KINSHIP MAY BE CONSIDERATION IN OBAMA'S ILLEGAL AUNT'S REPRIEVE

KINSHIP MAY BE CONSIDERATION IN OBAMA'S ILLEGAL ALIEN AUNT CASE

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ORF sez:  This is an interesting case because of the reprieve and the length of time this individual has lived illegally in the United States.  In the 2006 case: ALBERTO R. GONZALES, ATTORNEY GENERAL v.MICHELLE THOMAS et al. on petition for writ of certiorari to the united states court of appeals for the ninth circuit - No. 05-552.

 Decided April 17, 2006, the U.S. Supreme Court vacated an order by the 9th Circut Court that reversed an immigrations judge ruling in the Board of Immigration Appeals, denying a white South African's appeal of deportation based on a request for political asylum.  The individual from South Africa feared for his life if he was forced to leave the United States and return to his homeland.  The fear this individual had was based on his admitted racism and mistreatment of blacks in South Africa before he illegally entered the United States.  His request for political asylum was denied by an immigration judge. 

 The case went before the U.S. Supreme Court in 2006.  SCOTUS vacated the 9th Circut Courts ruling and returned the case to the Board of Immigration Appeals to be heard by an immigration judge, again.  What's interesting about this case is the race of the illegal, his homeland of origin, his admitted racism against blacks in South Africa and his fear for his live which was his basis for requesting political asylum.  

The Justice's opinion in this case:    " We can find no special circumstance here that might have justified the Ninth Circuit's determination of the matter in the first instance. Thus, as in Ventura, the Court of Appeals should have applied the "ordinary 'remand' rule." Id., at 18.

     We grant the petition for certiorari. We vacate the judgment of the Court of Appeals. And we remand the case for further proceedings consistent with this opinion."

TITLE 8 > CHAPTER 12 > SUBCHAPTER II > Part IV > § 1227 defines what a deportable alien is, according to U.S. law.

  The Justices went on to define kinship and particular social groups as they apply to immigration status.  You can read the case and the law at the link below.

http://docs.google.com/Doc?id=ddwqvm8g_240fsz43ngf&hl=en