Comments by "Scott Farner" (@scottfarner5100) on "Asmongold Clips"
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East Bay Sanctuary vs Trump. Page 21 of the federal courts decision when they reversed Trumps policy of separating children from asylum seekers who crossed the border between check points. "Congress’s determination that place of entry not be disqualifying to an application for asylum is consistent with the treaty obligations underlying §1158’s asylum provisions. Congress enacted the Refugee Act of 1980, including 8 U.S.C. §1158, “to bring United States refugee law into conformance with the 1967 United Nations Protocol Relating to the Status of Refugees, 19 U.S.T. 6223, T.I.A.S. No. 6577, to which the United States acceded in 1968.” Because the Protocol is not “self-executing,” it “does not have the force of law in American courts.” Khan v. Holder, 584 F.3d 773, 783 (9th Cir. 2009). Nonetheless, it provides “a useful guide in determining congressional intent in enacting the Refugee Act.” Id.(citation omitted); see also Cardoza-Fonseca, 480 U.S. at 436-37.Of particular relevance here, Article 31of the Protocol provides: The Contracting States shall not impose penalties, on account of their illegal entry or presence, on refugees who, coming directly from a territory where their life or freedom was threatened in the sense of [A]rticle 1, enter or are present in their territory without authorization, provided they present themselves without delay to the authorities and show good cause for their illegal entry or presence.19 U.S.T. at 6275 (emphasis added).Considering the text and structure of the statute, as well as the interpretive guide of the U.N. Protocol, reveals Congress’s unambiguous intent. The failure to comply with entry requirements such as arriving at a designated port of entry should bear little, if any, weight in the asylum process. The Rule reaches the opposite result by adopting a categorical bar based solely “[a]n alien present in the United States who has not been admitted or who arrives in the United States (whether or not at a designated port of arrival and including an alien who is brought to the United States after having been interdicted in international or United States waters) shall be deemed for purposes of this chapter an applicant for admission.” Inadmissible aliens are generally placed in full removal proceedings"
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@user-jk5um1om8l East Bay Sanctuary vs Trump. Page 21 of the federal courts decision when they reversed Trumps policy of separating children from asylum seekers who crossed the border between check points. "Congress’s determination that place of entry not be disqualifying to an application for asylum is consistent with the treaty obligations underlying §1158’s asylum provisions. Congress enacted the Refugee Act of 1980, including 8 U.S.C. §1158, “to bring United States refugee law into conformance with the 1967 United Nations Protocol Relating to the Status of Refugees, 19 U.S.T. 6223, T.I.A.S. No. 6577, to which the United States acceded in 1968.” Because the Protocol is not “self-executing,” it “does not have the force of law in American courts.” Khan v. Holder, 584 F.3d 773, 783 (9th Cir. 2009). Nonetheless, it provides “a useful guide in determining congressional intent in enacting the Refugee Act.” Id.(citation omitted); see also Cardoza-Fonseca, 480 U.S. at 436-37.Of particular relevance here, Article 31of the Protocol provides: The Contracting States shall not impose penalties, on account of their illegal entry or presence, on refugees who, coming directly from a territory where their life or freedom was threatened in the sense of [A]rticle 1, enter or are present in their territory without authorization, provided they present themselves without delay to the authorities and show good cause for their illegal entry or presence.19 U.S.T. at 6275 (emphasis added).Considering the text and structure of the statute, as well as the interpretive guide of the U.N. Protocol, reveals Congress’s unambiguous intent. The failure to comply with entry requirements such as arriving at a designated port of entry should bear little, if any, weight in the asylum process. The Rule reaches the opposite result by adopting a categorical bar based solely “[a]n alien present in the United States who has not been admitted or who arrives in the United States (whether or not at a designated port of arrival and including an alien who is brought to the United States after having been interdicted in international or United States waters) shall be deemed for purposes of this chapter an applicant for admission.” Inadmissible aliens are generally placed in full removal proceedings"
§1158. Asylum (a) Authority to apply for asylum (1) In general Any alien who is physically present in the United States or who arrives in the United States (whether or not at a designated port of arrival and including an alien who is brought to the United States after having been interdicted in international or United States waters), irrespective of such alien's status, may apply for asylum in accordance with this section or, where applicable, section 1225(b) of this title...
