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Is it really "illegal?"

DuddlyDolt:
Evading, ducking, bobbing and weaving away form indisputable facts -- as you keep doing -- doesn't support your erroneous claims.

Your behavior serves only to confirm that you re a dishonest pussy.

Once again, the law called "improper entry" is a criminal law providing (as only a criminal law can) for criminal penalties like jail or prison. It is a criminal statute no matter how much you piss, moan, groan, cry and lie.

A REMOVAL proceeding is not criminal. It is civil or administrative in nature. Thus, even if the alien is detained in a detention facility, that is not criminal in nature since the detention is simply to assure that the alien can ultimately be deported if that is the outcome of the proceeding.

Once again: reality wins. You lose.

I'll tell you like I told someone on this board what I thought of them. You talk a lot of trash, but you FAIL. That's why you need the name calling and the fancy avatar and all the pics, fancy and colorful type.

Your problem is, you are keyboard commando that has never held a full time job; you have relatively little education and no respect for your fellow man. I'm not going to get into your pissing match.

I would tell anyone that has a question about this thread, rather than try to explain it, go to an attorney OR maybe a local college that has a law library. Show this to someone that has a law degree (lawyer, judge or even law librarian.) Ask them to show you any fact that I have misrepresented in the course of this thread.

LIE Ability has presented his view that civil laws are crimes, but the fact is they most assuredly are not. He's been asked and answered... he has not reciprocated. Telling people things that ARE NOT true, LIE Ability won't make them come true no matter what size font you use, no matter what you call me, and no matter how many times you say it.

I'll tell you the same thing I told your boy toy. You've written things on this board that you would not say to my face. Had I said them to you, I'd be wanting a fight. So, if you are bucking to see if I will or won't, I have a PM here. I'm not a hard man to find. Win, lose or draw I will not take a step backward from you.

You've shown that you cannot engage in civil discourse without the name calling and the bullshit. You've proven not to be worthy of my time or my interest, so now you've been told and I don't have to respond to you further. If you want something from me, PM me. Other than that, you are not worth my time and if people rely on you for legal advice, they will be bankrupt before the end of that business day.

So, the people reading and not commenting can make their decision based upon the research they do relative to the links provided.

You can say all such shit you wish.

But facts remain facts regardless of your preferences.

You remain entirely wrong. Being stubborn and adamant in your ignorance and stupidity is bad enough. Being a liar is another matter. Shame on you.

I do not say that a law is both civil and criminal.

That's just you lying again.

I say the law (improper entry) is criminal because -- well -- it simply is.

I say the deportation laws are civil/administrative in nature because -- well -- they are

Asshole liars like you like to conflate the laws. But your bullshit convinces nobody that you are right because you remain wrong. Your behavior only confirms yet again that you are ignorant, stupid and dishonest.
 
Last edited:
Zoom-boing,

It's about time to end this B.S. right here and right now. Repeating the advertising literature of lawyers is not the same as picking up the phone and asking one to end this argument by telling you whether we're talking crime or civil action.

What you just did was the equivalent of quoting a commercial for sugar based cereal with the slogan "it's good for you." Game time is over. If you cannot understand what I'm about to say, you don't have even a high school understanding of civics.

First, as stated, you buy into the sales literature of lawyers, but then claim they're stretching the truth about why they do or do not consider entry a crime.

Now you can call me names all day long. You won't be the first dickless chickenshit to do it. The real issue is what you would say to a man's face. I won't waste time on you further if you think you can lure me into some kind of faggot ass relationship as been offered by your cheering section. I'm heterosexual. So, I'm showing you the same degree of respect you've shown me.

