Monday, December 26, 2005

Courts Criticize Judges' Handling of Asylum Cases

By Adam Liptak - December 26, 2005 - The New York Times
In the Philadelphia decision in September, Judge Julio M. Fuentes of the United States Court of Appeals for the Third Circuit had this to say about Annie S. Garcy, an immigration judge, or I.J., in Newark: "The tone, the tenor, the disparagement, and the sarcasm of the I.J. seem more appropriate to a court television show than a federal court proceeding."

Judge Garcy ordered Qun Wang returned to China, where he said his wife had been forcibly sterilized. "He's a horrible father as far as the court's concerned," Judge Garcy ruled, saying Mr. Wang was obsessed with having a son and did not pay enough attention to his daughter, who is disabled.

All of that was irrelevant to the issues before Judge Garcy, Judge Fuentes wrote, returning the case to the immigration system for a rehearing before a different judge. "The factual issue before" Judge Garcy, Judge Fuentes wrote, had been only "whether Wang's wife had been forcibly sterilized and whether, if he returned to China, the Chinese government would inflict improper punishment on him for leaving the country."

You need to read this article with a sensitivity to court abuse to understand what these judges mean when they express the need to "criticize" the rulings. What they are criticizing is the dastardly practice of not giving judges totalitarian control over who gets into America. If anyone wants to come to America, these judges are completely in agreement with the philosophy that any liberal judge should have the right to grant them admission if there is a belief they "might" be at risk in some other coutry. Granting admission is called asylum. It is a right under our constitution that is granted to the executive branch, not the judiciary. But judges find this too restrictive. They cannot interfere in these foreign countries unless the right to grant asylum is taken away from the executive branch and granted to them.

Guess what? They have already created a temporary asylum system by illegally seizing this right. It is the reason that our criminal justice system is swamped with criminals from foreign nations. Why is no one from the executive branch complaining?


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