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When the people fear their government, there is tyranny.
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-- Thomas Jefferson

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becomes a revolutionary act.
 -- George Orwell

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 -- Mahatma Gandhi


Breaking News! Press release: TX Judge, who ruled to stop Obama amnesty, to rule on Motion by Attorney Orly Taitz for sanctions due to Obama’s intentional release from DHS detention of illegal aliens with deadly infectious diseases. Obama’s response is due by May 1st.

Posted on | April 13, 2015 | 6 Comments

Press release

Law Offices of Orly Taitz

TX Judge, who ruled to stop Obama amnesty, to rule on Motion by Attorney Orly Taitz for sanctions due to Obama’s intentional release from DHS detention of illegal aliens with deadly infectious diseases.

Attorney Orly Taitz filed in July of 2014 her leagal action against Barack Obama, Sec of DHS Jeh Johnson and Sec. of HHS Sylvia Burwell seeking an injunction and halt of  the transportation by the defendants all over the country of illegal aliens, many of whom are afflicted with infectious diseases, among them deadly drug resistant Tuberculosis.

The judge on this case is Judge Andrew Hanen, who stopped Obama’s amnesty. Judge Hanen already issued an order to show cause to the defense, why shouldn’t he rule in favor of the plaintiff,Orly Taitz. Judge Hanen conducted two injunction hearings: in August and October of 2014. During those hearings defendants brought 3 attorneys  and multiple witnesses who swore that they check all illegal aliens prior to their release into general population and they do not endanger the public. Today, on April 13, 2015,    the court docketed a new motion by Taitz with new information showing that defendants are committing  fraud on the court and releasing individuals with drug resistant Tuberculosis into general population.  Taitz v Johnson Notice of new facts and motion for sanctions. Taitz provided Judge Hanen with a letter from US Senators and US representatives as well as a letter from a County director of Health stating that the defendants are releasing from their DHS/INS facilities individuals with deadly drug resistant tuberculosis, which is a reckless disregard to human life.  Taitz argues that this represents fraud on the court for which defendants should be sanctioned. Defendant’s response is due by  May 1st. Additionally, Taitz previously provided the court with information showing that defendants not only causing transfer of infectious diseases, but also massive theft of IDs and Social Security numbers that are used by illegal aliens to obtain jobs and benefits to the detriment of the US citizens and taxpayers. Taitz provided Judge Hanen with 150 pages of evidence, showing that Barack Obama is one of individuals, who is using a stolen CT Social Security number of an individual born in 1890 and presumed to be deceased with no heirs, as well as other bogus ID.   Evidence of forgery, fabrication, fraud and identity theft in Obama’s IDs

Taitz is awaiting a decision by Judge Hanen. Attorney Taitz is working pro bono. Any and all donations are greatly appreciated and will be used for travel to courts in other states, expert fees, court fees and other related expenses and can be given on her web site www.OrlyTaitzESQ.com or by mail to 29839 Santa Margarita pkwy, Rancho Santa Margarita, CA 92688.

Taitz v Johnson filed notice of new facts and motion for sanction due to fraud on the court

Taitz v Johnson Notice of new facts and motion for sanctions

US DISTRICT COURT

SOUTHERN DISTRICT OF TEXAS

BROWNSVILLE DIVISION

 

TAITZ,                      )                              Case # 14-cv-00119

 V                                )       HONORABLE ANDREW S. HANEN PRESIDING

JOHNSON, ET AL   )

NOTICE OF NEW FACTS SHOWING DEFENDANTS KNOWINGLY AND INTENTIONALLY INFECTING THE POPULATION WITH DEADLY DRUG RESISTANT TUBERCULOSIS VIA RELEASE OF INDIVIDUALS WITH DEADLY DRUG RESISTANT TUBERCULOSIS FROM DHS CUSTODY INTO GENERAL POPULATION.

 

PETITION/MOTION FOR SANCTIONS AGAINST THE DEFENDANTS FOR FRAUD ON THE COURT DUE TO THEIR PRIOR CLAIMS THAT THEY DO NOT RELEASE INTO GENERAL POPULATION INDIVIDUALS WITH INFECTIOUS DISEASES

 

SUMMARY OF MOTION

Plaintiff provides this court with additional new information and letters from US Senators and US Representatives as well as one County Health Director showing that  DHS is knowingly releasing from DHS custody individuals who are afflicted with deadly drug resistant Tuberculosis, which represents reckless disregard for human life. Plaintiff and other similarly situated individuals, doctors working with immigrants in Border States, as well as other groups, such nurses, border patrol agents, school children are at constant risk of contracting a deadly infectious disease. Due to the new wave of estimated 34,000 new illegal aliens crossing the border this year, this is a heightened threat of infection and re-infection  and it is a justiciable case under Roe v. Wade, 410 U.S. 113 (1973)   as a case “capable of repetition, yet evading review”. This new information weighs heavily in favor of granting injunctive relief requested, which would require a quarantine of illegal aliens in DHS and HHS custody until they are either deported or no longer are afflicted with infectious diseases.

