Saturday, August 30, 2014

Dana Leigh Marks Back In The News

It appears that Dana Leigh Marks has not learned her lesson about kritarchy and impeachment. Marks is back in the news demanding that she and her fellow hearing officers be made a real judges with the power to overturn Federal law and administer their own amnesty for illegal aliens.

Sac Bee August 30, 2014 by Alicia Caldwell
Immigration Judges' Union Wants Independent Court
WASHINGTON -- The federal immigration court system should be separated from the Justice Department and operated independently of federal law enforcement, the top two leaders of the immigration judges' union said Wednesday.
Judge Dana Leigh Marks, president of the National Association of Immigration Judges, said immigration judges act as arbiters in deportation cases being argued by Homeland Security Department lawyers but judges also are treated as attorneys for the government.
As employees of DOJ's Executive Office for Immigration Review, Marks said, the judges' dual roles can potentially blur the lines for judges who are supposed to act as neutral arbiters in a complicated court system.
"Our goal is to serve as a neutral court, but paradoxically we are housed in a law enforcement agency," Marks said.
And often, decisions about how the court is run are made beyond the court system.
Marks said an example of this is the recent decision by the Obama administration to have immigration courts start hearing cases of newly arrived immigrant children caught crossing the border alone before all other pending cases.
She said there is no other court system in which the government would be allowed to order a total overhaul of the docket, placing particular cases at the top. Marks, a judge in San Francisco, spoke Wednesday at the National Press Club with Denise Noonan Slavin, a Miami-based judge who is the union's executive vice president.

Time to impeach Marks, as well as Denise Noonan Slavin.


Of interest to readers is that Marks, and most likely Slavin as well, uses her official government email to lobby Congress and to speak to the public on the issue of changing the status of immigration judges.  It is a violation of law for official email to be used for anything other than official business. See this press announcement by Marks and the National Association of Immigration Judges (NAIJ), a private professional association (not a union), inviting contact from the public on the issue of budgeting and expansion of immigration judge authority and independence.

From the report:

For more information, contact:
 The Honorable Dana Leigh Marks
 President, National Association of Immigration Judges
 120 Montgomery Street, Suite 800
 San Francisco, CA 94104
 415-705-0140
danamarks@pobox.com or Dana.Marks@usdoj.gov

Time for impeachment.  Call Marks at her phone number, a government number, or contact her at her government email an ask her about this serious ethics violation. Note that the address of the NAIJ is also that of the immigration court (Executive Office for Immigration Review), 100 and 120 Montgomery Street, Suite 800, in San Francisco, which are the same building.  Here is another announcement from the NAIJ using the 100 Montgomery Street, Suite 800 address.

The real solution though to overcrowded and dysfunctional immigration courts is to remove their authority over any alien other than a legal permanent resident.  Only a legal permanent resident has any reason for an independent review of their claims under immigration law as by being admitted as legal permanent residents they do establish a colorable connection to the United States.  All other illegal aliens have no legal connection to the United States.  Those aliens, those who enter illegally or overstay a legal admission to the United States, should be removed administratively by expedited removal, the process by which DHS officers of the United States made a decision on whether the person before them is an alien and admissible or removable. Time to get most illegal aliens out of the immigration court system, as it is illegal aliens with no claims under law to legal permanent residency who clog up the immigration court system.



Spare Us The Lawyers, And The Wise Latinas

The Obama Regime is considering appointing Sarah Saldaña, currently the U.S. Attorney for the Northern District of Texas, to head U.S. Immigration and Customs Enforcement (ICE).  ICE is the component of the Department of Homeland Security (DHS) that is supposed to deport those illegal aliens who manage to cross the border illegally or overstay a admission to the United States. However, the number of deportations have been in free fall.  One of the reasons those deportations have been in free fall is that the DHS from the beginning has been an organization led by lawyers, not by law enforcement professionals, specifically immigration law enforcement professionals.

First, our wise Latina, with nary an arrest in her government career named to lead the nation's primary immigration law enforcement agency.