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@user-jk5um1om8l Again you misinterpret the truth. Defendant is charged with violating 8 U.S.C. § 1325(a)(1), which provides, in relevant part, that "[a]ny alien who (1) enters or attempts to enter the United States at any time or place other than as designated by immigration officers . . . shall [be guilty of a misdemeanor]." See ECF No. 1. The Government alleges that on March 3, 2020, a United States Customs and Border Patrol ("Border Patrol") agent encountered Defendant on the side of the road at the intersection of Honey Springs Road and State Route 94, approximately nine miles north of the United States/Mexico International Boundary and approximately ten miles west of the Tecate, California Port of Entry. Id. at 2. The Government alleges that during the agent's immigration inspection, Defendant stated that he is a citizen of Peru, without immigration documents allowing him to enter or remain in the United States legally. Id.
The agent placed Defendant under arrest and took him to the Border Patrol station for processing. Id. The Government alleges that Defendant was advised of his Miranda rights and agreed to answer questions without an attorney present. Id. During custodial questioning, the Government alleges that Defendant stated that he is a citizen of Peru and that he illegally entered the United States on March 1, 2020.
Defendant's case proceeded under the "Streamline" process, which the Department of Justice uses to manage prosecution of misdemeanor charges brought under 8 U.S.C. § 1325
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@Ken-j2u East Bay Sanctuary vs Trump. Page 21 of the federal courts decision when they reversed Trumps policy of separating children from asylum seekers who crossed the border between check points. "Congress’s determination that place of entry not be disqualifying to an application for asylum is consistent with the treaty obligations underlying §1158’s asylum provisions. Congress enacted the Refugee Act of 1980, including 8 U.S.C. §1158, “to bring United States refugee law into conformance with the 1967 United Nations Protocol Relating to the Status of Refugees, 19 U.S.T. 6223, T.I.A.S. No. 6577, to which the United States acceded in 1968.” Because the Protocol is not “self-executing,” it “does not have the force of law in American courts.” Khan v. Holder, 584 F.3d 773, 783 (9th Cir. 2009). Nonetheless, it provides “a useful guide in determining congressional intent in enacting the Refugee Act.” Id.(citation omitted); see also Cardoza-Fonseca, 480 U.S. at 436-37.Of particular relevance here, Article 31of the Protocol provides: The Contracting States shall not impose penalties, on account of their illegal entry or presence, on refugees who, coming directly from a territory where their life or freedom was threatened in the sense of [A]rticle 1, enter or are present in their territory without authorization, provided they present themselves without delay to the authorities and show good cause for their illegal entry or presence.19 U.S.T. at 6275 (emphasis added).Considering the text and structure of the statute, as well as the interpretive guide of the U.N. Protocol, reveals Congress’s unambiguous intent. The failure to comply with entry requirements such as arriving at a designated port of entry should bear little, if any, weight in the asylum process. The Rule reaches the opposite result by adopting a categorical bar based solely “[a]n alien present in the United States who has not been admitted or who arrives in the United States (whether or not at a designated port of arrival and including an alien who is brought to the United States after having been interdicted in international or United States waters) shall be deemed for purposes of this chapter an applicant for admission.” Inadmissible aliens are generally placed in full removal proceedings"
§1158. Asylum (a) Authority to apply for asylum (1) In general Any alien who is physically present in the United States or who arrives in the United States (whether or not at a designated port of arrival and including an alien who is brought to the United States after having been interdicted in international or United States waters), irrespective of such alien's status, may apply for asylum in accordance with this section or, where applicable, section 1225(b) of this title...