Next point: It is a FACT that the highest ranking immigration official in the United States RULED that deportation proceedings were civil, not criminal. In his RULING, Attorney General Mukasey cites many federal cases to uphold his ruling

Next: It is a FACT that RULINGS by the Attorney General in cases governed by Title 8 USC 1325 are the law; it is well within their exclusive jurisdiction and until over-ruled in a federal district court or above, everything you say is conjecture

Next: It is a FACT that the forum where improper entry cases are decided is NOT a criminal court, but a civil proceeding. I cited the relevant RULING on that

Next: It is FACT that Title 8 does not impose a criminal penalty, but references Title 18 for the criminal penalty. You can't overcome that - even with calling me a hundred names and posting commercials or lies in the biggest type this board will hold

Next: It is a FACT that improper entry is NOT in Title 18 of the U.S. Code, but making false / misleading statements, eluding authorities, etc. ARE in Title 18

Next: It is a FACT that Congress debated changing the law to make improper entry a crime. If it were a crime, there would be no need to change the law.


Finally, here is a free civics lesson. If you argue your case beyond this point, the ONLY people you will have fooled are those who cannot produce anything except name calling and off point cases they dug up off of Google. What I'm going to say is plain old common horse sense, so pay attention:

Title 8 USC 1325 is in a civil section of the law. In the first four posts on this thread we examined virtually every point in the interpretation of the law save of two points - and I honestly wrote my opening posts with the idea that everyone reading it had a grade school knowledge of civics.

Not only is the law plain, but ANYBODY that took grade school civics knows that the most serious of criminal activities usually generates the most severe consequences.

Under this interpretation you claim that a civil infraction is a crime. You absolutely cannot show me improper entry in Title 18 of the United States Code which is the CRIMINAL CODE. But, I can show you where eluding the authorities IS in Title 18. I can show you where making false / misleading statements are crimes in Title 18. But you cannot show me where improper entry is a crime in Title 18. But, here is your free civics lesson:

The FIFTH Amendment to the United States Constitution provides:

"No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation"

Do you see that highlighted section? You cannot try a person for a crime TWICE. The civil penalty for an improper entry is a maximum of $250 CIVIL FINE.

Civil law is civil law; criminal law is criminal. The statute makes it plain. The $250 maximum civil penalty of improper entry cannot be used to offset a separate count of eluding authorities, for example. AND, if a person is sentenced to $1000 fine for eluding authorities, that fine cannot be used to offset the improper entry. Since you cannot try a person twice, a civil fine is a civil fine. It is not a crime. Remember that little ditty and you'll be doing fine. So, to be consistent:

If eluding the authorities is a crime under Title 18 and making false / misleading statements is a crime under Title 18 AND if marriage fraud and entrepreneurship fraud are crimes under Title 18, then improper entry would have to be a crime under Title 18.

Back to my original question: If civil proceedings are crimes, then what criminal act do defendants in a divorce commit? Does everybody that gets a divorce pay a criminal fine? Does their criminal act keep them from getting a job due to their criminal record...

OR are you beginning to get the picture?

You cannot try a person for a crime TWICE.

You cannot try a person for the same crime TWICE.

If you commit a crime multiple times, your misunderstanding of the Fifth Amendment won't protect you.
 
Zoom-boing,

It's about time to end this B.S. right here and right now. Repeating the advertising literature of lawyers is not the same as picking up the phone and asking one to end this argument by telling you whether we're talking crime or civil action.

What you just did was the equivalent of quoting a commercial for sugar based cereal with the slogan "it's good for you." Game time is over. If you cannot understand what I'm about to say, you don't have even a high school understanding of civics.

First, as stated, you buy into the sales literature of lawyers, but then claim they're stretching the truth about why they do or do not consider entry a crime.

Now you can call me names all day long. You won't be the first dickless chickenshit to do it. The real issue is what you would say to a man's face. I won't waste time on you further if you think you can lure me into some kind of faggot ass relationship as been offered by your cheering section. I'm heterosexual. So, I'm showing you the same degree of respect you've shown me.

