Shawn Sheikhan getting deported... (link)

[KStV]

I would offer a few thoughts:

(1) As mentioned above, until we understand the facts underlying Sheikhan's conviction in California, all assumptions are improper. The possible conduct here ranges from fairly innocuous to reprehensible.

(2) Perhaps the most interesting question at this point is how the Immigration enforcement action came into being. Is it part of a newly heightened focus on Iranian Americans? Is it just the typical 10-year delay for the DHS (nee INS) to accomplish anything? Did local or state law enforcement authorities hit a wall in a totally unrelated investigation of Sheikhan and, in a last ditch effort to nail him or pry information out of him, dial up DHS? Is there some other explanation? Who knows-- but I hope we find out.

(3) There was recently a prominent study regarding the vastly different habits of Immigration judges from jurisdiction to jurisdiction. If I recall correctly, the District of Nevada is particularly pro-government in these types of cases.

(4) Even so, given Sheikhan's family and business ties, I cannot imagine the government will prevail. The U.S. government is not in the business of shipping anyone back to Iran. The absolute worst case scenario for him would be immediate asylum in a third country.

(5) In reaction to some of the ugliness in the thread above, it bears noting that a great many Iranians fled to this country around the time of the Iranian Revolution of 1979. They did so because the Islamofascist rule of the Ayatollah was unacceptable to them. The overwhelming majority of these people immediately became loyal, tax-paying, patriotic Americans. They were forced to surrender family ties to Persia reaching back hundreds and thousands of years, but they assimilated with cheerful sincerity. The great majority of these people are well-educated and prosperous. We have nothing to fear from them (but of course that doesn't stop us).

[oscillator]

BANKSY!

[Yeti]

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BANKSY!

[/ QUOTE ]

..is a complete knobber

[highsteptd]

(1) Try to think of the most "innocuous" way you can commit a crime and get 9 months for it. It's pretty safe that whatever he served 9 months for, was NOT for innocuous conduct.

(2) Don't really dig the conspiracy theory you're pitching. It's a fairly straightforward application here. a) you're an immigrant b) there is a mandatory deportation law if you're an immigrant and you commit a crime c) you commit a crime d) you're deported. How is that so hard to understand? Look, I disagree with the law, and I question their application here (waiting 10 years), but the law is the law is the law.

(3) Correct. Judges vary in every jurisdiction, whether they preside over civil, criminal, or immigration etc. However, nearly all judges are conservative by nature, and will adhere to what legislature passes and mandates.

[nekrunanus]

Let Matusow cut his balls off.

[DFSPON]

I will refrain from being banned, but a criminal conviction and legal residency status are two different things. If you commit a crime as an alien resident, you can be deported. Learn your immigration law.

The Ayatollahs will love Sheikhans poker profession. [img]/images/graemlins/grin.gif[/img]

DFSPON

[Rottersod]

[ QUOTE ]
Yeah, just like Nazi Germany. All of you morons who say that have no idea how offensive it is or how retarded you sound when you diminish what happened during the Nazi reign by comparing it to modern day USA. Oh man, America is deporting a non-US citizen who committed a crime, this is just like how the Nazis killed all of those innocent people. I don't think that he should be deported at all, but get out of your "USA is fascist" bubble and take a reality check. For what it's worth, he should have been smart and applied for citizenship as soon as he could, just like any legal immigrant should, but it's too bad that it caught up to him with a wife and child.

[/ QUOTE ]

When people compare something with Nazi Germany they usually mean (even without realizing that they do) the early stages after Hitler came into power and especially after the staged burning of the Reichstag. This was when the country became overtly fascist and civil liberties were trod on with an iron boot.

[Your Mom]

[ QUOTE ]
[ QUOTE ]
Yeah, just like Nazi Germany. All of you morons who say that have no idea how offensive it is or how retarded you sound when you diminish what happened during the Nazi reign by comparing it to modern day USA. Oh man, America is deporting a non-US citizen who committed a crime, this is just like how the Nazis killed all of those innocent people. I don't think that he should be deported at all, but get out of your "USA is fascist" bubble and take a reality check. For what it's worth, he should have been smart and applied for citizenship as soon as he could, just like any legal immigrant should, but it's too bad that it caught up to him with a wife and child.

[/ QUOTE ]

When people compare something with Nazi Germany they usually mean (even without realizing that they do) the early stages after Hitler came into power and especially after the staged burning of the Reichstag. This was when the country became overtly fascist and civil liberties were trod on with an iron boot.

[/ QUOTE ]

Throwing a criminal who isn't a citizen out of the country surely doesn't violate his civil liberties.

[KStV]

[ QUOTE ]
(1) Try to think of the most "innocuous" way you can commit a crime and get 9 months for it. It's pretty safe that whatever he served 9 months for, was NOT for innocuous conduct.

(2) Don't really dig the conspiracy theory you're pitching. It's a fairly straightforward application here. a) you're an immigrant b) there is a mandatory deportation law if you're an immigrant and you commit a crime c) you commit a crime d) you're deported. How is that so hard to understand? Look, I disagree with the law, and I question their application here (waiting 10 years), but the law is the law is the law.

(3) Correct. Judges vary in every jurisdiction, whether they preside over civil, criminal, or immigration etc. However, nearly all judges are conservative by nature, and will adhere to what legislature passes and mandates.

[/ QUOTE ]

(1) See Genarlow Wilson. Serving 10 years w/out parole for receiving consensual fellatio from a 15 year old. He was 17 at the time. I'm not saying that's what happened here; just saying there's a range-- and it's wider than most people think.

(2) I'm not pitching a conspiracy theory. DHS selectively enforces this statute. Their decisons as to when to enforce this statute are not random.

(3) Immigration judges have perhaps the greatest degree of discretion in the federal judiciary-- particulary in matters of deportation. Application of this law and its statutory relatives is remarkably uneven.

[Rottersod]

[ QUOTE ]
[ QUOTE ]
[ QUOTE ]
Yeah, just like Nazi Germany. All of you morons who say that have no idea how offensive it is or how retarded you sound when you diminish what happened during the Nazi reign by comparing it to modern day USA. Oh man, America is deporting a non-US citizen who committed a crime, this is just like how the Nazis killed all of those innocent people. I don't think that he should be deported at all, but get out of your "USA is fascist" bubble and take a reality check. For what it's worth, he should have been smart and applied for citizenship as soon as he could, just like any legal immigrant should, but it's too bad that it caught up to him with a wife and child.

[/ QUOTE ]

When people compare something with Nazi Germany they usually mean (even without realizing that they do) the early stages after Hitler came into power and especially after the staged burning of the Reichstag. This was when the country became overtly fascist and civil liberties were trod on with an iron boot.

[/ QUOTE ]

Throwing a criminal who isn't a citizen out of the country surely doesn't violate his civil liberties.

[/ QUOTE ]

How about throwing out a legal resident of 40+ years with a wife and kid who was convicted 12 years ago of a misdemeanor, served his sentence and finished probation years ago?