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Appeals Court Grants More Legal Protections for Migrants Seeking Asylum
New York Times ^ | March 7, 2019 | Miriam Jordan

Posted on 03/07/2019 6:14:11 PM PST by reaganaut1

LOS ANGELES — Creating yet another roadblock to the Trump administration’s efforts to deport ineligible migrants, a federal appeals court ruled on Thursday that immigration authorities can no longer swiftly deport asylum seekers who fail an initial screening, opening the door for thousands of migrants a year to get another shot in the federal courts to win asylum in the United States.

The ruling broadens constitutional protections for undocumented immigrants at the border and opens a new legal gateway for some of them to appeal for permission to stay in the country, even when an asylum officer and an immigration judge have made a determination that they do not have a credible fear of persecution in their homeland.

“The historical and practical importance of this ruling cannot be overstated,” said Lee Gelernt, deputy director of the American Civil Liberties Union’s Immigrants’ Rights Project, who argued the appeal on behalf of a Sri Lankan migrant who had been turned away at California’s border with Mexico in 2017. He said the ruling “reaffirms the Constitution’s foundational principle that individuals deprived of their liberty must have access to a federal court.”

After dropping precipitously over five decades, the number of migrants intercepted at the southern border — the key indicator of how many undocumented people are entering the United States — is soaring again, driven by an influx of families from Central America fleeing violence and poverty. Immigration authorities received more than 99,000 requests for asylum interviews during the 2018 fiscal year, including more than 54,000 submitted at the southwest border.

(Excerpt) Read more at nytimes.com ...


TOPICS: Government; News/Current Events
KEYWORDS: aliens; asylum; immigration
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The case involved someone from Sri Lanka. I thought refugees were supposed to apply for asylum in the first country they escape to.
1 posted on 03/07/2019 6:14:11 PM PST by reaganaut1
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To: reaganaut1

Great. Just what we need, millions of court cases like these each year.

There would be no way to process them all.

The SCOTUS should step in and stop this nonsense.


2 posted on 03/07/2019 6:20:37 PM PST by DoughtyOne
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To: reaganaut1
They have NO damn right to be in this country!
3 posted on 03/07/2019 6:20:57 PM PST by A strike (I DEMAND my responsibilities!)
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To: A strike

Tough. Do something about it.


4 posted on 03/07/2019 6:23:52 PM PST by CatOwner
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To: reaganaut1

The “federal appeals court” involved is the DESPICABLE 9th Circuit Court of Appeals if you already didn’t figure that out.


5 posted on 03/07/2019 6:24:04 PM PST by House Atreides (Boycott the NFL 100% — PERMANENTLY)
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To: reaganaut1

the title of this post is “9th Circus...” After that there is nothing to say.


6 posted on 03/07/2019 6:28:58 PM PST by AndyJackson
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To: reaganaut1

The Left is intending to collapse the country. Ironic justice would be if they were among the first to die at the hands of the invaders.


7 posted on 03/07/2019 6:29:42 PM PST by Truth29
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To: reaganaut1

The asylum loophole is now widely known and being flagrantly abused. Only Congress can close it....and they never will.


8 posted on 03/07/2019 6:31:05 PM PST by david1292
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To: reaganaut1

Expect another million at the Border next week


9 posted on 03/07/2019 6:32:37 PM PST by butlerweave
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To: CatOwner

“Tough. Do something about it.”

OK, JackA, for starters, just go back where you came from.


10 posted on 03/07/2019 6:34:10 PM PST by A strike (I DEMAND my responsibilities!)
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To: reaganaut1

Long, long opinion.
https://www.courtlistener.com/opinion/4597698/vijayakumar-thuraissigiam-v-usdhs/

“A. Wallace Tashima, M. Margaret McKeown,
and Richard A. Paez, Circuit Judges.”

Let me see who they are...


11 posted on 03/07/2019 6:34:20 PM PST by mrsmith (Dumb sluts: Lifeblood of the Media, Backbone of the Democrat/RINO Party!)
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To: reaganaut1

Who needs laws when you have activist judges who’ll ignore them or invent them?


12 posted on 03/07/2019 6:36:40 PM PST by Blood of Tyrants (Being woke means you can be nasty, hateful and use racist slurs yet feel morally superior.)
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To: DoughtyOne
#2: "The SCOTUS should step in and stop this nonsense."

True. But who will lead the charge? John Roberts, LOL!

By the time these nuisance cases wind there way through the system, hundreds of thousands of grifters will have slipped through the loophole. These are Alinsky tactics, to use our laws against us. Clog the system? The left couldn't be happier.

There needs to be a way to get a speedy ruling on these sorts of issues, or at least a freeze on processing until a definitive decision is made.

Instead SCOTUS will be busy pondering and consternating for weeks over whether kale can be labeled as spinach for purposes of interstate commerce.
 

13 posted on 03/07/2019 6:36:57 PM PST by Governor Dinwiddie
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To: mrsmith

All Clinton appointees.

At least they didn’t make it a nationwide ruling.


14 posted on 03/07/2019 6:38:41 PM PST by mrsmith (Dumb sluts: Lifeblood of the Media, Backbone of the Democrat/RINO Party!)
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To: All

What can be done to stop this lunacy???????????


15 posted on 03/07/2019 6:42:48 PM PST by JBW1949 (I'm really PC....PATRIOTICALLY CORRECT!!!!)
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To: david1292

Yay! More illiterate unskilled labor for the construction industry and the farms!

More on welfare when they hit their 40s and can no longer work like 20 year olds!

More dimmmocrat voters!

More mancured lawns for the rich ‘pubbies!

Everybody wins! /s


16 posted on 03/07/2019 6:42:51 PM PST by QBFimi (It is not your responsibility to finish the work of perfecting the world... Tarfon)
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To: reaganaut1

Start prosecuting asylum seekers for felony perjury, then swiftly deport.


17 posted on 03/07/2019 6:55:36 PM PST by kingu (Everything starts with slashing the size and scope of the federal government.)
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To: reaganaut1

Since when isn’t an immigration court a ‘federal court’ ? And is the judge willing to waive court fees for every appealing rejected asylum seeker? Close the border until further notice. Then nobody can apply and no judge can cry while we deal with the backlog.


18 posted on 03/07/2019 7:04:27 PM PST by blueplum ("...this moment is your moment: it belongs to you... " President Donald J. Trump, Jan 20, 2017)
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To: reaganaut1

Illegals, so called Refugees and Criminals = 1

Law Abiding American Citizens (once again) = 0


19 posted on 03/07/2019 7:08:44 PM PST by Kickass Conservative (Democracy, two Wolves and one Sheep deciding what's for Dinner.)
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To: reaganaut1

9th Circus Court of Appeals.


20 posted on 03/07/2019 7:10:35 PM PST by SharpRightTurn (Chuck Schumer--giving pond scum everywhere a bad name.)
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