Dallas News August 27, 2014 by Kevin Krause
U.S. Attorney Sarah Saldaña Considered To Head Immigration And Customs Enforcement
Texas' first Latina U.S. attorney may become the nation's first Latina head of Immigration and Customs Enforcement.
Sarah Saldaña is being considered for the job by the Obama administration, according to a federal law enforcement official.
The Wall Street Journal reported Tuesday evening that that Saldaña is the front-runner for the position.
The White House declined to comment on the Saldaña rumor. Her office also declined to comment.
Saldaña has held the top prosecutor job not even three years and currently is in charge of the high-profile public corruption case against Dallas County Commissioner John Wiley Price. The trial was recently delayed until January 2016.
Saldaña was sworn in as U.S. attorney for the Northern District of Texas in September 2011. Previously, she was a federal prosecutor in Dallas who worked on the City Hall corruption case that sent former Dallas Mayor Pro Tem Don Hill to federal prison for 18 years in 2010.

Aside from being a U.S. Attorney, with a sum total of 200+ employees to manage, she has no real law enforcement experience, e.g. making arrests or managing those who make arrests.  She has prosecuted federal crimes in Texas, but has never made an arrest.  The primary responsibility of ICE is to enforce immigration law, not prosecute those arrested.

From her biography at the Department of Justice (DOJ), her primary experience has been in public corruption, which would make her a good candidate for the DOJ for a special prosecutor of Eric Holder, not to head an agency with 20,000 or so employees involved in immigration law enforcement.

In 2004 she was appointed as an Assistant U.S. Attorney for the Northern District of Texas, where she prosecuted a variety of criminal cases, including bank and mortgage fraud, civil rights, human trafficking, and public corruption. Most recently she served as the Deputy Criminal Chief in charge of the District’s Fraud and Public Corruption section, leading the successful prosecution of the Dallas City Hall public corruption case.

However, given her ethnicity, she will be more concerned about not enforcing immigration law against her co-ethnics who make up the overwhelming number of illegal aliens.


74% of illegal immigrants are Latino.  It is clear that besides no experience in immigration law enforcement, Saldaña, presents a conflict of interest in the position.

DHS has a long line of attorney failures in executive positions with DHS; Tom Ridge, Michael Chertoff,  Janet Napolitano, Jeh JohnsonJohn Morton, Julie Meyers, and Alan Bersin.  Time to stop hiring attorneys to do the job that needs an experienced Border Patrol Agent.

Wednesday, August 27, 2014

Obama Regime Solves Border Crisis

Declares all women to be asylum recipients.  In a stunning, but not surprising move, the Obama Regime, in the person of the Board of Immigration Appeals (BIA), the appellate board for the immigration courts in the Executive Office for Immigration Review, ruled that all persons, which means women, who claim to be victims of domestic abuse, have a right to asylum in the United States. This concludes the sturm und drang over the years from the Jorge Bush Administration to the Obama Regime and the debate within the Department of Justice (DOJ), as the EOIR and BIA are part of the DOJ, where then Attorney General, debates over female circumcision and asylum that was part of the overall demand from radical activists to make domestic abuse a path to asylum. This blog warned about the issue as far back in 2009

The debate was tamped down after the first expansion of the Violence Against Women Act (VAWA) which granted legal permanent residency to women who claimed domestic abuse anywhere in the world, including the United States, as well as granting legal permanent residence to their abusers, something the VAWA authors and John Boehner tried to keep hidden.

SFGate August 27, 2014 by Bob Egelko
Domestic Violence Ruled A Reason For Political Asylum
In a ruling that advocates described as a historic victory for Central American refugees, a federal immigration board said Tuesday that a married woman fleeing domestic violence in Guatemala, where authorities could not or would not protect her, can seek political asylum in the United States.
A woman who has been brutally beaten by her husband, who tried to prevent her from leaving, has suffered "harm rising to the level of persecution," said the Board of Immigration Appeals, which oversees the Justice Department's immigration courts.
Observing that Guatemala "has a culture of machismo and family violence," the board said a married woman there who flees an abusive relationship can be considered a member of a "particular social group" - a crucial qualification for asylum eligibility.
The Obama administration did not oppose those findings. But the ruling comes after more than a decade of delays by successive administrations in adopting regulations - first proposed in response to a San Francisco case - on the rights of domestic violence victims to seek refuge in the U.S.

