HisArpy
Loose canon extraordinair
- Joined
- Jul 30, 2016
- Posts
- 42,703
There is no "and?" You're a fucking idiot and we enjoy making you feel stupid.
And?
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There is no "and?" You're a fucking idiot and we enjoy making you feel stupid.
And if that requires other people to live horrible lives Joe Six Pack is cool with that.
We can always point to you because it's true. Talking to you is like addressing a tree stump.No Trumper is in any position to say anyone else is "intellectually armored by ideology against the truth."
Only if you could find a tree stump smarter than you.We can always point to you because it's true. Talking to you is like addressing a tree stump.
Only if you could find a tree stump smarter than you.
Not difficult, in your case.
The Attorney General has the power under 8 U.S.C. § 1103(g)(2) and 8 C.F.R. § 1003.1(h)(1) to overturn BIA decisions, as well as circuit court precedent, on nearly any immigration case they see fitThe AG does not have the authority to deport a migrant if an immigration judge says no.
The Attorney General has the power under 8 U.S.C. § 1103(g)(2) and 8 C.F.R. § 1003.1(h)(1) to overturn BIA decisions, as well as circuit court precedent, on nearly any immigration case they see fit
See, e.g., Matter of Silva-Trevino (Silva-Trevino I), 24 I&N Dec. 687 (A.G. 2008) (showing the Attorney General’s broad power to overturn rulings on immigration cases); Matter of Silva-Trevino (Silva-Trevino II), 26 I&N Dec. 550 (A.G. 2015) (same).
Immigration is an Article II function.
Is the moron still claiming he's an attorney?The guy is clueless. He thinks that if you say it, it can't be true. Especially since he doesn't believe it merely because you said it.
Is the moron still claiming he's an attorney?
No statute can authorize an executive official to overturn court precedent.The Attorney General has the power under 8 U.S.C. § 1103(g)(2) and 8 C.F.R. § 1003.1(h)(1) to overturn BIA decisions, as well as circuit court precedent,
Silva-Trevino was not a case before a judge, it was an internal proceeding of the DOJ. It has no precedential effect whatsoever. If the AG ever tries to rely on that to reverse an immigration judge's decision, she will be laughed out of court in five minutes.on nearly any immigration case they see fit
See, e.g., Matter of Silva-Trevino (Silva-Trevino I), 24 I&N Dec. 687 (A.G. 2008) (showing the Attorney General’s broad power to overturn rulings on immigration cases); Matter of Silva-Trevino (Silva-Trevino II), 26 I&N Dec. 550 (A.G. 2015) (same).
Immigration is an Article II function.
Are they all rounded up and shipped out yet?Is the moron still claiming he's an attorney?
I am. HisArpy is not.Is the moron still claiming he's an attorney?
No statute can authorize an executive official to overturn court precedent.
Courts and Congress are, at times, engaged in a kind of ongoing “conversation” about statutory law. Congress has exclusive power to enact statutes — but when statutory language is unclear, or doesn’t explicitly resolve a factual question that arises under a statute, courts must resolve the issue through statutory interpretation. Congress then may choose to “override”1 judicial interpretations with which it disagrees (so long as the judicial decision is not constitutional in nature) by amending the law at issue or enacting a new law. The power to enact such overrides is core to maintaining democratic accountability for policy.
https://judicature.duke.edu/articles/how-courts-do-and-dont-respond-to-statutory-overrides/
Silva-Trevino was not a case before a judge, it was an internal proceeding of the DOJ. It has no precedential effect whatsoever. If the AG ever tries to rely on that to reverse an immigration judge's decision, she will be laughed out of court in five minutes.
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Basically my read as well. His continued repudiation of immigration as an Article II power is all that is needed to support our assertions.He says so, but everything he posts is either flat out wrong or so one sided he's acting like a defacto attorney for the Left and creating an alternative reality defense made up of omissions and fake facts.
What he doesn't understand is that a 'defense' is only needed when one is already in the hole and is looking for a way, ANY way, to get out of it.
It is for Congress, not the president, to set immigration policy.Basically my read as well. His continued repudiation of immigration as an Article II power is all that is needed to support our assertions.
It is for Congress, not the president, to set immigration policy.
You're wrong. Immigration courts are not Article III courts. They are Article II courts administered by Executive Branch authority granted by Congress. You would do well to be better educated on the issue. This is the second time I've had to correct your subject matter ignorance.No statute can authorize an executive official to overturn court precedent.
No, I never even heard about that at the time. What are "pistol arm braces"?Just like how Biden set policy with the BATFE about pistol arm braces. Something you approved of IIRC.
But they are bound by the law Article III courts make.You're wrong. Immigration courts are not Article III courts.
Congress purposely created Article II Immigration courts for the express purpose of removing that jurisdiction from Federal Article III district court. Hence the federal statute citation I provided above.It is for Congress, not the president, to set immigration policy.
See post #198.Congress purposely created Article II Immigration courts for the express purpose of removing that jurisdiction from Federal Article III district court. Hence the federal statute citation I provided above.
Partisan Nonsense.
Joe Six Pack just wants to be able to live a life without worry.