The long nightmare has just begun: Inauguration of a fraud.

fool

Well-known member
Hall of Fame
Federal Judge In L.A. Issues Restraining Order Against Trump Travel Ban

A federal judge in Los Angeles issued a temporary restraining order Tuesday night against the enforcement of President Donald Trump’s immigration executive order.

Judge André Birotte Jr. ruled that Trump’s immigration order posed a likelihood of “irreparable harm” against 28 plaintiffs, including both U.S. citizens and their relatives who had received visas to immigrate to the country, the Sacramento Bee noted. The order allows dozens of Yemeni travelers stuck in Djibouti to travel to the United States.

In his ruling, Birotte extended the restraining order to protect “any other person from Iran, Iraq, Libya, Somalia, Sudan, Syria and Yemen with a valid immigrant visa” from U.S. officials tasked with enforcing Trump's order.

"With Valid Immigrant Visa"
Trump just revoked all the Visas.
So there are none.
The people getting let in are having the revocation waived at the discretion of Customs and Border Patrol after a nice long talk.
So, maybe Town can clarify for us how all these things mesh but it looks like this order is grandstanding on the part of the judge.
 

Town Heretic

Out of Order
Hall of Fame
"With Valid Immigrant Visa"
Trump just revoked all the Visas.
So there are none.
I'd need to see the order, but I imagine the judge considers visas issued prior to the order to be valid if they were invalidated by the order and no other legal operation.

The people getting let in are having the revocation waived at the discretion of Customs and Border Patrol after a nice long talk. So, maybe Town can clarify for us how all these things mesh but it looks like this order is grandstanding on the part of the judge.
Not really my area of law. I'm going to try to find the order or one like it issued recently. My understanding is that a number of judges have issued likened stays. Haven't read the language of any so far though. Let me get back to you.
 

Town Heretic

Out of Order
Hall of Fame
This Just In:

Dick Cheney says Trump's action, "goes against everything we stand for and believe in."

Do you realize how off base you have to be for Dick Cheney to side with the left? :plain:
 

fool

Well-known member
Hall of Fame
I'd need to see the order, but I imagine the judge considers visas issued prior to the order to be valid if they were invalidated by the order and no other legal operation.


Not really my area of law. I'm going to try to find the order or one like it issued recently. My understanding is that a number of judges have issued likened stays. Haven't read the language of any so far though. Let me get back to you.
Here's Trump Order at the White House Site;
https://www.whitehouse.gov/the-pres...-nation-foreign-terrorist-entry-united-states

And here's the Judges Order at some cloud thing:
https://assets.documentcloud.org/documents/3440731/CD-Cal-Order-1-31-17.pdf
 

fool

Well-known member
Hall of Fame
This Just In:

Dick Cheney says Trump's action, "goes against everything we stand for and believe in."

Do you realize how off base you have to be for Dick Cheney to side with the left? :plain:

Coke and Pepsi Hate Orange Crush.
This is a given.
 

Danoh

New member
This Just In:

Dick Cheney says Trump's action, "goes against everything we stand for and believe in."

Do you realize how off base you have to be for Dick Cheney to side with the left? :plain:

You mean with what is just - be it from the so called Left, the Right, the Middle, or what have you.

For such labels are so stupid.

As if human beings are meant to function from within such rigid lenses.

Would that we could ask our Unknown Soldiers about such fool labels...

:doh:
 

Town Heretic

Out of Order
Hall of Fame
Don't have the LA copy yet, but here's a stay issued out of New York. It's about removal and here's the substance of the stay:

1. The petitioners have a strong likelihood of success in establishing that the removal of the petitioner and others similarly situated violates their right to Due Process and Equal Protection guaranteed by the U.S. Constitution;

2. There is imminent danger that absent a stay of removal there will be substantial and irreparable injury to the refugees, visa-holders, and other individuals from nations subject to the January 27, 2017 Executive Order;

3. The issuance of the stay of removal will not injure the other parties interested in the proceeding;

4. It is appropriate and just that, pending completion of a hearing before the Court on the merits of the Petition, that the Respondents be enjoined and refrain from the commission of further acts and misconduct in violation of the Constitution as described in the Emergency Motion for Stay of Removal.

Here's the link. It also mentions valid visas but given the order being stayed creates the invalidation, it's a moot point. The judge clearly appears to believe it won't pass Constitutional muster, with his use of "further acts and misconduct" etc.


Coke and Pepsi Hate Orange Crush.
This is a given.
But nobody doesn't like Sara Lee. :nono:

:think: I guess that would be Bernie.
 

