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Devyani Khobragrade et al (India) v. Naturalization Service (USA) HA-8-1-14

 

By Anthony J. Sanders

sanderstony@live.com

 

Any action or proceeding brought against an individual who is entitled to immunity shall be dismissed under 22USC254d. Indian diplomat Devyani Khobragrade is wrongfully facing indictment on January 13, 2013 in Manhattan after being arrested for procuring a work visa for his domestic worker.  Stateless and untaxed now appears to be the custom for first amendment privacy protection reasons under 42USC(21A)2000aa. The prosecutors must not incriminate themselves with an indictment against the only person I am aware of who actually got the United States Citizenship and Immigration Service (USCIS) to work for the purpose of withholding income tax on the wages of nonresident aliens under 26USC(A)(3)(A)1441Section 11(a) of the Convention on Privileges and Immunities of the United Nations of February 13, 1946 assures "representatives of Members immunity from personal arrest or detention and from seizure of their personal baggage, and, in respect of words spoken or written and all acts done by them in their capacity as representatives, immunity from legal process of every kind". By pressing charges against a diplomat the prosecution is concealing or destroying invoices or papers in violation of 18USC(27)551 in furtherance of widespread USCIS Fraud and related activity in connection with identification documents, authentication features, and information under 18USC(47)1028. USCIS is more than a $500 work visa fraud.  USCIS is an identification fraud due to discriminatory disclaimer on Freedom of Information Act (FOIA) naturalization papers to help the State Department extort $500 from the free.  It can now be said there are as many, or more, undocumented aliens as naturalized U.S. citizens 15.5 million (2006), residing in the United States. If New York cannot agree with India to prosecute USCIS the United States must not prosecute at all. The 14th Amendment needs to be repealed after Section 1 All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

 

Cases

 

Sanders, Tony J. Pardon Rod Blagojevich et al HA-19-1-13

Zagel, J. U.S. v. Blagojevich et al No. 08 CR 888

Treaties

 

Article 105 of the Charter of the United Nations

Convention Relating to the Status of Refugees of 1951

Convention on Privileges and Immunities of the United Nations of February 13, 1946

Universal Declaration of Human Rights

Vienna Convention on Diplomatic Relations of April 18, 1961

 

Code

 

14th Amendment to the United States Constitution Section 1

Concealing or destroying invoices or papers 18USC(27)551

Dismissal of motion of action against individual entitled to immunity 22USC(6)254d

Fraud and related activity in connection with identification documents, authentication features, and information 18USC(47)1028

First Amendment Privacy Protection 42USC(21A)2000aa

Homeland Security Act of Nov. 25, 2002

Privileges and immunities of mission nonparty to the Vienna Convention 22USC(6)254b

Transfer of Functions 5USCIIIB(35)I3503

Withholding income tax on the wages of nonresident aliens 26USC(A)(3)(A)1441

Work visa 8USC(12)(II)(III)1202

 

Form

 

USCIS Freedom of Information/Privacy Act Form G-639

 

Literature

 

Gilligan, James, M.D. Why Some Politicians are More Dangerous than Others. Polity Press. Malden, Massachusetts. 2011

Sanders, Tony J. Constitution of Hospitals & Asylums Non-Governmental Economy (CHANGE)

Sanders, Tony J. Lame Duck Speak. Hospitals & Asylums HA-1-1-14

Sanders, Tony J. Medicine. Hospitals & Asylums HA-5-12-13

 

