Damian
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http://woodtv.com/2018/01/20/kzoo-doctor-detained-by-ice-aft...

Lukasz Niec came to the US (legally) from Poland at three years old. he has grown up here, gone to school here and is now a medical doctor in Kalamazoo, Michigan. Last week ICE randomly came by his house and arrested him. Niec, as a teenager, had been convicted of a very minor misdemeanor and took a plea deal for first time minor offenders that would supposedly prevent him from having a criminal record. Turns out the Feds (somehow?) don't care about that. That's the part I don't understand. If the state expunged his state record, who is anyone else to say?
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I read somewhere that the feds refuse to recognize the state action to expunge his record. It's stupid on oh so many levels. A textbook case for lots of people why our current immigration system is broken. I also don't get why they refuse to recognize it (sorry, I glossed over that part of your post).
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Oh WTF. See this:

http://caselaw.findlaw.com/us-6th-circuit/1121476.html

Quote:
We agree with the DHS that the respondent has been convicted for immigration purposes.   In Matter of Devison, supra, we found that an adjudication of youthful offender status pursuant to N.Y.Crim. Pro. Law § 720 does not constitute a conviction under section 101(a)(48)(A) of the Act because it is analogous to a determination of juvenile delinquency under the Federal Juvenile Delinquency Act, 18 U.S.C. §§ 50131-5042 (“FJDA”), in several ways, the most notable being that, once an individual is determined to be a youthful offender under New York law, his or her conviction is vacated.   Because the vacation of the conviction does not depend on the individual's future good behavior, we found that the adjudication is not an expungement or other rehabilitative act.   Moreover, we concluded that a youthful offender adjudication does not, in fact, fit within the scope of the definition of the term “conviction” contained in section 101(a)(48)(A) of the Act.


Basically, it's more ridiculousness embedded in the immigration act itself.

And the guy being deported is a permanent green card holder just to add insult to injury.

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Jorge Montero
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It's probably the best reason for a green card holder to become a citizen, along with not being able to be denied entry. Voting doesn't make much of a difference in practice, and in exchange citizens have to file in the US even if you move away, and get jury duty.

Many crimes that would carry no serious penalty to a citizen are grounds for deportation if ICE gets picky, and it's not exactly a department which is full of people who like immigrants.
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Brian Baird
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Sue_G wrote:

And the guy being deported is a permanent green card holder just to add insult to injury.


hibikir wrote:
It's probably the best reason for a green card holder to become a citizen, along with not being able to be denied entry. Voting doesn't make much of a difference in practice, and in exchange citizens have to file in the US even if you move away, and get jury duty.

Many crimes that would carry no serious penalty to a citizen are grounds for deportation if ICE gets picky, and it's not exactly a department which is full of people who like immigrants.


Yeah.... Been reading a bunch today about this guy...

And yeah, this is the sort of thing that's giving me second thoughts about not becoming a US citizen yet. I don't exactly want to pledge to give up UK citzenship (even if it's unenforced, currently), but that finally taking up citizenship may be the better thing to do legally for my family.

Feck.
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Wendell
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fenners wrote:


And yeah, this is the sort of thing that's giving me second thoughts about not becoming a US citizen yet. I don't exactly want to pledge to give up UK citzenship (even if it's unenforced, currently), but that finally taking up citizenship may be the better thing to do legally for my family.

Feck.


Check with the British embassy or a consulate. I know the US asks new citizens to renounce previous citizenships. But not all countries recognize that concept of renouncing citizenship; my mum became an American citizen and the UK still consider her to be a citizen, too.
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Damian
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fenners wrote:
And yeah, this is the sort of thing that's giving me second thoughts about not becoming a US citizen yet. I don't exactly want to pledge to give up UK citzenship (even if it's unenforced, currently), but that finally taking up citizenship may be the better thing to do legally for my family.

It's not just "currently unenforced". The Supreme Court has held that it is legally unenforceable (Afroyim v. Rusk (1967)).
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That's not why they picked him up.

