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Archive for April, 2010

8 U.S.C. § 1227 : US Code – Section 1227: Deportable aliens.

READ. IT.

(a) Classes of deportable aliens
Any alien (including an alien crewman) in and admitted to the
United States shall, upon the order of the Attorney General, be
removed if the alien is within one or more of the following classes
of deportable aliens:
(1) Inadmissible at time of entry or of adjustment of status or
violates status
(A) Inadmissible aliens
Any alien who at the time of entry or adjustment of status
was within one or more of the classes of aliens inadmissible by
the law existing at such time is deportable.
(B) Present in violation of law
Any alien who is present in the United States in violation of
this chapter or any other law of the United States, or whose
nonimmigrant visa (or other documentation authorizing admission
into the United States as a nonimmigrant) has been revoked
under section 1201(i) of this title, is deportable.
(C) Violated nonimmigrant status or condition of entry
(i) Nonimmigrant status violators
Any alien who was admitted as a nonimmigrant and who has
failed to maintain the nonimmigrant status in which the alien
was admitted or to which it was changed under section 1258 of
this title, or to comply with the conditions of any such
status, is deportable.
(ii) Violators of conditions of entry
Any alien whom the Secretary of Health and Human Services
certifies has failed to comply with terms, conditions, and
controls that were imposed under section 1182(g) of this
title is deportable.
(D) Termination of conditional permanent residence
(i) In general
Any alien with permanent resident status on a conditional
basis under section 1186a of this title (relating to
conditional permanent resident status for certain alien
spouses and sons and daughters) or under section 1186b of
this title (relating to conditional permanent resident status
for certain alien entrepreneurs, spouses, and children) who
has had such status terminated under such respective section
is deportable.
(ii) Exception
Clause (i) shall not apply in the cases described in
section 1186a(c)(4) of this title (relating to certain
hardship waivers).
(E) Smuggling
(i) In general
Any alien who (prior to the date of entry, at the time of
any entry, or within 5 years of the date of any entry)
knowingly has encouraged, induced, assisted, abetted, or
aided any other alien to enter or to try to enter the United
States in violation of law is deportable.
(ii) Special rule in the case of family reunification
Clause (i) shall not apply in the case of alien who is an
eligible immigrant (as defined in section 301(b)(1) of the
Immigration Act of 1990), was physically present in the
United States on May 5, 1988, and is seeking admission as an
immediate relative or under section 1153(a)(2) of this title
(including under section 112 of the Immigration Act of 1990)
or benefits under section 301(a) of the Immigration Act of
1990 if the alien, before May 5, 1988, has encouraged,
induced, assisted, abetted, or aided only the alien’s spouse,
parent, son, or daughter (and no other individual) to enter
the United States in violation of law.
(iii) Waiver authorized
The Attorney General may, in his discretion for
humanitarian purposes, to assure family unity, or when it is
otherwise in the public interest, waive application of clause
(i) in the case of any alien lawfully admitted for permanent
residence if the alien has encouraged, induced, assisted,
abetted, or aided only an individual who at the time of the
offense was the alien’s spouse, parent, son, or daughter (and
no other individual) to enter the United States in violation
of law.
(F) Repealed. Pub. L. 104-208, div. C, title VI, Sec.
671(d)(1)(C), Sept. 30, 1996, 110 Stat. 3009-723
(G) Marriage fraud
An alien shall be considered to be deportable as having
procured a visa or other documentation by fraud (within the
meaning of section 1182(a)(6)(C)(i) of this title) and to be in
the United States in violation of this chapter (within the
meaning of subparagraph (B)) if –
(i) the alien obtains any admission into the United States
with an immigrant visa or other documentation procured on the
basis of a marriage entered into less than 2 years prior to
such admission of the alien and which, within 2 years
subsequent to any admission of the alien in the United
States, shall be judicially annulled or terminated, unless
the alien establishes to the satisfaction of the Attorney
General that such marriage was not contracted for the purpose
