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Unlawful Detention Lawsuit

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  • 08-01-2008, 04:02 PM
    vanhoef
    Re: Unlawful Detention Lawsuit
    8 USC 1227: Domestic violence, stalking, and child abuse.-Any alien who at any time after entry is convicted of a crime of domestic violence, a crime of stalking, or a crime of child abuse, child neglect, or child abandonment is deportable. For purposes of this clause, the term "crime of domestic violence" means any crime of violence (as defined in section 16 of title 18, United States Code) against a person committed by a current or former spouse of the person, by an individual with whom the person sha res a child in common, by an individual who is cohabiting with or has cohabited with the person as a spouse, by an individual similarly situated to a spouse of the person under the domestic or family violence laws of the jurisdiction where the offense occurs, or by any other individual against a person who is protected from that individual's acts under the domestic or family violence laws of the United States or any State, Indian tribal government, or unit of local government.

    There was a conviction for stalking, but none of the other was correct; The state code (VA) was 18.2-60.3 "places that other person in reasonable fear of death, criminal sexual assault, or bodily injury" none of this is applicable.

    Thus I believe that my action under 42 USC 1983 was correct; detention was unlawful and I argued the fact of detention; however the underlying was an unjust criminal charge.
  • 08-01-2008, 04:27 PM
    BOR
    Re: Unlawful Detention Lawsuit
    I don't know what else to say. If you have supporting case law to back you up, stay with it!!
  • 08-01-2008, 05:43 PM
    vanhoef
    Re: Unlawful Detention Lawsuit
    My experience with case law is that the one time when it exactly applies it is not accepted, or that a case is made up that is not my case and the judge tells the case law does not fit.

    I would like to get that DHS record cleared is that a late reopening of the immigration court case?
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