Jose Martin Islas v. DHS/ICE Office of Chief Counsel-ATD
DueProcess FifthAmendment HabeasCorpus Immigration JusticiabilityDoctri
1. A person who is physical present in the United States, whose criminal appeal is pending in a state court, has a visa petition pending, and is not a threat to the society or any other person, SHALL be ordered to be deported by an immigration judge without first allow him or her to exercise their constitutional rights to Equal protection of the law and unfairly, without taking under consideration the pendency of his or her adjust of status and without give the state the opportunity to fix their error(s) ?
2. When person is release of parole under the state color, and his or her conviction is pending on appeal, SHALL be denied of his or her right to post-conviction relief and be ordered to be deported by an immigration judge without first allow him to exercise their rights to Equal protection of the law and Due process?
3. A child who is an American citizen and who has a parent that is a foreign citizen, have their natural rights to ask for their parent presence in the United States until they become an adult(s) after 21 years old. But a child whose parents are foreign citizen, does not have the right to ask for their parents' presence, care and company during their childhood when they need them the most? What about the "the unity of the family and the wellbeing of the American children"?
Whether a person physically present in the United States, with a pending criminal appeal and visa petition, can be deported without first allowing them to exercise their constitutional rights to equal protection and due process