The bitterness about needing to import generic Indian pharmaceuticals has been removed from the introduction to Medicine HA-5-12-13. Thank you for this opportunity to treat upon diplomatic immunity. Here is the swift plea deal for Indian diplomat Devyani Khobragrade being prosecuted in Manhattan after being arrested for procuring a work visa for his domestic worker, requested by the press.  This is a case of mistaken identity, Stateless and untaxed now appears to be the custom for first amendment privacy protection reasons under 42USC(21A)2000aa. There are super-bloggers guarding the press release.  The United States must not incriminate themselves with an indictment on Jan 13, 2014 against the only person I am aware of who actually got the United States Citizenship and Immigration Service (USCIS) to work for the purpose of withholding income tax on the wages of nonresident aliens under 26USC(A)(3)(A)1441Section 11(a) of the Convention on Privileges and Immunities of the United Nations of February 13, 1946 assures "representatives of Members immunity from personal arrest or detention and from seizure of their personal baggage, and, in respect of words spoken or written and all acts done by them in their capacity as representatives, immunity from legal process of every kind". By pressing charges against a diplomat the prosecution is concealing or destroying invoices or papers in violation of 18USC(27)551 in furtherance of widespread USCIS Fraud and related activity in connection with identification documents, authentication features, and information under 18USC(47)1028. USCIS is more than a $500 work visa fraud.  USCIS is an identification fraud due to discriminatory disclaimer on FOIA naturalization papers to help the State Department extort $500 from the free.  It can now be said there are as many, or more, undocumented aliens as naturalized U.S. citizens 15.5 million (2006). If New York cannot agree with India to prosecute USCIS the United States should not prosecute at all. To ensure USCIS does not recidivate the agency must graduate to United States Naturalization Service (USNS) in advance of the graduation from the Department of Homeland Security (HS) to U.S. Customs with a degree in international affairs. Graduation in twelve years from the Homeland Security Act of Nov. 25, 2002 could be honored, taking into consideration the number of lawyers the United States has been forced to retain, after not graduating from HS in four years.

 

The primary reason given by aliens residing in the United States for their undocumented status is the high price, exceeding $2,500, to apply for work visa, under 8USC(12)(II)(III)1202 with no guarantee of actually getting the visa or their money back, exceeds the ability of low income workers to pay. Canada reduced the price of their work visa to $500 in 2007. To be competitive and pro-active about documenting the estimated 13 million illegal aliens it is highly recommended that U.S. Citizenship and Immigration (USCIS) reduce the price of a work visa to $500, $1,000 to register long time undocumented migrant workers and family members of migrant workers. To make this fee fair, employees shall have only to document that the immigrant or prospective immigrant has secured employment with them in the United States, whereupon they could enter the country on a work visa, or be promoted from tourist to worker visa and pay $500 to $1,000 maximum fee, to be included in the 30% withholding of income tax on the wages of nonresident aliens under 26USC(A)(3)(A)1441. Otherwise DHS bureaucrats are sure to continue concealing or destroying invoices or papers in violation of 18USC(27)551 just to identify with the law pertaining to Customs found in Chapter 27 of Title 18 Crime as officers aiding importation of obscene or treasonous books or articles in violation of 18USC(27)552 - Title 22 US Code Foreign Relations and Intercourse (a-FRAI-d) must be amended to just Foreign relations (FR-ee), the Court of International Trade of the United States (COITUS) needs to be amended to Customs Court. To be objective Fraud and related activity in connection with identification documents, authentication features, and information under 18USC(47)1028. State studies have shown that earning a college degree in prison eliminates recidivism by 100% which otherwise runs at around 60% re-incarceration in three years (Gilligan '11:90, 91). It is hypothesized that changing the name of U.S.C.I.S. to U.S. Naturalization Service (USNS) would mimic the non-recidivism of a college degree to prevent non-repetition of this fraud pertaining to identity documents and ease the adoption of U.S. Customs whose U.S. Foreign Service employees should hold at least a bachelor's degree in international affairs. FOIA naturalization papers are needed to validate the SSA, DMV, USPS and other State Department identification provider requirements under Art. 27 of the Convention Relating to the Status of Refugees of 1951 using USCIS Freedom of Information/Privacy Act Form G-639.

 