of evading any provisions of the immigration laws, or
(ii) it appears to the satisfaction of the Attorney General
that the alien has failed or refused to fulfill the alien’s
marital agreement which in the opinion of the Attorney
General was made for the purpose of procuring the alien’s
admission as an immigrant.
(H) Waiver authorized for certain misrepresentations
The provisions of this paragraph relating to the removal of
aliens within the United States on the ground that they were
inadmissible at the time of admission as aliens described in
section 1182(a)(6)(C)(i) of this title, whether willful or
innocent, may, in the discretion of the Attorney General, be
waived for any alien (other than an alien described in
paragraph (4)(D)) who –
(i)(I) is the spouse, parent, son, or daughter of a citizen
of the United States or of an alien lawfully admitted to the
United States for permanent residence; and
(II) was in possession of an immigrant visa or equivalent
document and was otherwise admissible to the United States at
the time of such admission except for those grounds of
inadmissibility specified under paragraphs (5)(A) and (7)(A)
of section 1182(a) of this title which were a direct result
of that fraud or misrepresentation.
(ii) is a VAWA self-petitioner.
A waiver of removal for fraud or misrepresentation granted
under this subparagraph shall also operate to waive removal
based on the grounds of inadmissibility directly resulting from
such fraud or misrepresentation.
(2) Criminal offenses
(A) General crimes
(i) Crimes of moral turpitude
Any alien who –
(I) is convicted of a crime involving moral turpitude
committed within five years (or 10 years in the case of an
alien provided lawful permanent resident status under
section 1255(j) of this title) after the date of admission,
and
(II) is convicted of a crime for which a sentence of one
year or longer may be imposed,
is deportable.
(ii) Multiple criminal convictions
Any alien who at any time after admission is convicted of
two or more crimes involving moral turpitude, not arising out
of a single scheme of criminal misconduct, regardless of
whether confined therefor and regardless of whether the
convictions were in a single trial, is deportable.
(iii) Aggravated felony
Any alien who is convicted of an aggravated felony at any
time after admission is deportable.
(iv) High speed flight
Any alien who is convicted of a violation of section 758 of
title 18 (relating to high speed flight from an immigration
checkpoint) is deportable.
(v) Failure to register as a sex offender
Any alien who is convicted under section 2250 of title 18
is deportable.
(vi) Waiver authorized
Clauses (i), (ii), (iii), and (iv) shall not apply in the
case of an alien with respect to a criminal conviction if the
alien subsequent to the criminal conviction has been granted
a full and unconditional pardon by the President of the
United States or by the Governor of any of the several
States.
(B) Controlled substances
(i) Conviction
Any alien who at any time after admission has been
convicted of a violation of (or a conspiracy or attempt to
violate) any law or regulation of a State, the United States,
or a foreign country relating to a controlled substance (as
defined in section 802 of title 21), other than a single
offense involving possession for one’s own use of 30 grams or
less of marijuana, is deportable.
(ii) Drug abusers and addicts
Any alien who is, or at any time after admission has been,
a drug abuser or addict is deportable.
(C) Certain firearm offenses
Any alien who at any time after admission is convicted under
any law of purchasing, selling, offering for sale, exchanging,
using, owning, possessing, or carrying, or of attempting or
conspiring to purchase, sell, offer for sale, exchange, use,
own, possess, or carry, any weapon, part, or accessory which is
a firearm or destructive device (as defined in section 921(a)
of title 18) in violation of any law is deportable.
(D) Miscellaneous crimes
Any alien who at any time has been convicted (the judgment on
such conviction becoming final) of, or has been so convicted of
a conspiracy or attempt to violate –
(i) any offense under chapter 37 (relating to espionage),
chapter 105 (relating to sabotage), or chapter 115 (relating
to treason and sedition) of title 18 for which a term of
imprisonment of five or more years may be imposed;
(ii) any offense under section 871 or 960 of title 18;
(iii) a violation of any provision of the Military
Selective Service Act (50 U.S.C. App. 451 et seq.) or the