And the implication for the current wave of illegal aliens is not lost on the radical left:

It also comes at a critical time for increasing numbers of women and children from Central American countries who are being held in U.S. detention centers awaiting decisions in their deportation cases.
About 300 cases of domestic violence victims, many of them from Central America, are pending before the same immigration board, said Blaine Bookey, a lawyer at the Center for Gender and Refugee Studies at UC Hastings College of the Law in San Francisco, which submitted arguments in Monday's case.
"This is a groundbreaking decision that could have a real impact on cases across the country," Bookey said.
She said the ruling raised the same issue as the San Francisco case of another Guatemalan woman, Rodi Alvarado, who fled to the United States in 1996 after a decade of beatings, rapes and death threats from her husband and futile pleas to police.
Immigration courts ruled that Alvarado had not been persecuted and was therefore ineligible for asylum. But President Bill Clinton's attorney general, Janet Reno, intervened in 2000 and drafted regulations that would have granted asylum to some domestic violence victims. The rules were not yet final when President George W. Bush took office in 2001, and his administration put the issue on hold.
Bookey said President Obama has promised regulations but hasn't issued any, and immigration judges have issued conflicting decisions in domestic violence cases. Alvarado was granted asylum in 2009.

As this writer predicted at VDare.com, the kritarchs in the EOIR and the BIA have their own plans for an amnesty that will go under the radar.  This is the Obama Regime's solution to the border crisis, a hidden amnesty based on fraudulent asylum.  We live in a lawless time. Impeachment of the member of the BIA is the solution.

And here they are:

David L. Neal, Charles Adkins-Blanch, Patricia A. Cole, Michael J. Creppy,  Edward R. Grant, Anne J. Greer, John W. Guendelsberger, David B. Holmes, Garry D. Malphrus, Ana Landazabal Mann, Neil P. Miller, Hugh Mullane, Roger Pauley, and Linda S. Wendtland. 

Note that the Chairman of the BIA, David Neal was origionally appointed to the BIA by Jorge Bush. Clearly the problem is bipartisan.

Sunday, August 17, 2014

The Ebola Amnesty

The new justification for amnesty for West Africans?  1,000 dead from Ebola.  U.S. Citizenship and Immigration Services (USCIS) has announced an administrative amnesty for illegal aliens from Guinea, Liberia, and Sierra Leone.

Brietbart August 15, 2014 by Caroline May
U.S. Immigration Benefits Extended To Nationals Of Countries Battling Ebola
The agency overseeing immigration to the United States announced new immigration relief measures to nationals of the countries battling Ebola who are living in the United States.
U.S. Citizenship and Immigration Services (USCIS) Friday announced that immigrants from Guinea, Liberia, and Sierra Leone currently in the United States are eligible for a number of immigration benefits in the wake of the ongoing Ebola epidemic in their home countries. 

And here is the key, USCIS will "deem" an illegal alien from those countries to be here legally, so they can apply for a new status, which is illegal.  Aliens unlawfully present cannot adjust status in the United States.

According to USCIS, if requested, benefits for such immigrants include:
Change or extension of nonimmigrant status for an individual currently in the United States, even if the request is filed after the authorized period of admission has expired;

And the illegal aliens will get expedited service, not expedited removal, ahead of legal immigrants and their U.S. citizen sponsors.

Expedited adjudication and approval, where possible, of requests for off-campus employment authorization for F-1 students experiencing severe economic hardship;
Expedited processing of immigrant petitions for immediate relatives (currently in the United States) of U.S. citizens;
Expedited adjudication of employment authorization applications, where appropriate;

And they do not have to pay the associated fees when applying for these and other benefits.

Consideration for waiver of fees associated with USCIS benefit applications.

Consideration means that the fees will be waived.  Another administrative amnesty.