Next point: It is a FACT that the highest ranking immigration official in the United States RULED that deportation proceedings were civil, not criminal. In his RULING, Attorney General Mukasey cites many federal cases to uphold his ruling

Next: It is a FACT that RULINGS by the Attorney General in cases governed by Title 8 USC 1325 are the law; it is well within their exclusive jurisdiction and until over-ruled in a federal district court or above, everything you say is conjecture

Next: It is a FACT that the forum where improper entry cases are decided is NOT a criminal court, but a civil proceeding. I cited the relevant RULING on that

Next: It is FACT that Title 8 does not impose a criminal penalty, but references Title 18 for the criminal penalty. You can't overcome that - even with calling me a hundred names and posting commercials or lies in the biggest type this board will hold

Next: It is a FACT that improper entry is NOT in Title 18 of the U.S. Code, but making false / misleading statements, eluding authorities, etc. ARE in Title 18

Next: It is a FACT that Congress debated changing the law to make improper entry a crime. If it were a crime, there would be no need to change the law.


Finally, here is a free civics lesson. If you argue your case beyond this point, the ONLY people you will have fooled are those who cannot produce anything except name calling and off point cases they dug up off of Google. What I'm going to say is plain old common horse sense, so pay attention:

Title 8 USC 1325 is in a civil section of the law. In the first four posts on this thread we examined virtually every point in the interpretation of the law save of two points - and I honestly wrote my opening posts with the idea that everyone reading it had a grade school knowledge of civics.

Not only is the law plain, but ANYBODY that took grade school civics knows that the most serious of criminal activities usually generates the most severe consequences.

Under this interpretation you claim that a civil infraction is a crime. You absolutely cannot show me improper entry in Title 18 of the United States Code which is the CRIMINAL CODE. But, I can show you where eluding the authorities IS in Title 18. I can show you where making false / misleading statements are crimes in Title 18. But you cannot show me where improper entry is a crime in Title 18. But, here is your free civics lesson:

The FIFTH Amendment to the United States Constitution provides:

"No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation"

Do you see that highlighted section? You cannot try a person for a crime TWICE. The civil penalty for an improper entry is a maximum of $250 CIVIL FINE.

Civil law is civil law; criminal law is criminal. The statute makes it plain. The $250 maximum civil penalty of improper entry cannot be used to offset a separate count of eluding authorities, for example. AND, if a person is sentenced to $1000 fine for eluding authorities, that fine cannot be used to offset the improper entry. Since you cannot try a person twice, a civil fine is a civil fine. It is not a crime. Remember that little ditty and you'll be doing fine. So, to be consistent:

If eluding the authorities is a crime under Title 18 and making false / misleading statements is a crime under Title 18 AND if marriage fraud and entrepreneurship fraud are crimes under Title 18, then improper entry would have to be a crime under Title 18.

Back to my original question: If civil proceedings are crimes, then what criminal act do defendants in a divorce commit? Does everybody that gets a divorce pay a criminal fine? Does their criminal act keep them from getting a job due to their criminal record...

OR are you beginning to get the picture?

You cannot try a person for a crime TWICE.

You cannot try a person for the same crime TWICE.

If you commit a crime multiple times, your misunderstanding of the Fifth Amendment won't protect you.

Correct!

Like if you commit the crime of improper entry once, that's a crime for which you can be punished.

If you do it twice, you cannot get punished AGAIN for the first improper entry but you CAN get punished MORE for the second improper entry.

And one can only get punished for crimes, not for mere civil violations. Those can yield penalties, like fines. But not jail or prison.

There CAN be civil penalties also for improper entry. Like, for example, you can be sent to an immigration court for a removal proceeding and get your illegal alien ass deported. The latter is purely civil/administrative.
 
Zoom-boing,

It's about time to end this B.S. right here and right now. Repeating the advertising literature of lawyers is not the same as picking up the phone and asking one to end this argument by telling you whether we're talking crime or civil action.

How about you? You said you "practised law" for some years. Are you a lawyer, or were you merely misrepresenting yourself, idiot?
 
