VDARE: Judges will use even the most absurd rationales to enable illegal aliens to remain in our country. As our own Allan Wall recently revealed, an illegal alien homosexual from Mexico named Jose Crespo-Cagnant was allowed to stay in the country because of the nonexistent persecution of gays in Mexico. But the enablers of this kind of fraud have names. And one name patriots need to remember is Ursula Ungaro-Benages.
The judge in the case Wall examined, Ursula Ungaro-Benages, (contact her here ever so politely), a George H.W. Bush appointee, has a checkered history. She was accused of having an affair with a key witness in a trial she was presiding over, an affair which her ex-husband reportedly said ruined the marriage [Sexual affair between Miami judge, witness alleged amid tainted U.S. court proceedings, by Dan Christensen, Florida Bulldog, February 26, 2015]
In another case, after discovering she had Jewish ancestors, she asked then Chief Justice William Rehnquist to appoint a special judicial panel so she could cash in on a family fortune lost during the Holocaust [Holocaust suit raises foreign policy issue, by Ron Grossman, Chicago Tribune, July 7, 2003]
But Ungaro-Benages also has a certain contempt for the Constitution. The illegal alien Jorge Crespo-Cagnant had been previously removed from the country under an Expedited Removal Order. Under Section 302 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IRIRA), this is the legal process by which an illegal alien can be removed without judicial or administrative review.
Now the paper of record for Miami had reported the removal of Crespo-Cagnant was “unconstitutional.” Actually, Ungaro-Benages simply vacated the Expedited Removal Order.
Rebeca Sánchez-Roig, the attorney, recently won the case when U.S. District Judge Ursula Ungaro threw out an immigration agency order against Crespo-Cagnant that sought his expedited removal.
“The court finds defendant’s expedited removal order was invalid,” Ungaro wrote in her Nov. 13 opinion. “Accordingly it is ordered and adjudged that defendant’s motion to dismiss [the removal order] is granted.”
Crespo-Cagnant, 36, won the case because his attorney demonstrated that immigration officials had failed to consider her client’s plea not to be returned to Mexico for fear of persecution because he is gay.
“What this means is that he is free out of any kind of criminal charges,” Sánchez-Roig said. “That hopefully the Border [Patrol] will vacate the expedited removal order that the judge ruled was unconstitutional and José will get an opportunity then to adjust his status.”
[Gay Mexican Immigrant Wins Federal Court Case, Can Remain In Miami, By Alfonso Chardy, Miami Herald, December 22, 2015. Emphasis added].