I'm not sure if I am being extra unclear or you are just fucking with me. Or both.
And don't assume I am arguing for or against all of this. Just relating how it actually works. And I am writing this while doing actual paying work so this is certainly not up to legal filing standards.
And don't assume that we are on opposite sides of this issue. Allowing people to circumvent the legal process (and btw cancellation of deportation, asylum, birth right citizenship, marrying a US citizen, etc. are all part of the legal process) by just not deporting them by executive branch decision or encouraging illegal immigration by making jobs freely available, etc. puts people who are following the process at a disadvantage. I just really don't like using powerless people to score political points.
I understand that. And I'm just going off the explanation you gave, which was "anchor babies."
No. That is not the explanation. If I use Vitus from Iceland I could file an asylum claim based on the allegation that he was going to experience religious persecution if he were sent home. That wouldn't work. Iceland doesn't really engage in that and the judge would be really not happy with me. But it would take time. And if my goal is to take time I throw everything I can find at it. While they most likely will not work it will take time. And you never know. I'd rather use a basis that won't encourage the judge to find me in contempt, but they usually don't throw lawyers in jail for that and when they do it usually isn't federal pound me in the ass kind of jail.
I don't know what it is that triggers you every time someone says that.
Because they aren't a thing. And people are arguing that we should change the Constitution on something that is not a thing.
According to you, it's a real thing.
I have no idea where you got that I say they are a real thing. Unless you are using a different definition than I am. If you want to say a process that takes 21 - 30+ years and even then comes with more pitfalls is what we are talking about is the definition then I suppose they are a real thing. This feels like when you tell someone that the odds of something happening are 800,865,753,129 to one. And they say, "so you are saying there's a chance."
It never works?
Never is a very strong word. I did not and would not say that. But I would also tell them that their chances are very slim and we shouldn't count on it.
If it never works, why does it take so much time to go through the process? Why do we let her appeal based on a rationale that never works?
I have to assume you are familiar with the US court system and that it works the same in Idaho that it works every where else. That is the reason.
And cancellation of removal (and I have no idea if she actually applied for it in this particular case) is something you do during deportation proceedings, not on appeal. Though again, you throw everything you can at an appeal.
What's the rate of success for appeals based on creating hardship for a US citizen?
No clue. Feel free to research that. The pdf I linked above,
http://firrp.org/...rCancellation-en.pdf is 51 pages long. It condenses a very complex area into 51 pages. There is no way to condense everything that goes into it into a forum post.
I'm beginning to think that we are much more fucked than I thought.