Saturday, August 16, 2014

Rich Lowry Spinning Furiously

After a week of publishing screeds from National Review Online's resident illegal alien, and my personal nemesis and on whom I have declared kanly, Kevin Williamson, as well as Charles Cooke, and Jim Geraghty, Rich Lowry suddenly got the old-time NRO religion on race relations.  All it took was a night of rioting under the new, non-militarized, policing policy.  Geraghty is the curious one, as he is NR's inside baseball reporter on the practice of politics with a column titled The Campaign Spot, which may excuse his ignorance of law enforcement and race issues, but that is no justification for his stupidity in his Ferguson column.

First, Lowry:

NRO August 16, 2014 by Rich Lowry 
New Police Tactic in Ferguson: Betray Local Business Owners 
We’ve been told for days now that that the reason there was rioting in Ferguson is because protesters were “provoked” by militarized police. I agree with some of my colleagues that cops should look like cops (see Kevin’s excellent piece here), and it is deeply unsettling to see police atop armored vehicles training weapons on protesters. On the other hand, there is no justification to throw projectiles at police, no matter what kind of uniforms they are wearing or what kind of vehicles they have, nor is there any justification for destroying or stealing other people’s property. 
Now, we’ve had a real world test of the “provocation” thesis. The highway patrol came in with a much softer and friendlier posture and it seemed to work Thursday night in reducing tensions, but it didn’t last night. Shamefully, the cops evidently stood by while looters destroyed and stole things. We’ve heard an awful lot about the function of police in our society the last few days. Well, how about this as a function? Protect the property of innocent people. 

And:

NRO August 16, 2014 by Ryan Lovelace 
An ‘Impromptu Street Festival’ Turns into a Riot in Ferguson  
Friday night started festive, but after midnight, cops did nothing to stop the start of looting.  
Ferguson, Mo. — The protests in Ferguson started off not somber or angry on Friday night, but instead celebratory. Then, as the night wore on, the protests grew violent and looters ransacked local stores... 
Protesters wandered through the streets drinking and smoking without fear of retribution from the cops. Missouri State Highway Patrol captain Ron Johnson tells NRO that he, St. Louis County Police chief Jon Belmar, and other police had decided to stay away from the center of Friday night’s protest on West Florissant Street — near the destroyed QuikTrip — because the situation appeared stable and he didn’t want people to think something had gone wrong. Johnson and Belmar were stationed with police at the Ferguson Market and Liquor store parking lot. 
As the night turned to morning, looters approached the market, and police reportedly were ordered to “stand down” and allowed looters to take over the liquor store, St. Louis County Police told Fox 2 in St. Louis. Looters set fire to a Domino’s Pizza, hit the liquor store, and broke through a beauty store. Much of the looting took place after 1 a.m. on Saturday morning, and storeowners told CNN they were frustrated that police did not intervene. 

There we have it, hands-off policing as advocated by Cooke and Williamson.  The result was predictable, more rioting by black thugs.  It should be no surprise as Captain Ronald Johnson of the Missouri Highway Patrol was photographed earlier with Bloods gang members. It appears that Johnson was protecting his fellow blacks from arrest.


Note the Bloods gang members identified by their red bandanas and red baseball caps.  Red is the color of the Bloods.

Here is Williamson:

NRO August 14, 2014 
Looks That Kill
The second principle is “to recognize always that the power of the police to fulfill their functions and duties is dependent on public approval of their existence, actions, and behavior, and on their ability to secure and maintain public respect.” He called this “policing by consent.” The policeman, in Peel’s view, was a citizen: “The police are the public and that the public are the police, the police being only members of the public who are paid to give full-time attention to duties which are incumbent on every citizen in the interests of community welfare and existence.

The conclusion then is that blacks have withdrawn their consent from policing, which would only be news to the eternally dense Williamson, since blacks long ago embraced crime as a political response to white Americans.  The police in black areas are an occupation army, as blacks no longer consider themselves part of the American nation.  If your response to the shooting of a convicted felon caught fleeing from a strong-armed robbery is to riot, then you are not part of the commonweal.

Such stupidity is no surprise from Williamson and Cooke, but what was shocking was the posting from Jack Dunphy, who in his long career with the Los Angeles Police Department, given a wood shampoo to many a black rioter.

