Judge spares heroin dealer from jail

Does this become case law now? Can umm someone use this say if they get bagged with a trunk full of corn squeezings?

Asking for a friend.
 
Oh, if it were only that easy. Even felons get to stay if the judge says so. Yeah, he'll be picked up, but the judge is a whole different ballgame. Sorry to rain on your parade, but it's what I've been dealing with for a couple of years now.
Dealing with what? It's no rain on my parade-I have no stake in this at all. A drug sale is an aggravated felony and there is no relief from removal for a conviction as far as I know.
 
What’s the outrage about? Non violent drug crime. Accepted a plea. Legal permanent resident. I’m not seeing the problem.

To maintain legal permanent status, you must remain legal. No criminal activity, no criminal convictions. He broke the law. Should be in prison, should be deported.

Full stop.
 
Karma is when they find one of the Judge's kids or grandkids at room temperature with a needle full of the shit this guy is selling in their arm.
It's always ok when it's other people who are affected by the a-holes these liberal puke judges turn back onto the streets.
Not so much when they have to feel the pain.
 
I love how preying on addicts to support your family is 'just a money crime'. Nothing about selling heroin is "just a money crime'. I think it's disgusting to ever hear the judge make that argument.

There's a lot wrong with that article and much going on behind the scenes there. First the prosecutor reduced the crime from trafficking which has a mandatory prison sentence to possession with intent to distribute. That permitted the defendant to go unagreed with the prosecutor on a plea. Everyone involved knew that he was going to avoid jail time and that it was pure grandstanding for the masses to ask for prison let alone jail. Second, the main reason is because the guy will definitely be removed from the US at some point due to the conviction. He can not stay legally in the US now. Pretty soon he'll be picked up by immigration when he comes to court to see his probation officer. It's an aggravated felony for immigration purposes and that's a wrap. It's all a set up. Commonwealth doesn't pay to incarcerate and avoids a trial but gets rid of defendant.

It won't be the first time if people keep ICE from deporting this guy. It's been better recently, but we are in Massachusetts.
 
What’s the outrage about? Non violent drug crime. Accepted a plea. Legal permanent resident. I’m not seeing the problem.

It's about consistency for me. Up until the point that heroin is legalized/decriminalized, the government and the judiciary have the responsibility to act accordingly with established policy/law. The government and the judicial system have staked out the position that heroin is a serious issue, one that is inflicting many costs upon the citizenry, and they should start to follow through with that policy from top to bottom. I do not buy the argument that selling drugs that are extremely dangerous to people is a non-violent crime. The reason the government has deemed it illegal and spends millions to interdict it, is because they argue that it is highly dangerous to people (and now funds terrorist organizations). They should be treating the street level dealer as a danger to society and not making excuses for that behavior.

I am not a huge statist, and I don't think that making things illegal is magic solution. However the problem with pills and heroin is actually bad enough that I don't think letting up on prosecutions is acceptable. There have been some interesting experiments with legalization that I think should be explored here. That won't happen, though, so they need to stop treating these criminals with kid gloves.

The reason most people break the law is to feed their families. Do we really want that to be a standard now?
 
He was charged and convicted. They didn’t give him a free pass.

And I absolutely think government should stop enforcing things that are crimes only by virtue of a statutory prohibition and not because of harm or damage to people, property, or liberty.
 
Dealing with what? It's no rain on my parade-I have no stake in this at all. A drug sale is an aggravated felony and there is no relief from removal for a conviction as far as I know.

What I'm f'ing telling you is that there IS relief from removal. All an Immigration Judge needs to do is accept a stay of deportation. Without a felony conviction it's harder. This cat should have a double whammy against him, 'drugs' + 'felony', now he only has drugs. It's not a guarantee of removal.
 
Im a little numb to the "opiate epidemic".
How many OD's has this guy caused? 0, unless he was moonlighting forcibly injecting people. The person OD'ed because they stuck a needle in their arm of Heroin or god knows what else, not because this guy sold it to them.

Its illegal. He got caught. He should be punished and should be in jail. But I dont really care to see the long list of names of people that have overdosed. Thats on them. Not him.
 
What I'm f'ing telling you is that there IS relief from removal. All an Immigration Judge needs to do is accept a stay of deportation. Without a felony conviction it's harder. This cat should have a double whammy against him, 'drugs' + 'felony', now he only has drugs. It's not a guarantee of removal.
You seem angry at me about this. Why? I'm interested in learning the legal basis for how a person with an aggravated felony conviction avoids removal. I'm not an immigration lawyer but deal with it all the time and I'm told by experienced immigration attorneys that a valid aggravated felony is a dead end.
 
You seem angry at me about this. Why? I'm interested in learning the legal basis for how a person with an aggravated felony conviction avoids removal. I'm not an immigration lawyer but deal with it all the time and I'm told by experienced immigration attorneys that a valid aggravated felony is a dead end.

Nah, not angry. There's a saying in the various immigration enforcement agencies: The case goes on until the alien wins. Unlike most government enforcement actions where it's the opposite.

There is no legal basis for an agg felon to remain in the US, so the people you have talked to aren't 'wrong'. In fact, it's an automatic disqualifier 'on paper'. But judges get to make decisions from the bench and for some reason the government doesn't push the issue. In facebook terms, 'it's complicated'. Now we have criminal court judges murking the water even further by not accepting felony plea deals or not sentencing based on how it will effect immigration proceedings. You or I would be hung out to dry, but because this person is 'special', he gets a break. Either we are all equal, or we are not in the eyes of the law.

There are still a lot of previously appointed judges in the system who continue to push this agenda. There are also a lot of government lawyers who are not interested in actually enforcing 'these' laws. While I obviously can't post actual case histories, a lot of people who shouldn't be here are still here.
 
Let the poor guy go.. he was just trying to make a buck. Happy to see his record wiped clean, right after he is waterboarded and gives up the people who supplied the heroin to him.
 
Here is a breakdown of the law for your viewing pleasure:

8 U.S. Code § 1227 - Deportable aliens
or
INA: ACT 237 - GENERAL CLASSES OF DEPORTABLE ALIENS | USCIS

Basically the same stuff from different angles, since he wasn't applying to enter, otherwise it would be the INA 212 codes at entry.

The 212 codes are here and show that if he is actually deported, his ability to re-enter the US are quite complicated by the felony conviction and only 'complicated' by the misdemeanor conviction, depending on how it's recorded:

INA: ACT 212 - GENERAL CLASSES OF ALIENS INELIGIBLE TO RECEIVE VISAS AND INELIGIBLE FOR ADMISSION; WAIVERS OF INADMISSIBILLITY | USCIS

This is the 'book' law that was taught to me in painful powerpoint over 6 months. I can say that the actual implementation of the law is quite different, at least in my current area of operations which is pretty much controlled by the loudest voice at a protest.

212(A)(2)(i) and the following codes deal with the time served and how it affects entry. So you can see how the criminal system can play the immigration system depending on criminal case outcome.

If you can read through all that and not have a huge headache, immigration law may be your niche in life.
 
The terms of his probation should be to be forced to live(reside) next door to the judge.

Apparently the judge thinks he is only guilty of practicing pharmacy without a license
 
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