Is it wrong for a judge to tell a LEGAL immigrant to go back to where he/she came from?

Question

Because if it is, this "Judge Young" needs to be dealt with. A legal immigrant with two children (American citizens) was told to go back to where she came from after appearing in court for an order of protection from her estranged husband.

Read about the story here--
http://lanicoya.blogspot.com/2007/10/united-states-judge-verbaly-abused.html

I're read many articles on this woman and in her case it was absolutely wrong to tell her that. Plus, he dismissed her case.. for what reason? Right?

Nicaraguan or not, she provided the webpage which she paraphrased from. Also, anyone with common sense would google it and see the many articles about the situation from reliable newspapers.

a_bush_family_member: Hopefully you actually READ a question before answering it with nonsense. She is a LEGAL immigrant not illegal. She has a right to be here and has papers.

You might be right but this judge has had quite a bit of controvesy before this case. Google his name and you will see. Also, if he were to deny it how could we believe him? He had NO CLERK in the courtroom, its his own fault.

Answer 1

I found the article and was most disgusted. I guess in his xenophobic rant, he forgot what the US Constitution is all about. While there are sections in the Constitution which provides protection to citizens only, due process is a right for every one, legal or illegal.
The woman is here LEGALLY, and for him to make the statements he did, I think that cases that have been in his court need to be seriously reviewed.
Who knows, what other cases against say minorities he has done something similar. What a stain on the judiciary
http://www.thedailytimes.com/article/20070921/NEWS/70920039/0/OP
http://www.earlyamerica.com/earlyamerica/freedom/constitution/text.html

Answer 2

I don't think I would trust anything from a personal blog, especially when the original material is so paraphrased and possibly taken out of context. On top the fact the person who operates this blog has posted right next to the blog "I am Nicaraguan ... and I support left-wing politics." Of course, she is going to have some MAJOR biases, and whatever she writes will tend to be a one sided polemic, instead of balanced, accurate information. Thats like going to the NRA for information on anti-Gun lobbies ... I wonder what they're going to have to say on the subject. And that automatically should send up red flags in anyone's mind who has even the least degree of critical thinking skills ...

________________________

As in most cases ... I have no doubt there is more to this story than is in any news article or press release. What you get is usually what the news wants you know or to think ... not the actual reality of the situation in most cases.

It could be completely possible what is being described actually happened, but I highly doubt it. I wouldn't be surprised at all if there is a very important piece (or pieces) of information that are being left out (either implicitly or explicitly).

Answer 3

I don't know about the legality of throwing the case out of court, but it does sound like he is prejudice and just doesn't want to deal with any immigrants. A judge should be bias and not judge people by their ethics, so I would say he should be reprimanded.

Answer 4

If it really happened that way he should be investigated. His is not to pass policy judgments, his is to enforce the laws on the books.

However, it is easy to lie about what happened, and judges usually are picked for good reputations. I know nothing about hers. I'd take a judge's word, knowing nothing else about either, over a complete unknown's. Judges have all sorts of ethical standards they are and should be held to.

Now, if there was a transcript of the proceeding, or witnesses, I'm open to changing my mind.

Answer 5

I think she should go to ACLU, She filed for a protection order ,it was turn down. There needs to be A follow up ,file to the next highest court and when you go to the court or the same court take witnesses, If there is a Feminist Group in town ,it would be wise to contact them . Do not take no for an answer,may be you could have someone tape it with a phone camera. Ask a lawyer if it is not illegal in your town,

Answer 6

This is clearly judicial misconduct. However there are no laws against certain improprieties.

He is supposed to only comment on the merits of the case.

Even if the immigration status is important, he should only comment politely and with courtesy.

Where there is smoke there is fire.

Answer 7

*Bangs head on table in frustration.*

Normally, I don't argue from authority, but this is one of those situations when I ask all the FAKE legal "experts" out there to please delete their fake accounts and go review Law 101 or something. Like blursd2, I don't find the story particularly credible -- but situations like it have occurred in reality, and there was one in my jurisdiction in recent memory. Accordingly, I will answer the question as if, hypothetically, the judge really told the woman to go back to "where she came from" before dismissing her case.

To all those people who said that the judge did nothing illegal or improper -- oh, for crying out loud. Right, the judge won't be criminally charged and sent to jail, but that does not mean that such comments have no consequences. The most immediate consequence is, of course, that the judge's decision will be reversed on appeal in about 10 seconds and remanded for trial with an order to assign the case to a different judge. The reason is that the comment in question is a textbook example of bias -- and, lest we forget, proven bias on the part of the judge is absolute grounds for reversal. It does not matter whether there are good SUBSTANTIVE reasons to dismiss the case -- a comment like that invariably discredits the judge's decision. An appellate finding of bias is extremely embarrassing for a judge, EXTREMELY embarrassing (and remember, most appellate opinions are published and preserved in law libraries forever).

By the way, to the person who said that the comment may be interpreted as telling the woman to go back to her house: thanks for playing our (Clintonian) game, but no points this time. In the real world, comments like this are interpreted as an ordinary person would have understood them, and honestly, when someone of foreign origin, who speaks English with an accent, is told to "go back where you came from", the clear implication is that they should leave the country, not that they should go back to their apartment, car, etc.

Moreover, in most jurisdictions, a comment like that violates judicial ethics -- and is thus liable to result in censure and perhaps even a loss of judgeship (not to mention a front-page flogging in the local law journal).

To all those who attempted to justify this type of conduct on the ground of illegal Mexican immigration: by your reasoning, any litigant or attorney who as much as has a trace of accent (though he may be a US citizen and have lived most of his life in the US) may be just thrown out of a courtroom for the mere fact that he was born abroad. Shame on you. This isn't the Nazi Germany. We don't deny people access to courts based on their national origin, gender, color, religion, or political affiliation. Defend biases all you want, but a judge, as a person vested with the highest duty and honor of administering justice in this land, has an absolute obligation to be, first and foremost, impartial -- and thus has no luxury to be a bigot, least of all while wearing his robes.

Answer 8

Frankly, it looks to me like another sensationalized account of something that might never have even happened. No one other than the Calixto's are independently verifying that the judge said any of this.

I have no problem with civilized whites but trailer-trash bothers me. Likewise, I have many friends of Latin-American ancestry, but I distinguish between those who choose to do right and those who "cry and cry and cry", make up outlandish accusations and reproduce like bunnies. They both speak Spanish but they're morals are worlds apart.

This couple went into the courtroom ready to stomp each other but within a few minutes of Judge Young's chastisement ... “I was crying — my husband was crying too. I felt totally humiliated."

Give people like us - with the sense to come in out of the rain - a break. The article makes no mention of the language barrier. How can readers trust that the couple could even understand ANYthing the judge said?

...

Answer 9

It was wrong of the judge to make those comments, but we need to wait till all the facts on in before we make a judgment

Answer 10

Well according to me it is wrong to say to go back to a legal immigrant to his/her own country. As that country's embassy has allowed him/her to stay there for a particular period.

But there may be different laws in different countries.

If the person has commited some crime and anything other which is against law then that person can be said to go back to his own country.