Zoom-boing,

It's about time to end this B.S. right here and right now. Repeating the advertising literature of lawyers is not the same as picking up the phone and asking one to end this argument by telling you whether we're talking crime or civil action.

How about you? You said you "practised law" for some years. Are you a lawyer, or were you merely misrepresenting yourself, idiot?

There is no misrepresentation, he is an idiot.
 
Zoom-boing,

It's about time to end this B.S. right here and right now. Repeating the advertising literature of lawyers is not the same as picking up the phone and asking one to end this argument by telling you whether we're talking crime or civil action.

How about you? You said you "practised law" for some years. Are you a lawyer, or were you merely misrepresenting yourself, idiot?

There is no misrepresentation, he is an idiot.

I'd tell you the same thing I tell these other pansy ass motherfuckers. Call me names on this board, but if I did it, I'd be bucking for a fight. I have a PM and damn sure won't back down.

You cannot change the facts. Improper Entry is a civil infraction NOT a crime.
 
Zoom-boing,

It's about time to end this B.S. right here and right now. Repeating the advertising literature of lawyers is not the same as picking up the phone and asking one to end this argument by telling you whether we're talking crime or civil action.

What you just did was the equivalent of quoting a commercial for sugar based cereal with the slogan "it's good for you." Game time is over. If you cannot understand what I'm about to say, you don't have even a high school understanding of civics.

First, as stated, you buy into the sales literature of lawyers, but then claim they're stretching the truth about why they do or do not consider entry a crime.

Now you can call me names all day long. You won't be the first dickless chickenshit to do it. The real issue is what you would say to a man's face. I won't waste time on you further if you think you can lure me into some kind of faggot ass relationship as been offered by your cheering section. I'm heterosexual. So, I'm showing you the same degree of respect you've shown me.

Next point: It is a FACT that the highest ranking immigration official in the United States RULED that deportation proceedings were civil, not criminal. In his RULING, Attorney General Mukasey cites many federal cases to uphold his ruling

Next: It is a FACT that RULINGS by the Attorney General in cases governed by Title 8 USC 1325 are the law; it is well within their exclusive jurisdiction and until over-ruled in a federal district court or above, everything you say is conjecture

Next: It is a FACT that the forum where improper entry cases are decided is NOT a criminal court, but a civil proceeding. I cited the relevant RULING on that

Next: It is FACT that Title 8 does not impose a criminal penalty, but references Title 18 for the criminal penalty. You can't overcome that - even with calling me a hundred names and posting commercials or lies in the biggest type this board will hold

Next: It is a FACT that improper entry is NOT in Title 18 of the U.S. Code, but making false / misleading statements, eluding authorities, etc. ARE in Title 18

Next: It is a FACT that Congress debated changing the law to make improper entry a crime. If it were a crime, there would be no need to change the law.


Finally, here is a free civics lesson. If you argue your case beyond this point, the ONLY people you will have fooled are those who cannot produce anything except name calling and off point cases they dug up off of Google. What I'm going to say is plain old common horse sense, so pay attention:

Title 8 USC 1325 is in a civil section of the law. In the first four posts on this thread we examined virtually every point in the interpretation of the law save of two points - and I honestly wrote my opening posts with the idea that everyone reading it had a grade school knowledge of civics.

Not only is the law plain, but ANYBODY that took grade school civics knows that the most serious of criminal activities usually generates the most severe consequences.

Under this interpretation you claim that a civil infraction is a crime. You absolutely cannot show me improper entry in Title 18 of the United States Code which is the CRIMINAL CODE. But, I can show you where eluding the authorities IS in Title 18. I can show you where making false / misleading statements are crimes in Title 18. But you cannot show me where improper entry is a crime in Title 18. But, here is your free civics lesson:

The FIFTH Amendment to the United States Constitution provides:

"No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation"

Do you see that highlighted section? You cannot try a person for a crime TWICE. The civil penalty for an improper entry is a maximum of $250 CIVIL FINE.

