Court of Appeals remands Rudolf's case to Immigration Courts

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Radar
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Court of Appeals remands Rudolf's case to Immigration Courts

Postby Radar » 1 decade 3 years ago (Wed Apr 26, 2006 12:07 pm)

On April 13 the US Court of Appeals for the 11th Circuit held against the government in an important part of their case involving Germar Rudolf and remanded to case to the Board of Immigration Appeals for further action on his motion to reopen his claim for "adjustment of status", meaning eligibility for admission to the US on the basis of his marriage to an American citizen. In doing so the Appeals Court joined three other Circuits in finding the Regulation of the Attorney General invalid in denying such a right to immigrants in Germar's status, namely "parolees" involved in "removal proceedings".

It remains to be seen where this will lead with Germar already in the hands of the German Gulag operators. Will he get a new hearing in the US? Will he be returned here for such a hearing? Will the US officials conjur up new reasons to block such a hearing?

In another aspect of the opinion which went against Germar the Court found that he was not entitled to asylum on the absurd grounds that the German laws under which he had been convicted were "a highly developed and sophisticated legal system" and that his original sentence was not harsh. There was no mention of the fact that this system prevents defendants from showing that the opinions for which they are charged are correct, that their lawyers can be barred for sympathizing with their clients views, and that only certain accepted views of disputed historic matters are accepted by the German court.

They also found that Germar's asylum application was not frivolous although this seems at this point to be an academic matter.

Turpitz
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Postby Turpitz » 1 decade 3 years ago (Wed Apr 26, 2006 4:11 pm)

The only reason Rudolf is in jail is because he has literally dismembered the industry's nonsensical garbage from top to bottom. This nonsense about immigration is just a covering tactic used by these evil people to try and justify their odious actions. Also to detract from the fact that they cannot rebut him and have no other option but to silence him and orchestrate his removal from public display.

The same must be said for the multitudes of lesser known people who are being carted off in ever greater numbers for thought crimes, in this artificial paradise that is becoming sicker and sicker as every day passes.

Don Heddesheimer
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Postby Don Heddesheimer » 1 decade 3 years ago (Wed Apr 26, 2006 6:45 pm)

Does anyone have a cite for this Court of Appeals decision or have a news article on this?

Radar
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Postby Radar » 1 decade 3 years ago (Wed Apr 26, 2006 8:37 pm)

Don,

Does this help? The decision was captioned "Germar Scheerer v United States Attorney General", "BIA No. A78-660-016", "Nos. 04-16231 & 05-11303".

grapple
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Postby grapple » 1 decade 3 years ago (Fri Apr 28, 2006 7:25 am)

Here is the PDF of the court opinion

www.ca11.uscourts.gov/opinions/ops/200416231.pdf

If this does not work below is the index for the April opinions of the Eleventh Circuit court where you can download it

http://www.ca11.uscourts.gov/opinions/m ... name=value

Don Heddesheimer
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Postby Don Heddesheimer » 1 decade 3 years ago (Fri Apr 28, 2006 4:21 pm)

Thank you for the help. From a cursory reading of this decision it looks like Germar's application for adjustment of status is reopened and should be granted based on his marriage to a US citizen. Now if only he can get out of jail in Germany. :)


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