Whether Obama or McCain becomes president, I think we can look forward to more of this open-borders activism on the Supreme Court. La Raza, the ACLU, and AILA are high-fiving each other today over the ruling in Dada v. Mukasey (opinion here):
The court ruled 5-4 Monday that someone who is here illegally may withdraw his [voluntary] agreement to depart and continue to try to get approval to remain in the United States.
…Samson Dada, a Nigerian citizen, stayed beyond the expiration of his tourist visa in 1998. He married an American the following year and soon began trying to obtain a visa as an immediate relative of a citizen. But Dada and his wife apparently failed to submit some documents, causing immigration officials to deny the visa.
Dada has been trying again to obtain the visa, but immigration authorities meanwhile have ordered him to leave the country.
He agreed to leave voluntarily, which would allow him to try sooner to re-enter the country legally than if he had been deported.
The marriage, you’ll not be surprised to learn, was a sham.