Article 31 of the Constitution of Hospitals & Asylums Non-Governmental Economy (CHANGE) provides; (1) Immunity is integral to the defense. Everyone is entitled to medical immunity under the law. Medical immunity is a state of having sufficient biological defenses to avoid infection, disease, or other unwanted biological invasion, and is related to the functions of the immune system. Freedom from unwarranted search and seizure is clearly of utmost important for the achievement of the highest level of physical and mental health. First Amendment Privacy Protection protects people and associations from unreasonable search and seizure unless there is reason to believe that such action is necessary to prevent death or serious bodily injury under 42USC(21A)IA2000aa(b)(2). (2) Legal immunity confers a status on a person or body that makes them free from otherwise legal obligations such as, liability for damages, arrest, punishment for criminal acts or unlawful search and seizure. Any action or proceeding brought against an individual who is entitled to immunity shall be dismissed. Such immunity may be established by or on behalf of the individual under 22USC(6)254d. (3) Article 105 of the Charter of the United Nations provides that the Organization shall enjoy in the territory of each of its Member such privileges and immunities as are necessary for the fulfillment of its purposes under 22USC(6)254b. (4) The Convention on Privileges and Immunities of the United Nations of February 13, 1946 elaborates at section 2 the United Nations, its property and assets wherever located and by whomsoever held, shall enjoy immunity from every form of legal process except insofar as in any particular case it has expressly waived its immunity. Under Section 4 the archives of the United Nations, and in general all documents belonging to it or held by it, shall be inviolable wherever located. Section 11(a) assures representatives of Members immunity from personal arrest or detention and from seizure of their personal baggage, and, in respect of words spoken or written and all acts done by them in their capacity as representatives, immunity from legal process of every kind. (5) Art. 22 of the Vienna Convention on Diplomatic Relations of April 18, 1961, provides, the premises of the mission, their furnishings and other property thereon and the means of transport of the mission shall be immune from search, requisition, attachment or execution. Article 31 ensures a diplomatic agent shall enjoy immunity from the criminal, civil and administrative jurisdictions of the receiving State. Under Art. 44 the receiving State must, even in case of armed conflict, grant facilities in order to enable persons enjoying privileges and immunities, it must, in particular, in case of need, place at their disposal the necessary means of transport for themselves and their property. States may designate a representative of the mission a persona non grata and have them prevented from entering or removed from the country.

 

Item 3 of Lame Duck Speak HA-1-1-14 admits; The Obama administration "birther movement" is trouble by a novel discrimination against naturalization papers in the form of a disclaimer on Freedom of Information Act (FOIA) naturalization papers delivered after nine months of correspondence with U.S. Citizenship and Immigration (USCIS) that is not honored by the State Department passport issuing service of the U.S. Postal Service, the state ID and driver's license issuing service of the Department of Motor Vehicles (DMV) federally overseen by the Transportation Department (TD) or the Social Security Administration (SSA) in the issuance of replacement Social security cards to beneficiaries of foreign birth. Shortly before the Obama discrimination it had been estimated that there are between 11 and 14 million undocumented aliens living in the United States. Among them was his Uncle Omar Obama from Kenya with whom the President stayed for a short while before and visited during his attendance at Harvard law school in the 1970s, according to his recent DUI deportation trial. The population of naturalized U.S. citizens reached 15.5 million in 2011. Excluding people who possess their original naturalization papers and people relying on their dual citizenship to reside and work legally in the United States, denied those of Dutch birth like myself, the number of people left Stateless by my theory regarding a discriminatory disclaimer against F.O.I.A. U.S.C.I.S. naturalization papers probably numbers over a million. One English girl without a driver's license or insurance was reported to have wrecked into Cheech Marin's car in 2013, I ruled her driving without a license or insurance entrapment, for his full coverage. The joke seems to be that the Immigration and Naturalization Service (INS) was abolished by the Homeland Security Act of 2002 and for a short while they were free but after four years of not graduating to U.S. Customs the diploma was seized by lawyers, one of whom has a conflict of interest with human rights as President of California Universities. Secretary of State Hillary Clinton complied with HA and dissolved the USAID Bureau for Asia and the Near East (ANE). In 2009 the Department of Homeland Security (DHS) was committed to St. Elizabeth's Hospital in Washington DC and continues to reside there without paying rental income for the HA intellectual property which directs the nation to the World Customs Union. One perversion remains unamended by CHASTE, namely U.S. Citizenship and Immigration Service (USCIS) needs to change its name to U.S. Naturalization Service (USNS) to do the discriminatory disclaimer on FOIA naturalization papers and birth certificate deportation burglary.

 

Under Article 14 of the Universal Declaration of Human Rights; (1) Everyone has the right to seek and to enjoy in other countries asylum from persecution. (2) This right may not be invoked in the case of prosecutions genuinely arising from non-political crimes or from acts contrary to the purposes and principles of the United Nations. Under Article 15 (1) Everyone has the right to a nationality. (2) No one shall be arbitrarily deprived of his nationality nor denied the right to change his nationality. The fundamental principles of the 1951 Convention Relating to the Status of Refugees are non-discrimination, non-penalization and non-refoulement. Under Art. 24(1) the Contracting Parties shall accord to refugees lawfully staying in their territory the same as is accorded to nationals in respect to the following; remuneration, social security including for people who do not fulfill the contribution conditions. Under Art. 27 every Contracting Party shall issue identity papers to any refugee in their territory who does not possess a valid travel document. Under Art. 29 no refugee duties, charges, or taxes, of any description, other or higher than are or may be levied on their nationals in similar situations shall be imposed, in particular in the issuance of identity documents. In Art. 34 every effort shall be made to expedite naturalization proceedings and to reduce as far as possible the charges and costs of such proceedings. Under Art. 36 the Contracting State shall communicate the Secretary-General of the United Nations the laws and regulations they adopt to ensure the application of this Convention Relating to the Status of Refugees and the 1967 Protocol of that granted all refugees equal status.

