23 July 2006
heres an interesting story we just came across via drudge. whatever the judge did in this case isnt what interests us, our interest lies in this statement:
"Experts said that Fink as a state judge had no authority to order an arrest for violation of a federal immigration law."we dont know who these so called 'experts' are but we think they are wrong. admittedly we dont know for sure if being in the country illegally is a felony or not but we do know that there is a federal law that makes it a crime for not reporting a felony. even if being in the country unlawfully isnt a felony it doesnt make any sense, to us at least, that a court of law no less, doesnt have any jurisdiction when it becomes aware that a crime has or is being committed.
Judge Who Told Illegal Immigrant To Leave Court Is Dismissed
POSTED: 8:15 am PDT July 22, 2006
UPDATED: 8:21 am PDT July 22, 2006
LOS ANGELES -- A judge who threatened deportation to Mexico for an illegal immigrant seeking a restraining order against her husband has been dropped from the roster of part-time judges used by the Los Angeles County Superior Court.
Judge Pro Tem Bruce R. Fink, a family law attorney from Orange, was removed from the list of about 1,200 attorneys who are used as substitute judges for the county, court spokesman Allan Parachini said Friday.
"A lot of people run from controversy," Fink said. "It doesn't bother me. Remember, I was doing this as a volunteer."
During the July 14 hearing in Pomona, Fink asked Aurora Gonzalez if she was an illegal immigrant.
Gonzalez, who accused her husband of verbal abuse and threatening to report her to immigration authorities, acknowledged being in the country illegally.
"I hate the immigration laws that we have, but I think the bailiff could take you to the immigration services and send you to Mexico," the judge responded, according to a court transcript. "Is that what you guys want?"
Fink later warned Gonzalez that he was going to count to 20 and expected her to disappear by the time he was finished.
"One. Two. Three. Four. Five. Six. When I get to 20, she gets arrested and goes to Mexico," Fink said, according to the transcript.
Gonzalez left the courtroom and Fink dismissed the case.
She moved into a domestic violence shelter last month, and could not be reached for comment.
Gonzalez has since resubmitted her request for a restraining order and had it granted, Parachini said.
Experts said that Fink as a state judge had no authority to order an arrest for violation of a federal immigration law.
"I did not want this woman deported," Fink said. "Now I understand that the court does not get involved in immigration status as long as it is not thrust upon it." EXTERNAL LINK
Posted by wst... at 19:50