Holiday to US & Military arrest
Nov 19th 2009, 6:24 am
#16
American Expat
Joined: Jan 2004
Posts: 7,598
Re: Holiday to US & Military arrest
Hi:
Not too shabby. However, I wonder how you were able to find S-B-, but not find the cases I referenced about AWOL. The 2007 BIA case makes a direct citation of S-B-. The description of conviction in S-B- shows that there were three different flavors of desertion one of which did not involve moral turpitude and that the Board's ruling was limited to the facts of that case. We don't know the facts of Paul's AWOL or the insubordination. S-B- should not be extended beyond its facts.
Also, a comment on style -- your statement about desertion being "much worse" that AWOL is written in a way as it was extracted from S-B-. I would suggest that you make a statement that it is your own opinion -- that might clarify things.
Not too shabby. However, I wonder how you were able to find S-B-, but not find the cases I referenced about AWOL. The 2007 BIA case makes a direct citation of S-B-. The description of conviction in S-B- shows that there were three different flavors of desertion one of which did not involve moral turpitude and that the Board's ruling was limited to the facts of that case. We don't know the facts of Paul's AWOL or the insubordination. S-B- should not be extended beyond its facts.
Also, a comment on style -- your statement about desertion being "much worse" that AWOL is written in a way as it was extracted from S-B-. I would suggest that you make a statement that it is your own opinion -- that might clarify things.
Thank you for your constructive input. I couldn't come up with S-B- yesterday. I wasn't at home so I didn't have access to some of the CIMT info I had stashed away.
Even though desertion can carry a death penalty in the worst case, I'll be sure to qualify the comments about severity with an IMHO to make it more clear that it is merely an opinion.
It's hard for most people to understand that severity is really not a major deciding factor when it comes to admissibility anyway. It makes your head hurt when you think about how two shoplifting convictions could potentially make someone inadmissible, but getting drunk and accidentally killing someone with your car often does not. It would probably be better not to touch on severity as an aspect of the matter at all.
Nov 19th 2009, 10:10 am
#17
Account Closed
Joined: Sep 2002
Posts: 16,266
Re: Holiday to US & Military arrest
Hi:
Thank you.
FWIW, when a legal question is asked here and specific legal citations are made to support an opinion, that clearly and unequivocally crosses over the line of what lawyers do.
Reading cases is not all that easy. I know that I have posted some from time to time as matters of interest -- although they are easy for me to read, I've been reminded over and over again that I then have to explain them.
People at DHS and state have this habit of making pronouncements followed by a citiation which clearly show that the person never even read the case. This is particularly true when it gets ensconsed in "boilerplate."
Thank you.
FWIW, when a legal question is asked here and specific legal citations are made to support an opinion, that clearly and unequivocally crosses over the line of what lawyers do.
Reading cases is not all that easy. I know that I have posted some from time to time as matters of interest -- although they are easy for me to read, I've been reminded over and over again that I then have to explain them.
People at DHS and state have this habit of making pronouncements followed by a citiation which clearly show that the person never even read the case. This is particularly true when it gets ensconsed in "boilerplate."
Nov 21st 2009, 1:17 am
#18
Just Joined
Thread Starter
Joined: Nov 2009
Posts: 3
Re: Holiday to US & Military arrest
Thanks again for all the comments and information (won't call it anything more than that)
The information was helpful and I have been in touch with the Army here and I am clearer about stuff now.
Folins - Just about what you said about my sentence - yeah it was harsh but it was that or a shorter sentence but getting a bad discharge. My officers spoke up for me and I did afterwards when I was back with my unit. I was only 20 then so it was like going back to basic training but alot tougher and stricter but I was still a kid really. I remember at Stage 1 there just being under pressure all the times - all drills and excercises, marching everywhere, , doing everything at double time and all the kit and cell/room inspections. I'd be so tierd at night I was ready to sleep as soon as I hit the mattress. We had no radio/TV/canteen at first everything was earned. Even being allowed to have a smoke was a privilege you had to earn. Things got better after a while as I moved on to the next Stage and you got a bit more freedom. Like I said when I got out I was a much better and fitter soldier.
I only left a few months ago and hope I did the right thing. My Dad wants to retire and I am taking over the family business so that's why I did that.
I met loads of American military in Afghanistan and have loads of respect for them. I know I've gone way off topic so apologies for that
The information was helpful and I have been in touch with the Army here and I am clearer about stuff now.
Folins - Just about what you said about my sentence - yeah it was harsh but it was that or a shorter sentence but getting a bad discharge. My officers spoke up for me and I did afterwards when I was back with my unit. I was only 20 then so it was like going back to basic training but alot tougher and stricter but I was still a kid really. I remember at Stage 1 there just being under pressure all the times - all drills and excercises, marching everywhere, , doing everything at double time and all the kit and cell/room inspections. I'd be so tierd at night I was ready to sleep as soon as I hit the mattress. We had no radio/TV/canteen at first everything was earned. Even being allowed to have a smoke was a privilege you had to earn. Things got better after a while as I moved on to the next Stage and you got a bit more freedom. Like I said when I got out I was a much better and fitter soldier.
I only left a few months ago and hope I did the right thing. My Dad wants to retire and I am taking over the family business so that's why I did that.
I met loads of American military in Afghanistan and have loads of respect for them. I know I've gone way off topic so apologies for that
Nov 21st 2009, 11:59 am
#19
BE Enthusiast
Joined: Apr 2009
Location: Berkeley, CA
Posts: 927
Re: Holiday to US & Military arrest
Thank you for your service. Good luck with the trip, I hope you don't have any problems at the border.
