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Unusual Supreme Court vote rules illegal immigrant can avoid deportation on technicality

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Filed: Citizen (apr) Country: Russia
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Interesting decision from SCOTUS on this case.  I love the slap down to bureaucracy.

 

Unusual Supreme Court vote rules illegal immigrant can avoid deportation on technicality

 

The Supreme Court on Thursday ruled in favor of an illegal immigrant who was facing deportation, stating that they are entitled to discretionary relief because the government did not follow the rules.

Federal law says that an illegal immigrant in such a situation can avoid deportation at the attorney general's discretion if they have been in the U.S. for at least 10 years. The clock officially stops when they receive "a notice to appear" with information about their hearing. But in cases like plaintiff Agusto Niz-Chavez's, the government sent multiple documents containing different pieces of information. The court's majority ruled that because the law says "a" notice, that means it must be a single document.

 

https://www.foxnews.com/politics/supreme-court-vote-ruling-immigrant-avoid-deportation

Visa Received : 2014-04-04 (K1 - see timeline for details)

US Entry : 2014-09-12

POE: Detroit

Marriage : 2014-09-27

I-765 Approved: 2015-01-09

I-485 Interview: 2015-03-11

I-485 Approved: 2015-03-13

Green Card Received: 2015-03-24 Yeah!!!

I-751 ROC Submitted: 2016-12-20

I-751 NOA Received:  2016-12-29

I-751 Biometrics Appt.:  2017-01-26

I-751 Interview:  2018-04-10

I-751 Approved:  2018-05-04

N400 Filed:  2018-01-13

N400 Biometrics:  2018-02-22

N400 Interview:  2018-04-10

N400 Approved:  2018-04-10

Oath Ceremony:  2018-06-11 - DONE!!!!!!!

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Filed: Citizen (apr) Country: Ecuador
Timeline

Wow -- but words mean things.

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

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Filed: Citizen (apr) Country: Kenya
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My secondary school motto was "Use Common Sense." I do not know which wise person came up with it, but this is what I always use to govern my action everyday.

I fail to understand American laws sometimes eg. a thief whose life you spared can get an attorney to sue you for injury he incurred when you spared his life by tripping him. A whole learned attorney will take this case and defend it.  

 

That being said, I just live my life by the motto above 😁.

Immigration journey is not: fast, for the faint at heart, easy, cheap, for the impatient nor right away. If more than 50% of this applies to you, best get off the bus.

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Filed: Citizen (apr) Country: Kenya
Timeline

In a few years to come, nothing or even the law will not make sense anymore as anyone can take it and interpret it they way they want, instead of what it literary means e.g literary speaking, a thief is anyone who breaks/ walks into your home. However, a thief will defend himself and say he just walked in, was still scouting the place and had not yet left your front door with any property. As such, the term "thief" does not apply to him. He should be called a "wanderer." Basically, we should just let him come in, walk around while we monitor and only confront him when he attempts to pass your front door with your utensils.

Immigration journey is not: fast, for the faint at heart, easy, cheap, for the impatient nor right away. If more than 50% of this applies to you, best get off the bus.

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