 

Legal immigration increased after World War II to around 300,000 persons per year and remained around that level until shortly after 1960. With the Immigration Act of 1965 annual legal immigration increased to about 400,000 and remained fairly stable until 1977. Between 1977 and 1990, legal immigration once again increased, averaging about 580,000 per year. The Immigration Act of 1990, which took effect in fiscal year 1992, increased significantly the number of immigrants legally entering the United States. Legal immigration averaged about 780,000 persons per year during the period 1992 through 1999, increasing to about 900,000 in 2000 reaching 1,000,000 in 2001 before declining to less than 800,000 by 2003 and increasing again, reaching a high of about 1,200,000 for 2005 and 2006 and then decreasing from 2007 to 2008, to about 1,100,000. The number of other immigrants residing in the Social Security area population is estimated to have been about 9.7 million persons as of January 1, 2000, increasing to about 12.8 million persons as of January 1, 2006. The average number of persons entering the other-immigrant population in the period 2000 through 2006 is estimated to have been about 1.5 million per year. During the same period, the number of other immigrants who left the Social Security area or adjusted status to become Legal Permanent Residents (LPRs) is estimated to have averaged about 960,000 per year. Thus, annual net other immigration during this time period is estimated to have averaged approximately 540,000 persons. Annual other immigration is assumed to continue at the level of 1.2-1.8 million persons. The Miami Herald advocated that that the federal government cut billions of dollars wasted in spending on immigration enforcement. Whereas a new study of the National Immigration Forum, a Washington group, found (the U.S. government deported 197,000 immigrants with no criminal records in 2009 at a cost of $23,000 each, or $4.5 billion a year. The U.S. should not be deporting agricultural workers and laborers the U.S. labor market needs. The U.S. government spends $7,500 for every apprehension on the southern border, a 500 percent increase from what it spent six years ago. Yet detention statistics at the border have not changed much. Private detention companies housing illegal aliens are a powerful lobbying group for anti-immigration laws. The U.S. government has been increasing its border patrol budget by an average of $300 million a year since 2005. However in 2009 they only made $7 million in fines from employers hiring illegals. Simply stopping the border patrol budget increase would save hundreds of millions of dollars a year. Instead of wasting money on dubious enforcement programs, U.S. Citizenship and Immigration should sell work visas at the reasonable income tax withholding of $500, $1,000 for a family. To ensure they do not recidivate their agency should graduate to United States Naturalization Service (USNS) in advance of the graduation from the Department of Homeland Security (HS) to U.S. Customs with a degree in international affairs. Pardon Rod Blagojevich et al HA-19-1-13!!!

 

A Congressional Holiday against Torture with Pay

 

To correct federal torture statute so as to comply with Arts. 2, 4 and 14 of the Convention against Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment of 1984.

 

To Amend Title 22 Foreign Relations and Intercourse (a-FRAI-d) to Title 22 Foreign Relations (FR-EE).

 

To abolish the Court of International Trade of the United States (COITUS) and create Customs Court (CC).

 

To abolish U.S. Citizenship and Immigration Service (USCIS) and create a U.S. Customs and Naturalization Service (USNS).

 

To abolish the Department of Homeland Security (DHS) and create U.S. Customs.

 

Be the federal police finance and Office Intellectual Property Enforcement Coordinator, Drug Enforcement Administration (DEA) and Alcohol, Tobacco and Firearms (ATF) abolished and employees transferred to the Department of Commerce, Department of Justice and a new Drug Evaluation Agency (DEA) and Center for Alcohol, Tobacco and Marijuana (ATM) in the Food and Drug Administration (FDA) under 5USCIIIB(35)I3503.

 

When Congress has agreed to correct these errors they are welcome to return to work for President Barack Obama this FY2014 re-dedicated to the repeal of the Jim Crow laws codified in Sections 2-5 of Amendment XIV of 1868 protecting tribal tax exemptions under Section 1.