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New There is no bottom to the depth of Murican depravity.
The main appellate body of the immigration courts issued a divided opinion Wednesday with broad implications, finding that a woman from El Salvador is ineligible for status in the US because her 1990 abduction and forced labor amount to "material support" of a terrorist organization.

According to the court documents, the woman was kidnapped by the guerrillas in El Salvador and made to do the cooking and cleaning "under threat of death." She was also "forced to witness her husband, a sergeant in the Salvadoran Army, dig his own grave before being killed."

Nevertheless, the 2-1 opinion holds that the woman's coerced duties for the group constituted "material support" for a terrorist organization, and thus made her ineligible to be granted asylum or have her deportation order canceled in the US -- though a lower court judge had ruled she would otherwise be eligible for such relief. The woman first came to the US illegally in 1991 but gained Temporary Protected Status -- which is granted to countries that suffer natural disasters and other mass problems and was afforded to El Salvador for decades.

But she left the US and tried to return in 2004, when the government began deportation proceedings against her. Wednesday's decision is the product of years of litigation regarding her case in the immigration courts -- a judicial body for immigration-related claims run by the Justice Department.

Writing for the majority, Board of Immigration Appeals Judge Roger Pauley ruled that "material support" can be virtually anything that is provided to a terrorist organization that supports their overall mission that they would otherwise would [SIC] need to seek somewhere else.

"In fact, no court has held that the kind of support an alien provides, if related to promoting the goals of a terrorist organization, is exempt from the material support bar, and we discern no basis to import such a limitation," Pauley wrote.

Pauley also concluded there was no exception for support given "under duress" under US law and the actions do not need to be "voluntary."

https://www.cnn.com/2018/06/06/politics/woman-el-salvador-guerillas-ruling/index.html

I have no words.
bcnu,
Mikem

It's mourning in America again.
New Do they write dissents at that level?
Because I'd love to read this one.
--

Drew
New There's at least part of it in that article.
Dissenting board member and Judge Linda Wendtland blasted the court's interpretation, pointing out the relevant statute lists a number of examples of "material support" like offering safe houses, transportation, funds and other tangible furtherance of their mission.

"I cannot conclude that the menial and incidental tasks that the respondent performed -- as a slave -- for Salvadoran guerrillas, including cooking, cleaning, and washing clothes, are of 'the same class' as the enumerated forms of assistance set forth in the statute," Wendtland wrote. "Under the majority's strained interpretation, providing a glass of water to a thirsty individual who happened to belong to a terrorist organization would constitute material support of that organization, because the individual otherwise would have needed to obtain water from another source."


But I did't want to post the whole article, ya lazy ... :0)
bcnu,
Mikem

It's mourning in America again.
New Fine, let's use this antediluvian 'decision' on Their sorry asses
With a "court" like that, who needs firing squads? ..when the place is fumigated after the extirpation of all found to be carriers of Drumpf-disease:
let this Judgment be intoned as they dig their own graves ... in virgin Murican soil (lead-lined lest such entrails produce long-lasting toxins.)

This Pauley major-Ass should be enjoined from ever-again using the word, DISCERN;
When I become next-Dictator after the present regime. Shall make it so, as I hand him the shovel.
Indeed that is One Shitty Opinion ..as could only be contrived by an axe-murderer-at-heart.

Are we at the level of painting targets on the backs of those Armani-suits yet? What waiting for..
Sure feels like it, when they DARE "us mere citizens" to react to slavering outrages. Have often pondered just how many '30s Germans?
..wanted mightily to lynch n+1 of similar ilk/in their finely-tailored costumes + too-shiny boots.
New put the blame where it belongs, on the law makers
If the law specifically excluded involuntary servitude or coercion she would have stayed. Laws are a funny thing but judges need to follow them.
"Science is the belief in the ignorance of the experts" – Richard Feynman
New The Law is more than the text.
The legal code can never include every sensible prior and so forth.

There's a general principle that "diminished capacity" (age, impairment, etc.) means that the "offender" isn't responsible (or at least not to the same degree). They don't have to write that into every statute.

Cheers,
Scott.
New ..blongs with Eichmann's "I was just following orders."
(Boolean logic ... and
the 'pseudo-science-of-the-law')
--Fred Rodell: Dean of Harvard Law)

..go so Well together.
New here is the kicker that i didnt get until i read the article
But she left the US and tried to return in 2004, when the government began deportation proceedings against her.


Her TPS ended after she voluntarily left the country. Her claims of fear of returning were ended at that point. Upon her return the material support kicked in, if she had stayed she would not have been deported.
"Science is the belief in the ignorance of the experts" – Richard Feynman
New Thanks for missing the point entirely. The "logic" of the decision is indefensible.
bcnu,
Mikem

It's mourning in America again.
     There is no bottom to the depth of Murican depravity. - (mmoffitt) - (8)
         Do they write dissents at that level? - (drook) - (1)
             There's at least part of it in that article. - (mmoffitt)
         Fine, let's use this antediluvian 'decision' on Their sorry asses - (Ashton) - (3)
             put the blame where it belongs, on the law makers - (boxley) - (2)
                 The Law is more than the text. - (Another Scott)
                 ..blongs with Eichmann's "I was just following orders." - (Ashton)
         here is the kicker that i didnt get until i read the article - (boxley) - (1)
             Thanks for missing the point entirely. The "logic" of the decision is indefensible. -NT - (mmoffitt)

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