Trading With the Enemy Act (50 U.S.C. App. 1 et seq.); or
(iv) a violation of section 1185 or 1328 of this title,
is deportable.
(E) Crimes of domestic violence, stalking, or violation of
protection order, crimes against children and
(i) Domestic violence, stalking, and child abuse
Any alien who at any time after admission is convicted of a
crime of domestic violence, a crime of stalking, or a crime
of child abuse, child neglect, or child abandonment is
deportable. For purposes of this clause, the term “crime of
domestic violence” means any crime of violence (as defined in
section 16 of title 18) against a person committed by a
current or former spouse of the person, by an individual with
whom the person shares a child in common, by an individual
who is cohabiting with or has cohabited with the person as a
spouse, by an individual similarly situated to a spouse of
the person under the domestic or family violence laws of the
jurisdiction where the offense occurs, or by any other
individual against a person who is protected from that
individual’s acts under the domestic or family violence laws
of the United States or any State, Indian tribal government,
or unit of local government.
(ii) Violators of protection orders
Any alien who at any time after admission is enjoined under
a protection order issued by a court and whom the court
determines has engaged in conduct that violates the portion
of a protection order that involves protection against
credible threats of violence, repeated harassment, or bodily
injury to the person or persons for whom the protection order
was issued is deportable. For purposes of this clause, the
term “protection order” means any injunction issued for the
purpose of preventing violent or threatening acts of domestic
violence, including temporary or final orders issued by civil
or criminal courts (other than support or child custody
orders or provisions) whether obtained by filing an
independent action or as a pendente lite order in another
proceeding.
(3) Failure to register and falsification of documents
(A) Change of address
An alien who has failed to comply with the provisions of
section 1305 of this title is deportable, unless the alien
establishes to the satisfaction of the Attorney General that
such failure was reasonably excusable or was not willful.
(B) Failure to register or falsification of documents
Any alien who at any time has been convicted –
(i) under section 1306(c) of this title or under section
36(c) of the Alien Registration Act, 1940,
(ii) of a violation of, or an attempt or a conspiracy to
violate, any provision of the Foreign Agents Registration Act
of 1938 (22 U.S.C. 611 et seq.), or
(iii) of a violation of, or an attempt or a conspiracy to
violate, section 1546 of title 18 (relating to fraud and
misuse of visas, permits, and other entry documents),
is deportable.
(C) Document fraud
(i) In general
An alien who is the subject of a final order for violation
of section 1324c of this title is deportable.
(ii) Waiver authorized
The Attorney General may waive clause (i) in the case of an
alien lawfully admitted for permanent residence if no
previous civil money penalty was imposed against the alien
under section 1324c of this title and the offense was
incurred solely to assist, aid, or support the alien’s spouse
or child (and no other individual). No court shall have
jurisdiction to review a decision of the Attorney General to
grant or deny a waiver under this clause.
(D) Falsely claiming citizenship
(i) In general
Any alien who falsely represents, or has falsely
represented, himself to be a citizen of the United States for
any purpose or benefit under this chapter (including section
1324a of this title) or any Federal or State law is
deportable.
(ii) Exception
In the case of an alien making a representation described
in clause (i), if each natural parent of the alien (or, in
the case of an adopted alien, each adoptive parent of the
alien) is or was a citizen (whether by birth or
naturalization), the alien permanently resided in the United
States prior to attaining the age of 16, and the alien
reasonably believed at the time of making such representation
that he or she was a citizen, the alien shall not be
considered to be deportable under any provision of this
subsection based on such representation.
(4) Security and related grounds
(A) In general
Any alien who has engaged, is engaged, or at any time after
admission engages in –
(i) any activity to violate any law of the United States
