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Thread: Judge Curiel to oversee 'Dreamer' deportation lawsuit

  1. #11
    Veteran Member Eve1's Avatar
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    Wonder if Trump is going to make another bone head crack about this judge before it even gets to court.

  2. #12
    told you so Amelia's Avatar
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    Quote Originally Posted by HayJenn View Post
    Well technically he was still in Mexico when he got arrested. But he shouldn't of been arrested in the first place according the Administration's guidelines when it comes to DACA.

    That's why this story blew up a couple of days ago.
    The first time or the second time?

    He was attacked in Mexico and was arrested a second time when he tried to escape to the U.S., from which he should never have been expelled.

    ... if I recall correctly.

  3. #13
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    DACA recipients can only travel outside the U.S. if they apply for and receive advanced parole before they travel.*Generally advanced parole is only granted for humanitarian reasons, educational, or employment reasons. If someone leaves the U.S. without advanced parole being granted or before a decision has been made on their deferred action application, they will not be permitted back into the United States.

    This is why he was sent back to the Mexico side. He gave up his status by leaving the country without prior application and trying to return illegally. He broke his own status. He also had 3 oe more misdemeanor offenses which by themselves separately are not enough to deny DACA status, but viewed as continuing like the traffic offenses along with the illegal entry, his status will be revoked as it should be.
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  4. #14
    told you so Amelia's Avatar
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    Unless I am mistaken, he says he didn't leave the country, not until he was expelled by U.S. authorities.

    I trust him over Trump's immigration officers.
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  5. #15
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    Byron York: DHS says Dreamer deportation valid; caught hopping border fence

    Montes' problem, according to DHS, was that he left the United States without authorization, which is a clear reason for revocation of DACA status. If they want to travel outside the United States, people in the U.S. illegally but with DACA protection must apply for something called "advance parole." At that point U.S. Citizenship and Immigration Services "will determine whether your purpose for international travel is justifiable based on the circumstances you describe in your request," according to USCIS guidelines. Justifiable reasons include traveling to obtain medical treatment, to visit an ailing relative, attend a funeral, take part in a semester-abroad academic program, and more.
    But DACA holders must apply for advance parole if they want to leave the country. If they don't, the consequences can be quite serious. This is from the USCIS guidelines:
    CAUTION: If you travel outside the United States on or after August 15, 2012, without first receiving advance parole, your departure automatically terminates your deferred action under DACA.
    And that is what Montes did, according to DHS. Indeed, the DHS account that Montes was caught climbing over the fence into the United States is a pretty strong suggestion that he was not following the prescribed procedures for international travel.
    "Mr. Montes lost his DACA status when he left the United States without advanced parole on an unknown date prior to his arrest by the U.S. Border Patrol on Feb. 19, 2017," a DHS
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  6. #16
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    Quote Originally Posted by Bronwyn View Post
    Byron York: DHS says Dreamer deportation valid; caught hopping border fence

    Montes' problem, according to DHS, was that he left the United States without authorization, which is a clear reason for revocation of DACA status. If they want to travel outside the United States, people in the U.S. illegally but with DACA protection must apply for something called "advance parole." At that point U.S. Citizenship and Immigration Services "will determine whether your purpose for international travel is justifiable based on the circumstances you describe in your request," according to USCIS guidelines. Justifiable reasons include traveling to obtain medical treatment, to visit an ailing relative, attend a funeral, take part in a semester-abroad academic program, and more.
    But DACA holders must apply for advance parole if they want to leave the country. If they don't, the consequences can be quite serious. This is from the USCIS guidelines:
    CAUTION: If you travel outside the United States on or after August 15, 2012, without first receiving advance parole, your departure automatically terminates your deferred action under DACA.
    And that is what Montes did, according to DHS. Indeed, the DHS account that Montes was caught climbing over the fence into the United States is a pretty strong suggestion that he was not following the prescribed procedures for international travel.
    "Mr. Montes lost his DACA status when he left the United States without advanced parole on an unknown date prior to his arrest by the U.S. Border Patrol on Feb. 19, 2017," a DHS
    The rules don't apply to the victimized beneficiaries of leftist compassion