Plaintiff is also seeking sanctions against the defendants, as through their witnesses and employees and their attorneys, during prior two injunction hearings in the case at hand, defendants claimed that they check illegal aliens before release from custody to make sure they do not have infectious diseases. This new evidence shows that not only they don’t check, but they knowingly release into general population infected individuals.

ARGUMENT

  1. DEFENDANTS KNOWINGLY AND INTENTIONALLY INFECTING THE POPULATION WITH DEADLY DRUG RESISTANT TUBERCULOSIS VIA RELEASE OF INDIVIDUALS WITH DEADLY DRUG RESISTANT TUBERCULOSIS FROM DHS CUSTODY INTO GENERAL POPULATION.

 

Case at hand was filed on July 14, 2014, where the plaintiff, who is a doctor of Dental Surgery, who works with immigrants in a Border State, sought an injunctive relief of quarantine of illegal aliens who are captured and detained in DHS and HHS custody, until they are either deported or are no longer sick with infectious diseases and are no longer a threat to individuals, like the plaintiff, who come into contact with them. Plaintiff provided the court with evidence that she was infected with a respiratory disease, and she also provided this court with a sworn declaration of Doctor Heinrich, Ear Nose and Throat Surgeon, who attested that he and his whole staff of nurses contracted drug resistant Tuberculosis from an illegal alien on whom the doctor operated.

During two injunction hearings and via pleadings in the case, defendants’ attorneys and their witnesses attested to this court that illegal aliens in DHS and HHS custody are checked for infectious diseases and treated before release and that DHS and HHS do not release infected individuals and do not infect members of the general public.

However, attached exhibits show that defendants knowingly and maliciously are releasing individuals with drug resistant tuberculosis. Attached herein as an exhibit 1 is a letter sent to  DHS Secretary, Jeh Johnson ICE Assistant Secretary Sara Saldana by Senators John McCain and Jeff Flake as well as US Representatives Ann Kirkpatrick and Paul Gossar. Congressman Gossar is also a Doctor of Dental Surgery in the border state of Arizona, just as the plaintiff in the case at hand. The letter refers to the attached letter by Thomas Schryer, director of Health of the Pinal county(attached herein as exhibit 2). Congressmen refer in their letter to the fact that now there is a change in policy and defendants are releasing from DHS custody individuals with drug resistant tuberculosis.

Director of Public Health Schryer stated that it was notified by ICE staff that they do not believe that they will have a legal basis to hold in DHS facility individuals with Drug Resistant Tuberculosis.

Director Schryer noted that “Tuberculosis is a very dangerous disease that can spread easily”, he further  noted that when ICE releases an individual with drug resistant Tuberculosis, someone will have to pay $200,000 to provide treatment for such an individual for 18-24 months.

In attached exhibit 1,  senators and congressmen are demanding an answer from the defendant herein, Jeh Johnson, why such individuals are not deported on quarantined by the DHS.

According to 8 US Code §1182 individuals with communicable diseases are aliens ineligible of visas and admission to the US.

8 U.S. Code § 1182 – Inadmissible aliens

 (a) Classes of aliens ineligible for visas or admission

Except as otherwise provided in this chapter, aliens who are inadmissible under the following paragraphs are ineligible to receive visas and ineligible to be admitted to the United States:

(1) Health-related grounds

(A) In general

Any alien—

(i) who is determined (in accordance with regulations prescribed by the Secretary of Health and Human Services) to have a communicable disease of public health significance;

 (ii) except as provided in subparagraph (C), who seeks admission as an immigrant, or who seeks adjustment of status to the status of an alien lawfully admitted for permanent residence, and who has failed to present documentation of having received vaccination against vaccine-preventable diseases, which shall include at least the following diseases: mumps, measles, rubella, polio, tetanus and diphtheria toxoids, pertussis, influenza type B and hepatitis B, and any other vaccinations against vaccine-preventable diseases recommended by the Advisory Committee for Immunization Practices,