NRO August 15, 2014 by Jack Dunphy 
Ferguson and the Unwritten Contract between Police and the Community 
When the Ferguson officer drove onto the block and saw Michael Brown and his friend walking down the middle of the street, he expected them to move to the sidewalk as soon as they realized a police car was approaching. When they didn’t, the officer took it as a violation of the contract, even a challenge. Which in a way it was. 
What happened after that has yet to be fully revealed, but if it’s true that Michael Brown was 35 feet away from the officer when he was shot, I can’t imagine a set of facts that would justify it.  
Still, even if the shooting is as unjustified as some are claiming, how this translates into a license to pillage the neighborhood escapes me.

One would think that Dunphy, who defended the California Highway Patrol officer who had a video-taped scuffle with a crazed homeless black woman wandering on a freeway would have defended the officer in Ferguson as well, but he, like Rich Lowry, was too busy positioning himself early in the issue.  Too bad breaking news has shown Michael Brown was fleeing a strong-armed robbery when he was shot.  Dunphy should have held his tongue, for as usual, the cultural-Marxist narrative has fallen apart.

Friday, August 15, 2014

Iranian Immigration Judge In Hot Water

A. Ashley Tabaddor, one of the kritarch triumvirate, has pushed the limits of legal ethics, even for the Holder Justice Department.  Tabaddor has been ordered by the Executive Officer for Immigration Review (EOIR) to recuse herself in all cases before her involving Iranian nationals.  This is no surprise, as "ethnic" immigration judges have a collective horrible reputation for dispensing favoritism to their co-ethnics throughout the immigration system.

Public Affairs Alliance of Iranian Americans August 12, 2014
Judge Ashley Tabaddor Files Suit against Department of Justice for Violating First Amendment and Civil Rights Act of 1964
August 12, 2014, Los Angeles, CA –  The Public Affairs Alliance of Iranian Americans (PAAIA) was today informed of a suit filed against the United States Department of Justice (DOJ) by Judge Ashley Tabaddor, an immigration judge for the U.S. Immigration Court. In this suit, Judge Tabaddor challenges an order that indefinitely recuses her from hearing cases involving Iranian nationals, citing that the order violates her First Amendment rights of free speech and association. The suit also notes that the order is racially discriminatory under Title VII of the Civil Rights Act of 1964.  

Interesting that Tabaddor claims racial discrimination as the basis for her lawsuit; is she claiming she is white and was discriminated against, or is she some new unknown race that Middle Easterners like herself want to be?  She has shrilly claimed to not be white, despite the legal definition of Persians, among others, as white by the U.S. Census.

The PAAIA appears to be a front for the Shi'ite dictatorship in Iran, harping in a Soviet manner about "friendship" between nations.

The lessons derived from the Cold War propose that more assets should be dedicated to cultural and educational exchanges. Such exchanges with Iran will uphold positive features of American society and help cultivate the good will of the Iranian people towards America.
The Iranian American community is in a unique position to help the citizens of Iran and the United States constructively engage with each other. PAAIA’s annual surveys have shown that U.S.-Iran relations are the single most important issue on the minds of Iranian Americans, and that many frequently travel to Iran and/or have relatives still living there. Furthermore, the evolving political climate in Iran, if it continues on its current path, puts the Iranian American diaspora in a much better position than in any prior period since 1979 to help the citizens of Iran and the United States constructively engage with each other. 

However, the PAAIA lets slip that Tabaddor considers herself a "leader" in the Iranian community.

The suit, Tabaddor v. Holder et al., charges that the DOJ based its disqualification order on racially-motivated and discriminatory criteria, specifically Judge Tabaddor’s Iranian heritage and her leadership role within the Iranian American community.

Well, if she is a leader of an ethnic or national group, then legal ethics prescribe that she recuse herself to avoid the appearance of impartiality, a serious ethical issue for both real judges and the pseudo-judges of the EOIR.  One cannot both be a leader in a particular ethnic community and claim that leadership has no appearance of a lack of impartiality.  It is clear that Tabaddor considers herself an Iranian first, as Iranian-ness appears to be her major concern in public life.

