[BillA]

and when one says "I'm going to hunt you and your children down" they can be put away
it is a question of prosecution perhaps, but the law is clear

The petitioner, a citizen of Ukraine, was paroled into the
United States in 1992 but was never admitted for lawful
permanent residence. In February 1998, he was charged by
criminal complaint in the Court of Common Pleas of Erie
County Pennsylvania with the crime of making terroristic
threats, in violation of 18 Pa. Cons. Stat. S 2706 (1998).2
The complaint charged that the petitioner had threatened
to kidnap and kill the child of a police officer. It stated that
this threat was made "in an attempt to stop [the officer]
from taking official action in his capacity as a police officer,
to wit: arrest the defendant on outstanding warrants." App.
at 56. In October 1998, the petitioner pled guilty to this
offense and was sentenced to imprisonment for 11 to 23
months.

In October 2000, the Immigration and Naturalization
Service instituted expedited removal proceedings against
the petitioner under INA S 238(b), 8 U.S.C.S 1228(b), by
serving him with a Notice of Intent to Issue Final
Administrative Removal Order ("the Notice"). App. at 7. The
Notice recited the following:

You were, on November 22, 1999, convicted in the
Court of Common Pleas for Erie County, Pennsylvania
for the offense of Terroristic Threats in violation Section
2706 of the Pennsylvania Criminal Code for which the
term of imprisonment imposed was 11 and one-half
months to 23 months.

App. at 7. Under the caption "Charge," the Notice stated:
"You are deportable under section 237(a)(2)(A)(iii) of the
[INA], as amended, because you have been convicted of an
aggravated felony as defined in section 101(a)(43) (G) of the
Act, 8 U.S.C. S 1101(a)(43)" (emphasis added). App. at 7.
Thereafter, a final administrative removal order was issued
under INA S 238(b). App. at 1. In this order, the acting
district director found, among other things, that the
petitioner had "a final conviction of an aggravated felony as
defined in section 101(a)(43)(G) of the[INA], 8 U.S.C.

Minnesota Statutes 2004, Table of Chapters

Table of contents for Chapter 609


609.713 Terroristic threats.

Subdivision 1. Threaten violence; intent to terrorize.
Whoever threatens, directly or indirectly,
to commit any crime of violence with purpose to terrorize
another or to cause evacuation of a building, place of assembly,
vehicle or facility of public transportation or otherwise to
cause serious public inconvenience, or in a reckless disregard
of the risk of causing such terror or inconvenience may be
sentenced to imprisonment for not more than five years or to
payment of a fine of not more than $10,000, or both. As used in
this subdivision, "crime of violence" has the meaning given
"violent crime" in section 609.1095, subdivision 1, paragraph
(d).

Subd. 2. Communicates to terrorize. Whoever communicates to
another with purpose to
terrorize another or in reckless disregard of the risk of
causing such terror, that explosives or an explosive device or
any incendiary device is present at a named place or location,
whether or not the same is in fact present, may be sentenced to
imprisonment for not more than three years or to payment of a
fine of not more than $3,000, or both.

no need to go on and on, the law is very clear
the times have changed, freedom of speech is not freedom to threaten