Saturday, December 24, 2011

Am I Missing Something?

I was reading a recent decision by the U.S. 5th Circuit Court of Appeals.  The question was whether an illegal alien enjoys the "right of the people to keep and bear arms."  The Court of Appeals decided that he did not.  I don't find their reasoning very persuasive, but what really confuses me is the sentence that Portillo-Munoz received for being an illegal alien in possession of a firearm: "The district court sentenced him to ten months imprisonment followed by three years of supervised release."  I see no sign that the court ordered him deported. 

This is a guy who was convicted of a crime in which a rather important component of the crime was being illegally in the United States--and yet I can't see any sign that anyone made any effort to deport him.  Am I just stupid?  What's the point of having someone on "supervised release" if he has been deported?  And if he was not deported--what's going on here?  I feel like a large white rabbit and a little English girl chasing him are going to run past me at any moment.

5 comments:

Mauser said...

Well it's obvious, you can't supervise his release if you deport him!

Hell, he's probably forbidden to leave the country.

w said...

Both parties are making too much money and gaining too much power by milking the illegal alien problem for their personal gain.... That's my guess as to the answer of the question of why this problem is never fixed.

Now we have the border states so overrun with illegals that everyone elected in those states and national politicians are afraid to say or do anything that would offend the illegals in those states.

Short of putting the military (army and marines) on the border and going door-to-door in those states to round them up and deport them nothing is going to change. Even without the legal prohibition against that sort of thing doesn't seem very likely that will ever happen...

What if the tables were reversed and Americans of anglo descent were to illegally swarm into Mexico for jobs and social benefits? Does anyone think Mexico would tolerate it or would they put the Federales and Mexican Army on the border and machine gun those aglo-americans trying to illegally swarm into their country!

Who knows....with the way the economy is going thanks to idiots of both parties running DC that fantasy could become reality as Anglo-Americans lose their economic standing!

I fear the drug war and the money being made from that (not just from the selling of the drugs but also the so-called justice system) is another reason the illegal problem won't get fixed. After all if the borders were shut down the money from the war on drugs would slow down if not completely dry up!

Greg said...

I suspect that this particular court does not have the jurisdiction to order deportation.

Clayton said...

This particular charge was a federal court, prosecuting on a federal crime. If a federal judge does not have the authority to order deportation of an illegal alien, who does?

Greg said...

There is a separate parallel structure for Immigration matters starting at the level of Customs and Border Protection (CBP) Officers who can in certain cases order a deportation, going on to Asylum Officers who investigate asylum requests then to Immigration Judges who can order deportation in cases brought before them and culminating with the Board of Immigration Appeals (BIA). Normally in cases where a criminal charge which could make him deportable is lodged against an alien a detainer is filed with the arresting agency by an ICE or CBP officer. The detainer is an order to present the subject to the immigration authorities instead of releasing him when the subject has completed his sentence.