relating to espionage or sabotage or to violate or evade any
law prohibiting the export from the United States of goods,
technology, or sensitive information,
(ii) any other criminal activity which endangers public
safety or national security, or
(iii) any activity a purpose of which is the opposition to,
or the control or overthrow of, the Government of the United
States by force, violence, or other unlawful means,
is deportable.
(B) Terrorist activities
Any alien who is described in subparagraph (B) or (F) of
section 1182(a)(3) of this title is deportable.
(C) Foreign policy
(i) In general
An alien whose presence or activities in the United States
the Secretary of State has reasonable ground to believe would
have potentially serious adverse foreign policy consequences
for the United States is deportable.
(ii) Exceptions
The exceptions described in clauses (ii) and (iii) of
section 1182(a)(3)(C) of this title shall apply to
deportability under clause (i) in the same manner as they
apply to inadmissibility under section 1182(a)(3)(C)(i) of
this title.
(D) Participated in Nazi persecution, genocide, or the
commission of any act of torture or extrajudicial killing
Any alien described in clause (i), (ii), or (iii) of section
1182(a)(3)(E) of this title is deportable.
(E) Participated in the commission of severe violations of
religious freedom
Any alien described in section 1182(a)(2)(G) of this title is
deportable.
(5) Public charge
Any alien who, within five years after the date of entry, has
become a public charge from causes not affirmatively shown to
have arisen since entry is deportable.
(6) Unlawful voters
(A) In general
Any alien who has voted in violation of any Federal, State,
or local constitutional provision, statute, ordinance, or
regulation is deportable.
(B) Exception
In the case of an alien who voted in a Federal, State, or
local election (including an initiative, recall, or referendum)
in violation of a lawful restriction of voting to citizens, if
each natural parent of the alien (or, in the case of an adopted
alien, each adoptive parent of the alien) is or was a citizen
(whether by birth or naturalization), the alien permanently
resided in the United States prior to attaining the age of 16,
and the alien reasonably believed at the time of such violation
that he or she was a citizen, the alien shall not be considered
to be deportable under any provision of this subsection based
on such violation.
(7) Waiver for victims of domestic violence
(A) In general
The Attorney General is not limited by the criminal court
record and may waive the application of paragraph (2)(E)(i)
(with respect to crimes of domestic violence and crimes of
stalking) and (ii) in the case of an alien who has been
battered or subjected to extreme cruelty and who is not and was
not the primary perpetrator of violence in the relationship –
(i) upon a determination that –
(I) the alien was acting is (!1) self-defense;
(II) the alien was found to have violated a protection
order intended to protect the alien; or
(III) the alien committed, was arrested for, was
convicted of, or pled guilty to committing a crime –
(aa) that did not result in serious bodily injury; and
(bb) where there was a connection between the crime and
the alien’s having been battered or subjected to extreme
cruelty.
(B) Credible evidence considered
In acting on applications under this paragraph, the Attorney
General shall consider any credible evidence relevant to the
application. The determination of what evidence is credible and
the weight to be given that evidence shall be within the sole
discretion of the Attorney General.
(b) Deportation of certain nonimmigrants
An alien, admitted as a nonimmigrant under the provision of
either section 1101(a)(15)(A)(i) or 1101(a)(15)(G)(i) of this
title, and who fails to maintain a status under either of those
provisions, shall not be required to depart from the United States
without the approval of the Secretary of State, unless such alien
is subject to deportation under paragraph (4) of subsection (a) of
this section.
(c) Waiver of grounds for deportation
Paragraphs (1)(A), (1)(B), (1)(C), (1)(D), and (3)(A) of
subsection (a) of this section (other than so much of paragraph (1)
as relates to a ground of inadmissibility described in paragraph
(2) or (3) of section 1182(a) of this title) shall not apply to a
special immigrant described in section 1101(a)(27)(J) of this title
based upon circumstances that existed before the date the alien was
provided such special immigrant status.