  7. #17
    Moderator HayJenn's Avatar
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    Quote Originally Posted by Bronwyn View Post
    Byron York: DHS says Dreamer deportation valid; caught hopping border fence

    Montes' problem, according to DHS, was that he left the United States without authorization, which is a clear reason for revocation of DACA status. If they want to travel outside the United States, people in the U.S. illegally but with DACA protection must apply for something called "advance parole." At that point U.S. Citizenship and Immigration Services "will determine whether your purpose for international travel is justifiable based on the circumstances you describe in your request," according to USCIS guidelines. Justifiable reasons include traveling to obtain medical treatment, to visit an ailing relative, attend a funeral, take part in a semester-abroad academic program, and more.
    But DACA holders must apply for advance parole if they want to leave the country. If they don't, the consequences can be quite serious. This is from the USCIS guidelines:
    CAUTION: If you travel outside the United States on or after August 15, 2012, without first receiving advance parole, your departure automatically terminates your deferred action under DACA.
    And that is what Montes did, according to DHS. Indeed, the DHS account that Montes was caught climbing over the fence into the United States is a pretty strong suggestion that he was not following the prescribed procedures for international travel.
    "Mr. Montes lost his DACA status when he left the United States without advanced parole on an unknown date prior to his arrest by the U.S. Border Patrol on Feb. 19, 2017," a DHS
    Montes' attorneys, however, said they stand behind his account of the story. Juan Manuel has been unequivocal in his assertion that he never voluntarily left the country while he had DACA. We believe him," said Nora Preciado, a staff attorney with the National Immigration Law Center and co-counsel on the case. "We filed a FOIA lawsuit to get answers."

    In a statement, the Mexican government said it had been in contact with Montes to offer assistance and called for an investigation to ensure Border Patrol acted properly.

    http://www.cnn.com/2017/04/18/politi...ion/index.html

    So yeah, I don't trust the Trump administration on anything. Will be interesting to see the result of the FOIA request and the outcome of the trial.
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  8. #18
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    Quote Originally Posted by HayJenn View Post
    Montes' attorneys, however, said they stand behind his account of the story. Juan Manuel has been unequivocal in his assertion that he never voluntarily left the country while he had DACA. We believe him," said Nora Preciado, a staff attorney with the National Immigration Law Center and co-counsel on the case. "We filed a FOIA lawsuit to get answers."

    In a statement, the Mexican government said it had been in contact with Montes to offer assistance and called for an investigation to ensure Border Patrol acted properly.

    This man's deportation is testing Trump's murky stance on DACA - CNNPolitics.com

    So yeah, I don't trust the Trump administration on anything. Will be interesting to see the result of the FOIA request and the outcome of the trial.
    Feds say they didn't deport 'Dreamer,' but acknowledge error on his DACA status - LA Times

    One point immigration officials and Montes attorneys agree on is that Border Patrol officials detained Montes on Feb. 19 as he tried to scale a fence back into the U.S. He was returned to Mexico

  9. #19
    The Republican Agenda HadEnough2's Avatar
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    Quote Originally Posted by webrockk View Post
    Why is it 'ironic'?....if you're expecting the judge to rule in Montes' favor, you're confirming his bias.

    and just because The Lightworker Pen and Phoned an edict that protects illegals and their Jackpot babies doesn't mean they are forever entitled to live in the US.
    I'm sure the Judge didn't hear all the terrible things Trump said about him but then again Karma can be a real bitch.

    There's the irony.

  10. #20
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    Montes will be deported. He knew he did not follow the criteria to leave the US to retain his status . That is why he was climbing the fence. He lost his DACA status the minute he left the US without obtaining advance parole as a requirement to keep his DACA status. He knows ir and his lawyers know it. Just because he was a daca recipient doesn't mean he gets an automatic pass on deportation. You might want to read up on it. DACA is not amnesty.

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