They needed a token white guy on the books so they don't look racist.
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Christopher Dearlove
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I could say this is evidence of the continuing decline of the USA. But unfortunately there are equally crass - no, let's not pussyfoot around, downright despicable - decisions being made here. I'm sure like you only the most extreme, crazy, cases get reported (and those sometimes get fixed when they become politically embarrassing). But utterly crazy cases (doctors are in short supply, can we have him if you don't want him, please?) are just the tip of an iceberg of misery.
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Pontifex Maximus
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Sue_G wrote:
Oh WTF. See this:

http://caselaw.findlaw.com/us-6th-circuit/1121476.html

Quote:
We agree with the DHS that the respondent has been convicted for immigration purposes.   In Matter of Devison, supra, we found that an adjudication of youthful offender status pursuant to N.Y.Crim. Pro. Law § 720 does not constitute a conviction under section 101(a)(48)(A) of the Act because it is analogous to a determination of juvenile delinquency under the Federal Juvenile Delinquency Act, 18 U.S.C. §§ 50131-5042 (“FJDA”), in several ways, the most notable being that, once an individual is determined to be a youthful offender under New York law, his or her conviction is vacated.   Because the vacation of the conviction does not depend on the individual's future good behavior, we found that the adjudication is not an expungement or other rehabilitative act.   Moreover, we concluded that a youthful offender adjudication does not, in fact, fit within the scope of the definition of the term “conviction” contained in section 101(a)(48)(A) of the Act.


Basically, it's more ridiculousness embedded in the immigration act itself.

And the guy being deported is a permanent green card holder just to add insult to injury.



Oh but they are only going after the "bad hombres". Isn't that what we were told?. It appears that those in charge of ICE thought Inspector Javert was the hero of Les Miserables. What a bunch of miserable excuses for human beings they are
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J.D. Hall
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Obviously, this guy is a dark-skinned radicalized Muslim snuck into the country to slaughter infidels.
 
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What I don't get, even if this guy is deportable, how does HE end up being low hanging fruit for ICE? If our country is riddled with welfare stealing, drug dealing, physical assaulting illegal immigrants stealing our jobs left and right, how does a successful doctor get on the radar?
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Mike Stiles
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TheChin! wrote:
What I don't get, even if this guy is deportable, how does HE end up being low hanging fruit for ICE? If our country is riddled with welfare stealing, drug dealing, physical assaulting illegal immigrants stealing our jobs left and right, how does a successful doctor get on the radar?


It's because the culture at ICE is so disgusting, toxic, and opposed to what the US is supposed to stand for that it defies words.

Edit: I really can't express how much any of these ICE stories disgust me.
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TheChin! wrote:
What I don't get, even if this guy is deportable, how does HE end up being low hanging fruit for ICE? If our country is riddled with welfare stealing, drug dealing, physical assaulting illegal immigrants stealing our jobs left and right, how does a successful doctor get on the radar?


Do you just not know any authoritarian types, Chin?
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Born To Lose, Live To Win
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Sue_G wrote:
TheChin! wrote:
What I don't get, even if this guy is deportable, how does HE end up being low hanging fruit for ICE? If our country is riddled with welfare stealing, drug dealing, physical assaulting illegal immigrants stealing our jobs left and right, how does a successful doctor get on the radar?


Do you just not know any authoritarian types, Chin?
Sounds like someone should start gifting them free pizza's with at least one special topping
http://www.psypost.org/2018/01/psychedelic-mushrooms-reduce-...
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col_w
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Disgusting.

Probably the trickle-down effect of having a massively racist and bigoted President.
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col_w wrote:
Probably the trickle-down effect of having a massively racist and bigoted President.


It's probably more the releasing of brakes. Someone in the chain of command will get a bonus (or a promotion) the more people are deported, and pressure (or smaller bonuses) will then apply down the chain to keep numbers up. If there's no sanity/humanity check (both of which fail here) on the process, that's what happens.
 
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Nick E
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This is yet another example of why today's "We'll give 1.8 million people a path to citizenship if you give us 25 billion to start the wall" proposal from the White House should be rejected. That proposal calls for people who've already been here decades to wait 10-12 years "with requirements for work, education, and good moral character." Yeah fucking right, and have ICE pick them up in 9 years for a few speeding tickets or some other petty bullshit?
 
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