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Lord Muhammed..Err. Voldemort

Lord Muhammed..errr..Voldemort

Much like Harry Potter’s friends Hermione and Ron, who refused to utter the words “Lord Voldemort” out of fear, today we learned that our “leader”, Osaman Bin Biden, has officially removed the tems “Islamic Terrorist” and”Islamic Extremism” from the government’s official “Approved Words To Describe The People That Want To Kill Us” List.

FOXNews.com – Obama Bans Islam, Jihad From National Security Strategy Document

WASHINGTON — President Barack Obama’s advisers will remove religious terms such as “Islamic extremism” from the central document outlining the U.S. national security strategy and will use the rewritten document to emphasize that the United States does not view Muslim nations through the lens of terror, counterterrorism officials said.

The change is a significant shift in the National Security Strategy, a document that previously outlined the Bush Doctrine of preventative war and currently states: “The struggle against militant Islamic radicalism is the great ideological conflict of the early years of the 21st century.”

Part of me wants to scream “Chicken!” at him, hoping to raise his ire like Mary McFly, but we all know that won’t work. Obama, like other radical Muslims, is very much sypathetic to the cause.

Yes, that cause:

Boom Baby!

Lord Voldemort..errr..Muhammed

“Fight and kill the disbelievers wherever you find them, take them captive, harass them, lie in wait and ambush them using every stratagem of war.”

Quran, 9:5

When you become afraid of the word itself, there’s no possible way to win. So Obama is 0 for 2 two on National Security issues this week.

Way. To. Go.

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Keeping in the fine Obama tradition of not revealing anything about yourself before you take political office – you know, when it actually matters, Socialist Democrat Judaical Nominee Goodwin Liu is just a hair to left…of Pol Pot. Republicans have found out, and are now trying to get him booted:

FOXNews.com – Republicans Slam Obama Judicial Nominee Over 117 Omissions From Record

They said Goodwin Liu’s nomination to the Ninth Circuit Court of Appeals is in “jeopardy” in light of the problem.

The complaint came after Liu, a Berkeley law professor, gave the Senate Judiciary Committee a bundle of supplemental material that contained 117 things he left out after his February nomination.

Among the items disclosed were several speeches on affirmative action and his participation at an event co-sponsored by the Center for Social Justice at Berkeley and the the National Council of La Raza, a Latino advocacy group.

Now imagine if this was a Republican, and it was “Texas Tech” and “Tea Party Patriots” instead of Berkely and La Raza. I think Katie Couric’s pea-brained little head would explode.

But it gets worse. Here is Goodwin’s bio from a speaking enagement from a while back:

http://www.all4ed.org/events/fourth_HSpolicyconference_agenda

It’s basically a who’s-who list of communist organizations that any liberal must associate themselves with.

Goodwin Liu

Boalt Hall School of Law at the University of California, Berkeley
Professor
Photo of Goodwin LiuGoodwin Liu is a law professor at Boalt Hall School of Law at the University of California, Berkeley, specializing in constitutional law, education policy, civil rights, and the Supreme Court. He is also codirector of the Chief Justice Earl Warren Institute on Race, Ethnicity, and Diversity, a multidisciplinary research center at UC Berkeley devoted to civil rights issues in California and the nation.

Before joining the Boalt faculty in 2003, Professor Liu was an appellate litigator at O’Melveny & Myers in Washington, DC. He clerked for U.S. Supreme Court Justice Ruth Bader Ginsburg during the 2000-2001 term, and for Judge David Tatel of the U.S. Court of Appeals for the DC Circuit from 1998 to 1999. He also served as special assistant to the deputy secretary of the U.S. Department of Education from 1999 to 2000, and as senior program officer for higher education at the Corporation for National Service (AmeriCorps) from 1993 to 1995.

Professor Liu is a member of the board of directors of the American Constitution Society, Chinese for Affirmative Action, and the ACLU of Northern California. He graduated with distinction from Stanford University, was a Rhodes Scholar at Oxford University, and received his law degree from Yale University.

So we’ve got the ACLU, Affirmative Action, AmeriCorps, Ginsberg, Dept of Education, Diversity, and Berkly? I mean, this guy could run for President.

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Cuban government releases photos of teenaged Elian Gonzalez – Yahoo! News

No. Words.

Viva La ShoulderStraps!

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Could we really have expected anything else?  When left wing hoaxer and snake-oil salesman Michael Mann was found “not guilty” of committing fraud by his drinking buddies last month, a small outrage was quashed by the compliant press and deemed a dead story.

Douchebag Liar Michael Mann

Douchebag Liar Michael Mann

Until today, when a small shining light of hope as pierced through the polluted cloud of BS that hangs over Penn State:

FOXNews.com – Top Climate Scientist’s Exoneration Won’t Be the Last Word

The Office of Inspector General confirmed that it will review the misconduct charges. A spokeswoman told FoxNews.com that “in accordance with our research misconduct regulation, (45 C.F.R. part 689), when the OIG is provided with an institution’s investigation report, we review it for fairness, accuracy and completeness” — issues the investigation has already been faulted for…

On the campus at Penn State, the panel’s findings continue to cause controversy. Young Americans for Freedom has launched a petition drive to reopen the investigation, this time by an independent body. The conservative student group said that the panel’s findings “read more like a letter of recommendation” than an investigative report. The group also pointed out that Penn didn’t look at the Wegman report, a congressional sponsored panel that looked into Mann’s work in 2006 and criticized much of his research.

