Saturday, February 25, 2012

Three Ring Circus

I am getting more than a little tired of the unscrupulous tactics employed by our government.  Why can’t they just leave us alone?  Graciela forwarded me a copy of the DHS Opposition to Motion to Terminate and I read it, knowing it would be ugly.  Boris Badenov stated in his “FACTS” section that Alberto came to the attention of the USICE after he assaulted someone with a rock then he listed each and every injury suffered by the victim.  It is ridiculous how they seem bound and determined to paint Alberto in the worst light.  They must be trying to exploit the human brain by repeating something enough times so that someone will believe it’s true.  In an attempt to cover his own posterior, Boris then filed an I-261 (Additional Charges of Inadmissibility / Deportability) with his Opposition.  What charge could he possibly add to this farce?  Well, interestingly enough the additional charge against Alberto is INA § 212(a)(7)(A)(i)(I):

Any immigrant who, at the time of application for admission is not in possession of a valid unexpired immigrant visa, reentry permit, border crossing identification card, or other valid entry document required by the Immigration and Nationality Act, and a valid unexpired passport, or other suitable travel document, or document of identity and nationality if such document is required under the INS regulations.
A waiver is available under INA §212(k) where the Attorney General is satisfied that the exclusion was not known to, and could not have been ascertained by the exercise of reasonable diligence by, the immigrant before the time of departure of the vessel or aircraft from the last port outside the United States and outside foreign contiguous territory or, in the case of an immigrant coming from foreign contiguous territory, before the time of the immigrant's application for admission.

 What the hell immigration?  You paroled him into the United States for Prosecution; of course he’s not going to have a visa or other proof of lawful entry!  He was arrested at the border because of the active warrant, and the only reason he was “seeking admission” was because you stated if he said as much he could adjust status here!  Now someone please tell me how the actions of the DHS in recent months have resembled anything slightly ethical?  Sounds like a rampant lack of morals to me, not that my opinion seems to matter.  In the future Boris and his ilk will all have to answer to a higher power, I wonder how they will justify these abuses of power over their fellow man?

Shortly after reading the Opposition for the 8th time, Graciela forwarded me a copy of Judge Whatshisface’s decision.  I was shocked speechless; he actually made a decision?  In truth it is classified as a decision through a technicality. The ruling stated:

Motion Denied:  Even if respondent has not been convicted of a CIMT, he still has a 212(a)(7)(A)(i)(I) charge pending.”

Based on that ruling, I would say Boris filed the I-261 at the behest of the judge!  I should hope that no one else is ever put at the mercy of Boris Badenov and his bola de payasos.  In an attempt to lighten the mood, I said as much to Graciela and also stated that Lance better have his tuxedo, top hat, and whip ready to take over this three ring circus.  If I was a little quicker on my feet and not afraid of public speaking, I might have made a decent standup comedian.  Graciela appreciated the imagery, and wondered about how I was able to see the humor in all this balderdash.  I told her that if I started to take USICE too seriously I would never be able to stand against them.  They will find me a formidable foe for as long as they continue this charade.

Lance’s reply to the Opposition made me smile as usual.  He takes on the  slightly scolding tone of a parent chastising their teenager for not thinking of the consequences of their actions. 

DHS, however, has only made blind assertions and has not pointed out any precedential authority to support its contention…  DHS’s arguments are erroneous and contrary to the law.
It attempts to prejudice the Court by accusing Respondent of actions for which the State of Minnesota convicted someone else.  Respondent was convicted, not of assaulting any victim, but of disturbing the peace by intentional act or threat of unlawful force, by associating with someone whom had a weapon or know that another had a dangerous weapon.  Respondent was not convicted of physically injuring anyone.  In fact, Respondent was convicted of being present while someone else disturbed the peace through acts of violence.  DHS attempts to muddy the water by citing strong language from the police report of acts the respondent did not commit…

I’m not going to quote the whole thing here of course, but I loved every sentenced of it.  The government’s Opposition had 8 pages of fabrications to Lance’s 2 pages of verifiable facts.

I hope that Alberto doesn’t become too upset when I tell him about this on Sunday morning.  He’s starting to become disheartened, and it hurts me to see him this way.  I hope to have more fun things to tell him on Tuesday, so I’ll make a study of Ashley and describe a day with her to him.



“The most glorious moments in your life are not the so-called days of success, but rather those days when out of dejection and despair you feel rise in you a challenge to life, and the promise of future accomplishments”
Gustave Flaubert



Ciao

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