Civil law is civil law; criminal law is criminal. The statute makes it plain. The $250 maximum civil penalty of improper entry cannot be used to offset a separate count of eluding authorities, for example. AND, if a person is sentenced to $1000 fine for eluding authorities, that fine cannot be used to offset the improper entry. Since you cannot try a person twice, a civil fine is a civil fine. It is not a crime. Remember that little ditty and you'll be doing fine. So, to be consistent:

If eluding the authorities is a crime under Title 18 and making false / misleading statements is a crime under Title 18 AND if marriage fraud and entrepreneurship fraud are crimes under Title 18, then improper entry would have to be a crime under Title 18.

Back to my original question: If civil proceedings are crimes, then what criminal act do defendants in a divorce commit? Does everybody that gets a divorce pay a criminal fine? Does their criminal act keep them from getting a job due to their criminal record...

OR are you beginning to get the picture?

You cannot try a person for a crime TWICE.

You cannot try a person for the same crime TWICE.

If you commit a crime multiple times, your misunderstanding of the Fifth Amendment won't protect you.

Correct!

Like if you commit the crime of improper entry once, that's a crime for which you can be punished.

If you do it twice, you cannot get punished AGAIN for the first improper entry but you CAN get punished MORE for the second improper entry.

And one can only get punished for crimes, not for mere civil violations. Those can yield penalties, like fines. But not jail or prison.

There CAN be civil penalties also for improper entry. Like, for example, you can be sent to an immigration court for a removal proceeding and get your illegal alien ass deported. The latter is purely civil/administrative.

If you had bothered to read the CITE that I provided, Compean was NOT tried in a criminal court on any kind of "crime" as per Title 8 USC 1325 .

That case was tried in a civil forum and it is made clear to any person of average reading skills. If you like getting your ass kicked by the facts, be my guest. You are not changing the bottom line, which is pissing you off. You'd like to drown me out, but as long as I stand my ground, this brings a few hatemongers out of the wood-work while educating a lot of other people.

You call me a liar when you cannot cite any lie I've told. I have verbatim accounts from those in charge of what was said and done. In my referenced case, the RESPONDENT (Compean is not even called a defendant) is being accused of improper entry, but the case is not criminal; Compean is not a defendant; theAttorney General denies Compean a court appointed attorney (you do realize such is required by virtue of having heard the Miranda Warning) which is required if a person is being tried on criminal charges.
 
How about you? You said you "practised law" for some years. Are you a lawyer, or were you merely misrepresenting yourself, idiot?

There is no misrepresentation, he is an idiot.

I'd tell you the same thing I tell these other pansy ass motherfuckers. Call me names on this board, but if I did it, I'd be bucking for a fight. I have a PM and damn sure won't back down.

You cannot change the facts. Improper Entry is a civil infraction NOT a crime.


LOL! Gonna try and play tough-guy again, BloodyDolt? Remember how badly you failed at it last time?
 
In the course of this thread, the cheering section has accused me of dodging and ducking whatever it is they threw at me. THAT'S A LIE. I've answered each and every relevant question with the truth and the facts as they are practiced within our system of jurisprudence.

By contrast, I have posed five different issues on this board that have been conveniently and consistently ignored.

The cheering section continues to demand that I accept their version of what the law is, but I deal in legal realities. Anybody that thinks I'm wrong can roll the dice. I have some immigration cases we can work with. Prove your case by submitting your version of the law. You could get paid AND get a big paycheck not to mention humiliate me. I'll by hell eat the crow if you can put your opinions to the test.

NONE of you will take the challenge because you know you're wrong.

You realize that entering the United States is NOT a crime NOR should it ever be.

If you have an issue with a foreigner, you would be better served to address the issue (s) instead of engaging in this hate-mongering petty class warfare argument.