Scumbag Global Warming hoaxers absolutely must keep the money flowing – that is, until they invent another crisis to get rich off of.

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Could it be?

What the Tea Party has been telling us all along is true?

That their group is not the domain of a single political party, but comprised of members from everywhere?

Tea Partiers Are Fairly Mainstream in Their Demographics

In several other respects, however — their age, educational background, employment status, and race — Tea Partiers are quite representative of the public at large.

© 2010 Gallup

© 2010 Gallup

Say it ain’t so, Joe!

Now the left is going to have to re-write hundreds of pages in the official “How to be  a Left Wing Zombie” handbook.

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Gospel according to John

20:1-9

1 It was very early on the first day of the week and still dark, when Mary of Magdala came to the tomb. She saw that the stone had been moved away from the tomb

2 and came running to Simon Peter and the other disciple, the one whom Jesus loved. ‘They have taken the Lord out of the tomb,’ she said, ‘and we don’t know where they have put him.’

3 So Peter set out with the other disciple to go to the tomb.

4 They ran together, but the other disciple, running faster than Peter, reached the tomb first;

5 he bent down and saw the linen cloths lying on the ground, but did not go in.

6 Simon Peter, following him, also came up, went into the tomb, saw the linen cloths lying on the ground

7 and also the cloth that had been over his head; this was not with the linen cloths but rolled up in a place by itself.

8 Then the other disciple who had reached the tomb first also went in; he saw and he believed.

9 Till this moment they had still not understood the scripture, that he must rise from the dead.

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The true shocking story would be if Obama came out and said that he found Sean Penn or Bill Maher’s speech troubling. But no, it’s ok to hate the USA and praise the glory of Socialist Dictators.  But when its someone with facts on their side, well, it’s “troubling”.

President Obama called out Glenn Beck and Rush Limbaugh as purveyors of “vitriol” – creating a climate in which he’s called a “socialist” and even a “Nazi.”

Obama says Beck, Limbaugh fuel ‘troublesome’ political climate – Yahoo! News

Well you know what? If the $600 designer shoe fits, then wear it.

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I don’t have any urological problems, but I wish I did so I could pay a visit to this wonderful Doc:

MOUNT DORA — A doctor who considers the national health-care overhaul to be bad medicine for the country posted a sign on his office door telling patients who voted for President Barack Obama to seek care “elsewhere.”

The sign reads: “If you voted for Obama … seek urologic care elsewhere. Changes to your healthcare begin right now, not in four years.”

Obama health care supporters: Florida doctor tells Obama health care supporters to go elsewhere – OrlandoSentinel.com

I love companies and private business owners that stand their ground in the face of socialism. Left wing lunatic Congressmen Alan Grayson is having a fit, too:

“I’m disgusted,” he said. “Maybe he thinks the Hippocratic Oath says, ‘Do no good.’ If this is the face of the right wing in America, it’s the face of cruelty. … Why don’t they change the name of the Republican Party to the Sore Loser Party?”

No, fat Al, we’re the Party of freedom. We are the party of Liberty. We are the party of real hope, real values and the Constitution of the United States of America.

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BLAM!

Way to go, Illinois! Blam Blam!

Chicago – A pair of related shootings in Englewood, captured on camera, were part of a violent night in Chicago, in which at least 14 people were shot, two fatally.

Six Wounded During Englewood Shootout as Cameras Roll – Chicago News

Chicago has some of the strictest gun control laws in the country, And still nearly 600 murders a year.  States with conceal and carry laws average less.

More facts that the left cannot ignore. Our founding fathers KNEW this. They understood the need for families to protect themselves, no matter who it was – British soldiers, horse thieves, or even garbage gang bangers and meth heads.

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