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East Bay Sanctuary vs Trump. Page 21 of the federal courts decision when they reversed Trumps policy of separating children from asylum seekers who crossed the border between check points. "Congress’s determination that place of entry not be disqualifying to an application for asylum is consistent with the treaty obligations underlying §1158’s asylum provisions. Congress enacted the Refugee Act of 1980, including 8 U.S.C. §1158, “to bring United States refugee law into conformance with the 1967 United Nations Protocol Relating to the Status of Refugees, 19 U.S.T. 6223, T.I.A.S. No. 6577, to which the United States acceded in 1968.” Because the Protocol is not “self-executing,” it “does not have the force of law in American courts.” Khan v. Holder, 584 F.3d 773, 783 (9th Cir. 2009). Nonetheless, it provides “a useful guide in determining congressional intent in enacting the Refugee Act.” Id.(citation omitted); see also Cardoza-Fonseca, 480 U.S. at 436-37.Of particular relevance here, Article 31of the Protocol provides: The Contracting States shall not impose penalties, on account of their illegal entry or presence, on refugees who, coming directly from a territory where their life or freedom was threatened in the sense of [A]rticle 1, enter or are present in their territory without authorization, provided they present themselves without delay to the authorities and show good cause for their illegal entry or presence.19 U.S.T. at 6275 (emphasis added).Considering the text and structure of the statute, as well as the interpretive guide of the U.N. Protocol, reveals Congress’s unambiguous intent. The failure to comply with entry requirements such as arriving at a designated port of entry should bear little, if any, weight in the asylum process. The Rule reaches the opposite result by adopting a categorical bar based solely “[a]n alien present in the United States who has not been admitted or who arrives in the United States (whether or not at a designated port of arrival and including an alien who is brought to the United States after having been interdicted in international or United States waters) shall be deemed for purposes of this chapter an applicant for admission.” Inadmissible aliens are generally placed in full removal proceedings"
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East Bay Sanctuary vs Trump. Page 21 of the federal courts decision when they reversed Trumps policy of separating children from asylum seekers who crossed the border between check points. "Congress’s determination that place of entry not be disqualifying to an application for asylum is consistent with the treaty obligations underlying §1158’s asylum provisions. Congress enacted the Refugee Act of 1980, including 8 U.S.C. §1158, “to bring United States refugee law into conformance with the 1967 United Nations Protocol Relating to the Status of Refugees, 19 U.S.T. 6223, T.I.A.S. No. 6577, to which the United States acceded in 1968.” Because the Protocol is not “self-executing,” it “does not have the force of law in American courts.” Khan v. Holder, 584 F.3d 773, 783 (9th Cir. 2009). Nonetheless, it provides “a useful guide in determining congressional intent in enacting the Refugee Act.” Id.(citation omitted); see also Cardoza-Fonseca, 480 U.S. at 436-37.Of particular relevance here, Article 31of the Protocol provides: The Contracting States shall not impose penalties, on account of their illegal entry or presence, on refugees who, coming directly from a territory where their life or freedom was threatened in the sense of [A]rticle 1, enter or are present in their territory without authorization, provided they present themselves without delay to the authorities and show good cause for their illegal entry or presence.19 U.S.T. at 6275 (emphasis added).Considering the text and structure of the statute, as well as the interpretive guide of the U.N. Protocol, reveals Congress’s unambiguous intent. The failure to comply with entry requirements such as arriving at a designated port of entry should bear little, if any, weight in the asylum process. The Rule reaches the opposite result by adopting a categorical bar based solely “[a]n alien present in the United States who has not been admitted or who arrives in the United States (whether or not at a designated port of arrival and including an alien who is brought to the United States after having been interdicted in international or United States waters) shall be deemed for purposes of this chapter an applicant for admission.” Inadmissible aliens are generally placed in full removal proceedings"
§1158. Asylum (a) Authority to apply for asylum (1) In general Any alien who is physically present in the United States or who arrives in the United States (whether or not at a designated port of arrival and including an alien who is brought to the United States after having been interdicted in international or United States waters), irrespective of such alien's status, may apply for asylum in accordance with this section or, where applicable, section 1225(b) of this title...
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