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 IMMIGRATION NEWS
 

An Indisputable Right


By, Edward Juarez
Immigrant's Voice (TV program) 
Column: May 5, 2009
Give your opinion on our Immigration Forum
Edward's Blog                                               

                            

 
  Founder and President

The Supreme Court will consider the enormous repercussions of one of the sections of the ‘Real ID Act”, which had been enacted in 2005, by a republican congressman.  Section 242(a)(2)(b)(ii), prohibits the judicial revision of discretionary decisions by the immigration courts.  This prevents a federal court to revise a motion in order to reopen an immigrant’s case so that he or she may be able to defend themselves of their expulsion out of the country, and has eliminated the Habeas Corpus in all final rulings.
The Legal Division of the International Immigrants Foundation, reminds us that Habeas Corpus defends us when a representative of the justice or an immigration agent, for example; takes the law into their own hands when making arbitrary decisions.
To prevent this from happening, Habeas Corpus legally protects us of any prohibited proceedings, or of an arrest which was made using illicit tactics where by a Judge can determine if the proceedings conducted were legal or not.
The Habeas Corpus right, grants: 1) That you are immediately informed, in a comprehensible manner, about the cause of arrest and the rights which protect you.  2) The right to remain silent and not declare against oneself, to prevent incriminating yourself.  3) The right to be innocent until proven guilty. 4) The right to an attorney.  5) The right to see a doctor.  6) The right to notify someone about your arrest. 7) The right to an interpreter, among others.
Nevertheless, these undeniable rights belonging to every human being have practically been eliminated in immigration proceedings.  For this reason, a favorable decision by the Supreme Court is extremely important.

In my next free conference about immigration, on May 16, I will thoroughly explain how to protect yourself and how to be in complete control of your immigrations case

 

Eduardo Juárez is president of the International Immigrants Foundation. For assessment of questions concerning immigration, visit the International Immigrants Foundation in the Immigrant Building: 7 West 44 Street, Manhattan, N.Y. or call (212) 302-2222.                                
 
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