A federal judge in Nevada has ruled that
the federal government is not legally obligated to provide reason as to why the
plaintiff’s wife, a grandmother and farm worker in Mexico, has not been allowed
into the United States for over two decades based on alien
smuggling rules. As reported by reviewjournal.com, the judge declared that
no explanation was owed say immigration lawyers that were present when the
ruling was passed.
The immigration attorney that filed the
lawsuit represented 69 year old Jose Isabel Esparza-Munoz who works as a landscaper
in Reno and the legal counselor argued in the lawsuit that the immigration
officers owed those that were denied a visa and entry a reason. That does make
some sense right? Not evening a hint? Currently, the immigration officers just
need to cite the section of the law under which the immigrant is disallowed
into the country.
In this particular case, the woman who
was denied entry and then prohibited from entering the United States for over
20 years and because she confessed to the fact that a man she had listed as her
son on the application was actually her grandson that was born to her teenage
daughter in 1994 when she initially applied for her visa. So she lied? That is
not good!
However, Judge Robert Jones dismissed
the case based upon the overriding factors that none of the particulars
actually matter or come into play because of the fact that Esparza Munoz became
a naturalized US citizen only after the visa was denied.
So this is like America being sued by
someone who is not or was not an American and he was not at the time.
Jones added that since the spousal visa
denial occurred before the person in question was even a citizen of the
country, technically, there was no breach of the due process clause as only
citizens would have any interest within the jurisdiction of the court in the
context of spousal visa applications.
If you need legal help you should
contact us. We will get back to you perhaps that same day. You can use this
website to do so: Immigration.USAttorneys. You can also use
this website to find that legal counselor you need as well.
Judge
has been Under the Scanner for some of His Decisions
Interestingly, immigration lawyers note
that Jones has come under fire for some of his decisions in cases in the recent
past and the 9th circuit have had to reverse quite a few of his
rulings. In fact, the circuit even has even reprimanded Jones by taking the
measure of ordering him off a particular case. But this means very little since
the 9th Circuit is known to be liberal therefore their interest in
protecting Americans, defending America, keeping America safe, recognizing
American borders, is questionable at best.
Unconstitutional
Detainment Lawsuit Dismissed
The plaintiff in the case is Ramon
Mendoza and he was pulled over for windshield obstruction in 2010 because he
had his son’s boxing medal dangling from his rear view mirror. The police also
uncovered that he was driving on a suspended license. They then thought he was
an illegal immigrant and jailed him for the course of a weekend. They had
mistaken him for another person with the same name, as reported by ketv.com.
A judge has now dismissed Mendoza’s
lawsuit against the law enforcement office in question by stating that the
regrettable mistakes were rectified at the earliest opportunity and that the
wrongful detainment was not overly long in duration.
Don’t drive with a suspended license!
If you need help with your own
immigration status or need to know how you can lawfully
bring over your immediate relatives to the US on dependent visa,
make sure to reach out to an immigration lawyer ASAP!
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