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Supreme Court Sides With Wrongly Deported Migrant

jpn said:
The Supreme Court on Thursday instructed the government to take steps to return a Salvadoran migrant it had wrongly deported to a notorious prison in El Salvador.​
​
In an unsigned order, the court endorsed part of a trial judge’s order that had required the government to “facilitate and effectuate the return” of the migrant, Kilmar Armando Abrego Garcia.​
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Yay. Very, very good news.
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I hope he and his family sue the crap out someone! I can't imagine what he's gone through.

I hope he's still alive.
 
j brown's body said:
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Already happened.

Despite having both a U.S. immigration judge's order protecting him from removal to El Salvador since 2019 and a wife and five-year-old child who are both American citizens, he was deported due to what the Trump administration called "an administrative error".[4] The Trump administration has since argued that this error cannot be rectified by American courts since they have no jurisdiction over Abrego Garcia in El Salvador.
en.wikipedia.org

Deportation of Kilmar Abrego Garcia - Wikipedia

en.wikipedia.org en.wikipedia.org

Abrego Garcia was in this country legally.
Abrego Garcia was not a criminal or a gang member.
 
Pyrite said:
Ah, so, this is more of a punt?

Perhaps the right-wing-majority SCOTUS isn't yet prepared/ready to take on the Constitutional crisis that is looming?
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It’s not “looming,” IMO. We have been in a CC since Election Day, IMO.
 
ttwtt78640 said:
See post #38.
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You mean this?

apnews.com

Who is Kilmar Abrego Garcia, the man ICE mistakenly deported to an El Salvador prison?

President Donald Trump's administration claims Kilmar Abrego Garcia is an MS-13 gang member who should stay in an El Salvador prison.
apnews.com apnews.com

In between was his American life: Working construction, getting married and raising children with disabilities, according to court records. He was also accused by local police in Maryland of being an MS-13 gang member.

Abrego Garcia denied the allegation and was never charged, according to court records. A U.S. immigration judge ultimately granted him protection from being deported back to El Salvador in 2019 because he likely faced persecution there by local gangs.
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The White House described Abrego Garcia’s deportation to his native country as an “administrative error.” It claims he’s in MS-13, citing the 2019 allegation from Maryland police, and argues the U.S. government lacks the authority to get the Salvadoran national back from his native country.
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Nothing was proven in court. The Trump administration used allegations to deport people.

😄
 
Hatuey said:
You mean this?

apnews.com

Who is Kilmar Abrego Garcia, the man ICE mistakenly deported to an El Salvador prison?

President Donald Trump's administration claims Kilmar Abrego Garcia is an MS-13 gang member who should stay in an El Salvador prison.
apnews.com apnews.com





Nothing was proven in court. The Trump administration used allegations to deport people.

😄
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Why is it necessary to “charge” someone with gang membership, since it’s not a federal crime? He entered illegally and wasn’t granted asylum.
 
Chomsky said:
I think you've described it perfectly.

The guy's in Limbo, with a deportation order but nowhere to go.

Quite honestly, without a criminal record and it not being safe for him to go back to El Salvador, his may actually be a case where Asylum is the proper resolution.

As badly abused as Asylum is, this may be a legit case.
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Unless he ratted out a gang member (and I've seen no indication that was the case) I'm hard pressed to see a valid asylum claim.
 
ttwtt78640 said:
Why is it necessary to “charge” someone with gang membership, since it’s not a federal crime? He entered illegally and wasn’t granted asylum.
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The government admitted it was wrong. Too bad you weren't there to correct it.
 
ttwtt78640 said:
This is a very messed up case. Apparently an admitted criminal gang member fears harm from a (rival?) criminal gang in their home country and is using that as a ‘credible fear’ basis to claim US asylum. Does the SCOTUS intend to allow more foreign gang members to claim US asylum on that basis?
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"Give me your tired, your poor, your huddled masses ( and your gangsters)
 
Lutherf said:
If CECOT was in, for example, Costa Rica this wouldn't be an issue.
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Nowhere in this ruling is it suggested that it would be okay for the federal government to deport Abrego Garcia to Costa Rica without due process.

From beginning to end, this is all about due process. And Abrego Garcia is now in El Salvador because his due process rights were not respected. A bunch of people cosplaying as Nazis whisked him away like we are living in some sort of police state.

And the ruling from a few days ago, made it very clear that the Supreme Court believes that all of the people involved in this outrageous rendition to El Salvador are entitled to due process.

So, no, you're wrong, if CECOT were in Costa Rica it would still not be okay.
 
ttwtt78640 said:
Why is it necessary to “charge” someone with gang membership, since it’s not a federal crime? He entered illegally and wasn’t granted asylum.
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Because "accusations" frequently have zero relationship with the truth. A charge and the resulting court case, presumably involving solid evidence, would give us more confidence that punishments are justified by facts rather than lies. Throwing someone in an El Salvadoran is a very serious punishment, and the administration CHOSE to justify it by claiming he was a gang member. That is an accusation, not a fact. Which makes said imprisonment an injustice until the accusation is actually proven.
 
Jetboogieman said:
Now, will the Trump Administration concede and do as its told?
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It was a 9-0 ruling against him. I don't want to wish I'll on Abrego, but I almost would like to see what would happen if Trump defied the 9-0 SCOTUS ruling. There are hardcore trump sycophants on that bench but the only thing I think they'd like less than going against trump is losing their own powers and being fangless at the whim of trump.
 
ttwtt78640 said:
Why is it necessary to “charge” someone with gang membership, since it’s not a federal crime? He entered illegally and wasn’t granted asylum.
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Abrego Garcia was granted “withholding of removal” status in 2019.
 
jpn said:
The Supreme Court on Thursday instructed the government to take steps to return a Salvadoran migrant it had wrongly deported to a notorious prison in El Salvador.​
​
In an unsigned order, the court endorsed part of a trial judge’s order that had required the government to “facilitate and effectuate the return” of the migrant, Kilmar Armando Abrego Garcia.​
​
Yay. Very, very good news.
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Migrant as in not legal? If that's the case how was he window deported?
 
Loulit01 said:
Frankly, I fear for the life of Kilmar Armando Abrego Garcia. The easiest way out of this mess for Trump and MAGA is for the man to suffer a tragic "mishap."
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I was thinking this same exact thing. "I can't have my way? Then fine go get his body and bring it back!" attitude.
 
Good news.

….but I have no hope whatsoever that the Trump administration is going to bring him back. They will hem and haw, slinging every excuse about jurisdiction or whatever they can grab to play the helpless victim that can’t do anything. All bad faith arguments.

I hope his wife can find some other alternative, perhaps take the court ruling and an attorney to El Salvador and plea on his behalf for them to act. Because there is no way that Trump ever will.
 
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