Tuesday, February 8, 2011

I have An Idea: Why Not Just Deport His Fat Ass?

Here is another reason why we need to have more Sheriff Arpio's, Arizona immigration laws and common sense regarding illegals being in the country illegally. From Fox News: A Virginia judge has openly defied his state's Supreme Court, ignoring a key immigration ruling in order to reopen the case of an immigrant slated for deportation.
In a move that stunned attorneys involved in the case, Loudoun County District Court Judge Dean Worcester declared last week that he would not heed a January opinion by the Virginia Supreme Court. That ruling said judges could not use a certain legal provision to revisit convictions for immigrants who claim their attorneys did not tell them they could be deported. ...

The case in question involved an immigrant who pleaded guilty to a misdemeanor larceny charge in 2005. He was originally charged with a felony count but as a result of the plea agreement received a suspended sentence of 12 months in jail -- meaning he did not serve time. However, according to the court he was never told by his attorney that his conviction could have ramifications for his immigration status. Sure enough, the federal government in September 2010 ordered him deported to Peru.
Because he was not in custody, the defendant could not challenge his treatment on a habeas corpus claim. Under Virginia law, the window also had long since passed to file a motion to reopen the case. So the defendant, Edgar Cabrera, pursued an avenue which had been used by other immigrants facing deportation -- citing a "writ of error" claiming he received ineffective counsel in violation of the Sixth Amendment.
Backing up this defense was a U.S. Supreme Court ruling a year ago, Padilla v. Kentucky, which held that an attorney "must inform a client whether his plea carries a risk of deportation."
But the Virginia Supreme Court came back last month and ruled that the "reliance on Padilla is misplaced." Further, the court said defendants can only challenge their case on these grounds by citing an error that would have prevented a judgment.

http://www.foxnews.com/politics/2011/02/08/virginia-judge-defies-higher-court-revisit-case-immigrant-set-deportation/?test=latestnews
So, this illegal alien thug gets his ass arrested, gets sentenced, faces deportation and then cries to a judge that he should not leave the country because his lawyer wasn't very good.
Here is some common sense for the judge and defense lawyer in this case: He's here illegally. He broke the law by being here. Throw his ass back to where he came from. It's a very simple concept. There is no gray area here.
Maybe the prosecution needs a lawyer like Sam Kinson:


Maybe if Sam was still alive, he could go to the judge and beat some common sense into this judge and defense lawyer. They certainly need it.

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