(iii) who is determined (in accordance with regulations prescribed by the Secretary of Health and Human Services in consultation with the Attorney General)—

(I) to have a physical or mental disorder and behavior associated with the disorder that may pose, or has posed, a threat to the property, safety, or welfare of the alien or others, or

(II) to have had a physical or mental disorder and a history of behavior associated with the disorder, which behavior has posed a threat to the property, safety, or welfare of the alien or others and which behavior is likely to recur or to lead to other harmful behavior, or

(iv) who is determined (in accordance with regulations prescribed by the Secretary of Health and Human Services) to be a drug abuser or addict,

is inadmissible.

 

According to 42 CFR part 34 Tuberculosis is a communicable disease of public significance:

Revision of 42 CFR Part 34 (Medical Examination of Aliens)

Updated Screening for Communicable Disease of Public Health Significance – Interim Final Rule (IFR)

Key revisions include:
  • The definition of a “communicable disease of public health significance” remains as those diseases previously listed in the former regulation plus the addition of
    • Any quarantinable, communicable disease specified by current or future Presidential Executive Orders – current diseases:
      • pandemic flu
      • severe acute respiratory syndromes
      • viral hemorrhagic fevers
      • cholera
      • diphtheria
      • infectious tuberculosis
      • plague
      • smallpox
      • yellow fever
    • Any communicable disease that is a public health emergency of international concern reported to the World Health Organization (under revised International Health Regulations of 2005), such as smallpox, poliomyelitis due to wild-type poliovirus, cholera, or viral hemorrhagic fevers (Ebola).
  • Addition of a risk-based approach for medical screening and testing based on medical and epidemiologic factors to determine where and for how long additional screening and testing should be conducted.
  • Updated screening and testing for tuberculosis using current medical knowledge and practice to screen for tuberculosis.

So, based on the above, defendants are violating 8USC§1182 by admitting or alternatively not deporting or alternatively not keeping in isolation and releasing into general population illegal aliens with drug resistant Tuberculosis. Such actions by the defendants can affect the plaintiff and others. Recently, there was an epidemic in Kansas, where 30 school children in one school were infected. Release into general population of an individual with drug resistant deadly Tuberculosis is akin to reckless disregard to human life.

US code did not change recently and 8 USC §1182 did not change. There is no justification to assertions by ICE/DHS employees that they no longer have “legal basis to hold” these individuals in DHS custody or alternatively deport them.

Plaintiff provided this court with additional new information and letters from US Senators and US Representatives as well as one County Health Director showing that  DHS is knowingly releasing from DHS custody individuals who are afflicted with deadly drug resistant Tuberculosis, which represents reckless disregard for human life. Plaintiff and other similarly situated individuals, doctors working with immigrants in Border States, as well as other groups, such nurses, border patrol agents, school children are at constant risk of contracting a deadly infectious disease. Due to the new wave of estimated 34,000 new illegal aliens crossing the border this year, this is a heightened threat of infection and re-infection  and it is a justiciable case under Roe v. Wade, 410 U.S. 113 (1973)   as a case “capable of repetition, yet evading review”. This new information weighs heavily in favor of granting injunctive relief requested, which would require a quarantine of illegal aliens in DHS and HHS custody until they are either deported or no longer are afflicted with infectious diseases.

  1. SANCTIONS ARE JUSTIFIED

Federal courts have inherent power to manage their own proceedings and to control the conduct of those who appear before them. In invoking the inherent power to punish conduct which abuses the judicial process, a Court has wide authority “to fashion an appropriate sanction for conduct which abuses the judicial process.” Chambers v. NASCO, 501 U.S. 32, 45-50, 111 S. Ct. 2123, 115 L. Ed. 2d 27 (1991). This inherent power allows a Federal Court to vacate or strike various pleadings, extending to its own judgments, upon fraud having been perpetrated upon the Court. Hazel-Atlas Glass Co. v. Hartford-Empire Co., 322 U.S. 238, 88 L. Ed. 1250, 64 S. Ct. 997 (1944). This “historic power of equity” is necessary to the integrity of the Courts, for “tampering with the administration of justice in [this] manner . . . involves far more than an injury to a single litigant. It is a wrong against the institutions set up to protect and safeguard the public.” Id. at 245-246. Federal Courts have inherent power to assess an appropriate sanction when a party has acted in bad faith, vexatiously, or for oppressive reasons, as when the party practices a fraud upon the Court. Universal Oil Products Co. v. Root Refining Co., 328 U.S. 575, 580, 66 S. Ct. 1176, 90 L. Ed. 1447 (1946).

