve forgery and/or passing copies of false documents. Falsifying documents is usually done in connection with broader criminal aims, such as extortion, government fraud, tax evasion, money laundering, financing terrorism........
Types of documents commonly falsified may include:
◾Tax returns and income statements
◾Personal checks
◾Bank account records
◾Business record keeping books
◾Immigration documents (such as visas, passports, etc.)
◾Identification cards and birth certificates
Many different types of acts can be considered as falsifying a document, including:
◾Altering or misrepresenting factual information such as prices or monetary amounts
◾Stating false information when requested to provide truthful statements
◾Forging a signature
◾Using official letterheads without authorization
◾Concealing assets or property WRT obtaining federal/state grants))
◾Knowingly using or distributing a fake document
A person can only be held criminally liable if they are deliberately acting with the intention of deceiving or defrauding another party.
Yes....he did.
Gee, I always thought acquiring and presenting fake documents to get what wasn’t legally yours to get, was considered fraud. I think I’ll rustle myself up some fake federal/state documents to get myself a liquor license, or an electrician’s license, or a nursing license, and see how far that gets me.
#12. You are correct but many of Obama’s appointments as judges don’t give a damn about how the law is. They make their own law so I hope it reaches the Supreme Court. Nothing like getting your professional ass whipped by the Supremes in a good majority decision.
It makes one’s judicial career tenuous and a possible cause for being demoted or removed.
but they still are illegal,no ? It seems they should still be held over for DHS.
Scotus ruled there is no duty to defend. She just ruled the way scotus did. Her ruling wouldve gotten overturned.
And there isnt. But at thesame time then they shouldnt demand people disarm themselves either.
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