Scott Farner
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Comments by "Scott Farner" (@scottfarner5100) on "BREAKING NEWS: Chip Roy Emphatically Lays Out Case Against Sec. Mayorkas Ahead Of Impeachment Vote" video.
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@pdgarciac 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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@melindamorgan4879 No requirements in international treaty and in the statute you are trying to claim in your ignornace. "pursuant to a bilateral or multilateral agreement"
(2) Exceptions
(A) Safe third country
Paragraph (1) shall not apply to an alien if the Attorney General determines that the alien may be removed, pursuant to a bilateral or multilateral agreement, to a country (other than the country of the alien's nationality or, in the case of an alien having no nationality, the country of the alien's last habitual residence) in which the alien's life or freedom would not be threatened on account of race, religion, nationality, membership in a particular social group, or political opinion, and where the alien would have access to a full and fair procedure for determining a claim to asylum or equivalent temporary protection, unless the Attorney General finds that it is in the public interest for the alien to receive asylum in the United States.
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