In case at hand during two injunction hearings and in pleadings defendants asserted that they  test illegal aliens in DHS and HHS custody for infectious diseases and do not release infected individuals into general population.

Based on the new evidence provided herein, defendants knowingly and maliciously     are releasing into general population individuals with drug resistant infectious Tuberculosis, which is the opposite to what the defendants claimed. Such statements not only represent fraud under common law, but also a criminal offense also fraud under the

 18 U.S. Code § 1015 – Naturalization, citizenship or alien registry

 (a) Whoever knowingly makes any false statement under oath, in any case, proceeding, or matter relating to, or under, or by virtue of any law of the United States relating to naturalization, citizenship, or registry of aliens;

(d) Whoever knowingly makes any false certificate, acknowledgment or statement concerning the appearance before him or the taking of an oath or affirmation or the signature, attestation or execution by any person with respect to any application, declaration, petition, affidavit, deposition, certificate of naturalization, certificate of citizenship or other paper or writing required or authorized by the laws relating to immigration, naturalization, citizenship, or registry of aliens;

Shall be fined under this title or imprisoned not more than five years, or both

Defendants and their witnesses perpetrated fraud on the court and knowingly asserted things that are flagrantly not true or there was a recent change of policy which  they were obligated to report to this court and they did not do so, which is fraud as well, as this is a material fact, a change in material facts, which they knew would affect decision by this court.

Fraud constitutes not only asserting things that are not true but also omission of things that should have been disclosed and such omission caused justifiable reliance. This court is about to rule in the case at hand in regards to quarantine/isolation requested by the plaintiff. Release into general population by the defendants of individuals afflicted with communicable diseases of public importance is a material fact that should have been disclosed.

Based on the misconduct by the defendants in either flagrant fraud on the court by stating things that are not true or fraud by omission of material facts, egregious misconduct was committed, which warrant sanctions against the defendants and ruling in favor of the plaintiff in ordering quarantine as requested.

CONCLUSION

  1. Based on the above there is a heightened necessity and justification for this court to issue an injunction, as requested in the case at hand and quarantine in the DHS custody illegal aliens who were apprehended and detained by the DHS until they are either deported or cured from infectious diseases.
  2. If this court is not willing to issue an injunction in regarding to all illegal aliens in the DHS custody, this court should, at the very minimum, order examination of the detainees for infectious diseases and keep in quarantine or isolation ones who test positive for infectious diseases of public significance, such as Tuberculosis, until their deportation or until they are granted a legal status in the US and cured and can be released into the general population.
  3. Issue sanctions against the defendants for fraud on the court in stating that the illegal aliens in the DHS custody are checked for diseases and infected individuals are not released, while in fact infected illegal aliens are released from the DHS custody in the general population and endanger lives of doctors, like plaintiff herein, and other individuals who come in contact with them.
  4. If it is found that the new policy of releasing infected illegal aliens from the DHS custody was started after August and October injunction hearings in the case at hand, order the defendants to show cause why they did not notify the court and the plaintiff of this new policy, which is a material fact in the case at hand and which represents a reckless disregard for human life.
  5. Order the defendants to show cause why do they release into general population illegal aliens with contagious diseases of public significance, who are inadmissible aliens under 8 USC 1182.

Respectfully submitted,

/s/ Dr. Orly Taitz, Esq 04.10.2015

U.S. District Court

SOUTHERN DISTRICT OF TEXAS

Notice of Electronic Filing

The following transaction was entered on 4/13/2015 at 9:35 AM CDT and filed on 4/10/2015

Case Name: Taitz v. Johnson et al
Case Number: 1:14-cv-00119
Filer: Orly Taitz
Document Number: 62

Docket Text:
NOTICE of New Facts Showing Defendants Knowingly and Intentionally Infecting the Population with Deadly Drug Resistant Tuberculosis via Release of Individuals with Deadly Drug Resistant Tuberculosis from DHS Custody into General Population by Orly Taitz, filed. (jtabares, 1)

U.S. District Court

SOUTHERN DISTRICT OF TEXAS

Notice of Electronic Filing

The following transaction was entered on 4/13/2015 at 9:39 AM CDT and filed on 4/10/2015

Case Name: Taitz v. Johnson et al
Case Number: 1:14-cv-00119
Filer: Orly Taitz
Document Number: 63