The free movement of people in general should never be a crime. All of you jockeying for this to be a crime would not be comfortable in a society where you could be pulled over 24 / 7 / 365 for no apparent reason to have your papers searched. NONE of you really wants to live in a POLICE STATE. Many of you must realize that the trade off isn't worth it.

Some of you curse me with every breath, being tied down to your computers, afraid that I may say something that causes your cult following to look at the facts and quit engaging in the political jockeying. When I go to work, some wonder if I ran away or simply gave up because they tried to make it uncomfortable for me.

The reality is, I thrive on adversity. I drain you for every possible argument you can give me and then research it until there is nothing left. By contrast, I told the posters here to ask a lawyer, based upon my postings here whether or not I'm telling you the truth.

Somebody comes back with having looked at a website and never having presented what I said to the lawyer. Now THAT is the epitome of dishonesty. But, it also shows that you are on the ropes, wishing that the fight will end. But the reality is, after nearly losing my life to your bad precedents and warped reasoning, none of you are as motivate as I am. As one of our founding fathers once said:

"Guard with jealous attention the public liberty. Suspect every one who approaches that jewel. Unfortunately, nothing will preserve it but downright force. Whenever you give up that force, you are inevitably ruined."

Patrick Henry, speech in the Virginia Ratifying Convention, June 5, 1778

It will be a cold day in hell before I take my attention off the threat to the public Liberty some of you pose on this board. The best solution that can happen is to create a Guest Worker program with no automatic path to citizenship and be done with this B.S. argument. Now, you're well informed as to what my limits are. You are not going to beat me with repetitive lies banged into a computer; you're not going to intimidate me with false accusations - you should try them out face to face though.

If someone has some new material, present it. Otherwise, we can just have a contest on this board and see who can post the same shit the most times.
 
How about you? You said you "practised law" for some years. Are you a lawyer, or were you merely misrepresenting yourself, idiot?

There is no misrepresentation, he is an idiot.

I'd tell you the same thing I tell these other pansy ass motherfuckers. Call me names on this board, but if I did it, I'd be bucking for a fight. I have a PM and damn sure won't back down.

You cannot change the facts. Improper Entry is a civil infraction NOT a crime.

You have a PM? What's that? A Panda Mother?
 
You cannot try a person for a crime TWICE.

You cannot try a person for the same crime TWICE.

If you commit a crime multiple times, your misunderstanding of the Fifth Amendment won't protect you.

Correct!

Like if you commit the crime of improper entry once, that's a crime for which you can be punished.

If you do it twice, you cannot get punished AGAIN for the first improper entry but you CAN get punished MORE for the second improper entry.

And one can only get punished for crimes, not for mere civil violations. Those can yield penalties, like fines. But not jail or prison.

There CAN be civil penalties also for improper entry. Like, for example, you can be sent to an immigration court for a removal proceeding and get your illegal alien ass deported. The latter is purely civil/administrative.

If you had bothered to read the CITE that I provided, Compean was NOT tried in a criminal court on any kind of "crime" as per Title 8 USC 1325 .

That case was tried in a civil forum and it is made clear to any person of average reading skills. If you like getting your ass kicked by the facts, be my guest. You are not changing the bottom line, which is pissing you off. You'd like to drown me out, but as long as I stand my ground, this brings a few hatemongers out of the wood-work while educating a lot of other people.

You call me a liar when you cannot cite any lie I've told. I have verbatim accounts from those in charge of what was said and done. In my referenced case, the RESPONDENT (Compean is not even called a defendant) is being accused of improper entry, but the case is not criminal; Compean is not a defendant; theAttorney General denies Compean a court appointed attorney (you do realize such is required by virtue of having heard the Miranda Warning) which is required if a person is being tried on criminal charges.

You have less than zero idea of what you are babbling about, and with each post you only make yourself look more and more idiotic.

The law is a criminal law. That's why it includes jail provisions and prison provisions you ignorant twit. Period.

Deportation is a civil/administrative matter.

It's ok that you know exactly nothing at all on the topic about which you bloviate. At this point, only mental midgets of your diminutive stature take anything you say seriously.