In desperation, Tabaddor and her Iranian attorney, Ali M. M. Mojdehi,  created a new race for the law suit:

18. Judge Tabaddor is Iranian-American. Her race is Near East Asian, Middle Eastern and Persian. Judge Tabaddor is culturally Muslim. 

Even more interesting is that she is "culturally" a Muslim.  The 1964 Civil Rights Act does not protect cultures, as it does race or religion.  And it is clear that Islam is not that important for Tabaddor, as she does not claim to practice the Muslim religion.  This lack of religious practice is probably the reason that the lawsuit does not identify any particular evidence that she was discriminated against by race or religion, even though the lawsuit claims discrimination based on three factors:

52. Judge Tabaddor’s nationality, race, and/or religion and association with the same, were the sole and/or motivating reasons for the recusal order. 

Note the "and/or." apparently her crackerjack attorneys can't decide which of the three was the reason for the alleged recusal order.  Occam's Razor then leads us to the obvious, it is the appearance of a lack of impartiality that motivated the recusal order.

Which brings us to the obvious, immigrants in the United States have not been acculturated and have an obvious dual loyalty.  In this case, the dual loyalty is treasonous in that Iran has been waging war on the United States since 1979.

The solution, beside denaturalization and deportation of Tabaddor, is the first step, impeachment.


Tabaddor is the face of dual loyalty.  As Holy Scripture teaches, one cannot serve two masters.  From Matthew 6:24, Douay-Rheims:

No man can serve two masters. For either he will hate the one, and love the other: or he will sustain the one, and despise the other. You cannot serve God and mammon. 

Tabaddor cannot both serve the Iranian community as a leader and the American people  as an immigration judge who is tasked with ordering the deportation of Iranians.

The big hint here is that the PAAIA refers to her as Judge Ashley Tabaddor, while in the lawsuit, she is required by law to user her full name, Afsaneh Ashley Tabaddor.  Clearly she is trying to downplay her Persian identity before the American people, but gets caught up by her lawsuit.

Impeachment is the answer to many problems derived from lawless Presidents to disloyal kritarchs.











Thursday, August 14, 2014

Giving Credit Where Credit Is Due

Rick Perry has been rightly criticized for his policy on illegal immigration.  However, he is an ambitious politician.  Perhaps his self-interest is exhibiting itself on the immigration issue.

NYT August 6, 2014 by Manny Fernandez
Texas Bolsters Border Patrol With Its Own
MISSION, Tex. — Along the Rio Grande here, the suspected smugglers trying to slip into the United States have certainly noticed their adversaries on the water: burly commandos in black-and-white boats mounted with .30-caliber machine guns and bulletproof shields. The patches on the officers’ camouflage fatigues identify them not as federal Border Patrol agents but as another breed of law enforcement entirely.
Texas game wardens.

And Texas Highway Patrol Troopers as well, and, in fact, the THP is providing the boats for the patrol.

And compare the commitment Texas has to border security on the Rio Grande with that of the U.S. Border Patrol:

Unarmed U.S. Border Patrol boat on the Rio Grande

Texas Highway Patrol boat with six, yes six, machine guns on the Rio Grande

And the Texas Highway Patrol is not afraid to dish it out the Mexican drug smugglers and coyotes:

The game wardens have seen high-risk action on their patrols on the border. One was recently struck by a rock, and another was assaulted as he fought with a smuggler resisting arrest. One June morning in 2011 near Mission, drug smugglers trying to protect a raft loaded with marijuana threw rocks and fired up to six gunshots at officers. The game wardens, Texas Rangers and Border Patrol agents answered with a barrage of gunfire, discharging 300 rounds.

300 rounds down range into Mexico.  That is ballsy.  This is something to follow, this aggressive enforcement by the Texas boat patrols could impact illegal immigration, and cause Obama and Holder to look at charges against the troopers and game wardens for killing Mexican drug smugglers.

Importantly, Perry could use this issue to ride to victory in 2016, but too bad he won't be governor soon.  Perhaps his aggressive policy is too late.  Perhaps he should have run for another term.  This could have made him President.  Perhaps it will make Greg Abbott President.


The face of victory in the war on illegal immigration? Time, and the will to win, will tell.