Docket Text:
MOTION for Sanctions Against the Defendants for Fraud on the Court Due to Their Prior Claims That They Do Not Release into General Population Individuals with Infectious Diseases by Orly Taitz, filed. Motion Docket Date 5/1/2015. (jtabares, 1)

1:14-cv-00119 Notice has been electronically mailed to:

Colin Kisor colin.kisor@usdoj.gov

Daniel David Hu daniel.hu@usdoj.gov, JJones5@usa.doj.gov, sKempen@usa.doj.gov

Orly Taitz orly.taitz@hushmail.com

Sarah B Fabian sarah.b.fabian@usdoj.gov

1:14-cv-00119 Notice has not been electronically mailed to:

The following document(s) are associated with this transaction:

Document description:Main Document
Original filename:n/a
Electronic document Stamp:
[STAMP dcecfStamp_ID=1045387613 [Date=4/13/2015] [FileNumber=21300823-
0] [52715cb384a54a9d5d745cbad2c51f0e56fac8f2edbf100759c0d97e498b6efb36
0b8ef863e24568f31b803009e615ffbfbeedbb57314d00a6c3ae45748488f4]]

Comments

6 Responses to “Breaking News! Press release: TX Judge, who ruled to stop Obama amnesty, to rule on Motion by Attorney Orly Taitz for sanctions due to Obama’s intentional release from DHS detention of illegal aliens with deadly infectious diseases. Obama’s response is due by May 1st.”

  1. Judy
    April 13th, 2015 @ 2:58 pm

    video has surfaced of obama saying “frank” is frank marshall davis
    https://www.youtube.com/watch?v=0DBHB680GlM

  2. Judy
    April 13th, 2015 @ 5:42 pm

    48 seconds…obama and frank
    https://www.youtube.com/watch?v=rLCtrbRCaQo

  3. Sandy Beach
    April 14th, 2015 @ 9:42 am

    ISIS Camp a Few Miles from Texas, Mexican Authorities Confirm

    ISIS is operating a camp just a few miles from El Paso, Texas, according to Judicial Watch sources that include a Mexican Army field grade officer and a Mexican Federal Police Inspector.

    The exact location where the terrorist group has established its base is around eight miles from the U.S. border in an area known as “Anapra” situated just west of Ciudad Juárez in the Mexican state of Chihuahua. Another ISIS cell to the west of Ciudad Juárez, in Puerto Palomas, targets the New Mexico towns of Columbus and Deming for easy access to the United States, the same knowledgeable sources confirm.

    During the course of a joint operation last week, Mexican Army and federal law enforcement officials discovered documents in Arabic and Urdu, as well as “plans” of Fort Bliss – the sprawling military installation that houses the US Army’s 1st Armored Division. Muslim prayer rugs were recovered with the documents during the operation.

    Law enforcement and intelligence sources report the area around Anapra is dominated by the Vicente Carrillo Fuentes Cartel (“Juárez Cartel”), La Línea (the enforcement arm of the cartel) and the Barrio Azteca (a gang originally formed in the jails of El Paso). Cartel control of the Anapra area make it an extremely dangerous and hostile operating environment for Mexican Army and Federal Police operations.

    According to these same sources, “coyotes” engaged in human smuggling – and working for Juárez Cartel – help move ISIS terrorists through the desert and across the border between Santa Teresa and Sunland Park, New Mexico. To the east of El Paso and Ciudad Juárez, cartel-backed “coyotes” are also smuggling ISIS terrorists through the porous border between Acala and Fort Hancock, Texas. These specific areas were targeted for exploitation by ISIS because of their understaffed municipal and county police forces, and the relative safe-havens the areas provide for the unchecked large-scale drug smuggling that was already ongoing.
    [more at the link]
    http://www.judicialwatch.org/blog/2015/04/isis-camp-a-few-miles-from-texas-mexican-authorities-confirm/

  4. dar
    April 14th, 2015 @ 8:05 pm

    It just keeps on dragging out. Is it just me or does ANYONE see an end in sight?

  5. Midnight Cat...
    April 20th, 2015 @ 3:20 pm

    Orly, I hope Judge Hanen sends these people to some remote, island in the ocean, and leaves them high and dry!!

    These carriers are another form of terrorists…

    And let’s hope he really smacks ’em down, and gets them out of the USA!!

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    September 16th, 2015 @ 6:52 am

    This blog was… how do you say it? Relevant!! Finally I’ve found something which helped me. Kudos!|

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