Town Heretic

Out of Order
Hall of Fame
He did not provide tax returns and he was elected president anyway. :greedy: Why are you still talking about his tax returns? :AMR: You're not getting them. Get over it.
I didn't say anything about his tax returns. I was referencing his pride in paying as little taxes as possible. His lies about the returns just goes to character he wasn't credited with possessing in the first place, so...

So. Anyone can sue anybody for anything. That's what keeps you all in business. It doesn't mean that it's news worthy.
Which would be a strong rebuttal if the people involved in the suing weren't renowned jurists who aren't suing for "anything". :plain:
 

fool

Well-known member
Hall of Fame

So, let's say that the Judges Order gets them to LAX, Does that mean that CBP has to let them out of the customs area?
How does this shoot out go down?
Is it U.S. Marshals following a Federal Judges Order to release the visa holders shooting it out with Customs and Border Patrol who are detaining them at their discretion until they decide to waive their visa revocations?

Is that how the rubber meets the road?

Or as long as visa holders are not being sent back does everyone keep their heat skinned?
 

fool

Well-known member
Hall of Fame
Don't have the LA copy yet, but here's a stay issued out of New York. It's about removal and here's the substance of the stay:



Here's the link. It also mentions valid visas but given the order being stayed creates the invalidation, it's a moot point. The judge clearly appears to believe it won't pass Constitutional muster, with his use of "further acts and misconduct" etc.


But nobody doesn't like Sara Lee. :nono:

:think: I guess that would be Bernie.

So,
I don't know what that means.
Can federal judges give people visas? Or unrevok revoked visas? Bottom line it for us here first.
Are we about to have a crisis with people pointing guns at each other?
 

Town Heretic

Out of Order
Hall of Fame
So, let's say that the Judges Order gets them to LAX, Does that mean that CBP has to let them out of the customs area?
How does this shoot out go down?
Is it U.S. Marshals following a Federal Judges Order to release the visa holders shooting it out with Customs and Border Patrol who are detaining them at their discretion until they decide to waive their visa revocations?

Is that how the rubber meets the road?

Or as long as visa holders are not being sent back does everyone keep their heat skinned?
As it's a Constitutional matter relating to the lawfulness of issuance law enforcement isn't going to disobey a stay from a federal judge on the point. And with the order itself effectively suspended on the point you have no cause to detain. That's how I read it. I have a friend who specializes in this sort of thing. I'll run the point by him for more detail.
 

fool

Well-known member
Hall of Fame
As it's a Constitutional matter relating to the lawfulness of issuance law enforcement isn't going to disobey a stay from a federal judge on the point. And with the order itself effectively suspended on the point you have no cause to detain. That's how I read it. I have a friend who specializes in this sort of thing. I'll run the point by him for more detail.

So what's Trump's next move?
 

Town Heretic

Out of Order
Hall of Fame
So what's Trump's next move?
Send his boys into Court to oppose the stay at hearing and appeal it if they don't like the verdict.

So, I don't know what that means.


It's only 35 seconds, but it seems a whole heck of a lot longer, doesn't it?

Can federal judges give people visas? Or unrevok revoked visas? Bottom line it for us here first.
Are we about to have a crisis with people pointing guns at each other?
It's not complicated really. The Executive Order has been stayed on the point, meaning it can't be used to invalidate the visas meaning there's no cause to detain people using them. There's no reason for anyone to be pointing guns.

The AG's office should be active momentarily. And I'm reading there may be an ex parte argument that releasing those detained, pending the hearing, could constitute a present danger, so there's potential limbo that might need yet another hearing.
 

fool

Well-known member
Hall of Fame
Send his boys into Court to oppose the stay at hearing and appeal it if they don't like the verdict.




It's only 35 seconds, but it seems a whole heck of a lot longer, doesn't it?

It's not complicated really. The Executive Order has been stayed on the point, meaning it can't be used to invalidate the visas meaning there's no cause to detain people using them. There's no reason for anyone to be pointing guns.

The AG's office should be active momentarily. And I'm reading there may be an ex parte argument that releasing those detained, pending the hearing, could constitute a present danger, so there's potential limbo that might need yet another hearing.

So the airports are gonna look like this?
 

annabenedetti

like marbles on glass
As it's a Constitutional matter relating to the lawfulness of issuance law enforcement isn't going to disobey a stay from a federal judge on the point. And with the order itself effectively suspended on the point you have no cause to detain. That's how I read it. I have a friend who specializes in this sort of thing. I'll run the point by him for more detail.

Thank you. I'm glad you're here.
 
Top