8 U.S.C. §1325 is a CRIMINAL statute. No OTHER statute can provide for a criminal punishment. It even SAYS that it provides for civil penalties ALSO. It's a double whammy. But that doesn't change the fact that it is -- without any doubt at all -- a criminal statute.

What Compean case are you blathering about now? (Do you imagine folks actually read your wall of words posts in their entirety? :cuckoo: )

If it's the case I think it is, you jack-off, you are terminally confused and stupid and possibly dishonest. The one thing you are NOT is "right."
 
There is no misrepresentation, he is an idiot.

I'd tell you the same thing I tell these other pansy ass motherfuckers. Call me names on this board, but if I did it, I'd be bucking for a fight. I have a PM and damn sure won't back down.

You cannot change the facts. Improper Entry is a civil infraction NOT a crime.

You have a PM? What's that? A Panda Mother?

He meant a bad case of PMS. He is confused. Poor little feller.
 
Justice provides training on the topic to U.S. Attorneys.

US Attorneys > USAM > Title 9 > Criminal Resource Manual 1911
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1911

8 U.S.C. § 1325—Unlawful Entry, Failure to Depart, Fleeing Immigration Checkpoints, Marriage Fraud, Commercial Enterprise Fraud
Section 1325 sets forth criminal offenses relating to (1) improper entry into the United States by an alien, (2) entry into marriage for the purpose of evading immigration laws, and (3) establishing a commercial enterprise for the purpose of evading immigration laws. The Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA) amended 8 U.S.C. § 1325 to provide that an alien apprehended while entering or attempting to enter the United States at a time or place other than as designated by immigration officers shall be subject to a civil penalty.

Comment: Further discussion of these offenses is set forth in Chapter 4 of Immigration Law, published as part of the Office of Legal Education's Litigation Series, and as part of the USABook computer library.

[cited in USAM 9-73.200]
-- Criminal Resource Manual 1911 8 U.S.C. 1325 -- Unlawful Entry, Failure to Depart, Fleeing Immigration Checkpoints, Marriage Fraud, Commercial Enterprise Fraud

Apparently Justice has not yet figured out that they are mis-advising the U.S. Attorneys on this topic.

And before resident douche bag ignorant scum-sucker DuddleyDolt jumps on the "amendment" reference in that paragraph, he should contemplate (for once in his life, honestly contemplate) what the STATUTE SAYS:

USC › Title 8 › Chapter 12 › Subchapter II › Part VIII › § 1325

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8 USC § 1325 - Improper entry by alien

Current through Pub. L. 112-90. (See Public Laws for the current Congress.)

(a) Improper time or place; avoidance of examination or inspection; misrepresentation and concealment of facts
Any alien who
(1) enters or attempts to enter the United States at any time or place other than as designated by immigration officers, or
(2) eludes examination or inspection by immigration officers, or
(3) attempts to enter or obtains entry to the United States by a willfully false or misleading representation or the willful concealment of a material fact, shall, for the first commission of any such offense, be fined under title 18 or imprisoned not more than 6 months, or both, and, for a subsequent commission of any such offense, be fined under title 18, or imprisoned not more than 2 years, or both.
(b) Improper time or place; civil penalties
Any alien who is apprehended while entering (or attempting to enter) the United States at a time or place other than as designated by immigration officers shall be subject to a civil penalty of—
(1) at least $50 and not more than $250 for each such entry (or attempted entry); or
(2) twice the amount specified in paragraph (1) in the case of an alien who has been previously subject to a civil penalty under this subsection.
Civil penalties under this subsection are in addition to, and not in lieu of, any criminal or other civil penalties that may be imposed.
-- 8 USC § 1325 - Improper entry by alien | LII / Legal Information Institute
 
Oh that's it. You will definately be called a KKKNazi now and threatened in some very vague and noncommital way (maybe something about lions, who knows?)
 

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