Supreme Court Sides With Wrongly Deported Migrant

Anonymous
Anonymous wrote:
Anonymous wrote:For all the criticism this current SCOTUS has faced, it must receive credit for getting this completely right. It was extremely important for the rule of law and separation of powers, as well as a principle of judicial review, that the Supreme Court rule against the executive. It was even more important that ruling be unanimous and that no Quisling or Judas be found among the justices legitimizing the executive's attempt to undermine the courts.

This unanimous decision against the executive's attempt at unlawfully abrogating the power of the judiciary may be the most important case of our time.

+1 And this part of an earlier decision wasn’t emphasized, but they said 9-0 that these people need due process before any removals can occur.


SO, can the asylum seekers start getting due process as well???
Anonymous
This order just says Trump has to facilitate getting him out of jail in El Salvador as if he had been regularly deported. It does not in any way require him to be returned to the US nor will he be. People need to read the words the court used.
Anonymous
Anonymous wrote:The order does not actually bring him “back”.

Since he was determined by a court years ago to be affiliated with MS13, the order only states he must be removed from the prison he is in now. Once he is returned to the US, he can immediately be deported to any other country other than El Salvador.


There is nothing in the order that requires him to be brought back to the US.
Anonymous

From Yahoo News:


In 2019, an Immigration Judge (under the first Trump administration) determined that the deported man was, in fact, a member of the MS-13 gang. He also apparently had multiple traffic violations for which he failed to appear in court," Vance said. (His initial post said the "Biden administration," not the "Trump administration," which Vance later corrected and clarified in another post.)

Court documents filed by Abrego Garcia's attorneys said he has no criminal charges or convictions in the United States, El Salvador or any other country; a search for Abrego Garcia's name in Maryland's judiciary court case system returned no results.

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The court filing from ICE did say that in an April 2019 hearing, an immigration judge denied Abrego Garcia bond "because 'the evidence show[ed] that he is a verified member of [Mara Salvatrucha] ('MS-13')]" and therefore posed a danger to the community" (Page 2).

However, again, an immigration judge's determination is not the same as a conviction. Merriam-Webster defines "conviction" as "the act or process of finding a person guilty of a crime especially in a court of law." But in this case, Abrego Garcia was at a bond hearing, meaning the judge's ruling determined whether Abrego Garcia would stay in ICE custody. The immigration detention system in the United States is legally classified as civil, not criminal, meaning this hearing was not over a criminal conviction in the first place.
Anonymous
Anonymous wrote:
Anonymous wrote:
Anonymous wrote:The order does not actually bring him “back”.

Since he was determined by a court years ago to be affiliated with MS13, the order only states he must be removed from the prison he is in now. Once he is returned to the US, he can immediately be deported to any other country other than El Salvador.


The court did not determine that and you know it.

You also know that he isn't in MS13. But you are probably right that they will do just that because Trump is as vindictive as he is narcissistic.


This court did not.

Bur a previous court determined years ago that he was in fact affiliated with MS 13.

He was granted protected status as he feared for his life if returned to El Salvador. This was not meant to be a permanent visa to stay.


Quote please. What I have read is that "he did not prove that he was not a danger to society." Nothing about MS-13. And in reality, not necessarily anything either
Anonymous
So if a judge determines him to be a MS 13 gang member, it’s good enough for me to get his ass out of the US, conviction or not…
Anonymous
Anonymous wrote:The order does not actually bring him “back”.

Since he was determined by a court years ago to be affiliated with MS13, the order only states he must be removed from the prison he is in now. Once he is returned to the US, he can immediately be deported to any other country other than El Salvador.


No he wasn’t. Why are you repeating a known lie?
Anonymous
Anonymous wrote:
Anonymous wrote:The order does not actually bring him “back”.

Since he was determined by a court years ago to be affiliated with MS13, the order only states he must be removed from the prison he is in now. Once he is returned to the US, he can immediately be deported to any other country other than El Salvador.


No he wasn’t. Why are you repeating a known lie?


They have to justify everything their supreme leader does
Anonymous
Anonymous wrote:
Anonymous wrote:
Anonymous wrote:
Anonymous wrote:The order does not actually bring him “back”.

Since he was determined by a court years ago to be affiliated with MS13, the order only states he must be removed from the prison he is in now. Once he is returned to the US, he can immediately be deported to any other country other than El Salvador.


The court did not determine that and you know it.

You also know that he isn't in MS13. But you are probably right that they will do just that because Trump is as vindictive as he is narcissistic.


This court did not.

Bur a previous court determined years ago that he was in fact affiliated with MS 13.

He was granted protected status as he feared for his life if returned to El Salvador. This was not meant to be a permanent visa to stay.


Quote please. What I have read is that "he did not prove that he was not a danger to society." Nothing about MS-13. And in reality, not necessarily anything either


Both a judge and the appeals board accepted that he was MS 13. He had judicial review and was ordered deported. Later a judge protected him from deportation to El Salvador. He was NOT protected from all deportation (“thus the administrative error”).

“In 2019, immigration officials began efforts to deport Abrego Garcia. When he sought to be released from immigration custody with a bond, the government contended that he was a member of MS-13, an international criminal gang.

An immigration judge denied Abrego Garcia’s request for release, finding that “the evidence shows he is a verified member of MS-13.” Although the judge acknowledged that she was “reluctant to give evidentiary weight” to Abrego Garcia’s “clothing as an indication of gang affiliation,” she concluded that it was enough that a “past, proven, and reliable source of information” had verified Abrego Garcia’s “gang membership, gang rank, and gang name.” The Board of Immigration Appeals affirmed that ruling.”

https://www.scotusblog.com/2025/04/justices-direct-government-to-facilitate-return-of-maryland-man-mistakenly-deported-to-el-salvador/

Anonymous
Anonymous wrote:
Anonymous wrote:The order does not actually bring him “back”.

Since he was determined by a court years ago to be affiliated with MS13, the order only states he must be removed from the prison he is in now. Once he is returned to the US, he can immediately be deported to any other country other than El Salvador.


No he wasn’t. Why are you repeating a known lie?


See citation below. Maybe read more so you understand the case?
Anonymous
Anonymous wrote:
Anonymous wrote:
Anonymous wrote:The order does not actually bring him “back”.

Since he was determined by a court years ago to be affiliated with MS13, the order only states he must be removed from the prison he is in now. Once he is returned to the US, he can immediately be deported to any other country other than El Salvador.


No he wasn’t. Why are you repeating a known lie?


They have to justify everything their supreme leader does


No I am just capable of reading.
Anonymous
Anonymous wrote:So if a judge determines him to be a MS 13 gang member, it’s good enough for me to get his ass out of the US, conviction or not…


A judge did as did the appeals board.
Anonymous
Anonymous wrote:
From Yahoo News:


In 2019, an Immigration Judge (under the first Trump administration) determined that the deported man was, in fact, a member of the MS-13 gang. He also apparently had multiple traffic violations for which he failed to appear in court," Vance said. (His initial post said the "Biden administration," not the "Trump administration," which Vance later corrected and clarified in another post.)

Court documents filed by Abrego Garcia's attorneys said he has no criminal charges or convictions in the United States, El Salvador or any other country; a search for Abrego Garcia's name in Maryland's judiciary court case system returned no results.

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The court filing from ICE did say that in an April 2019 hearing, an immigration judge denied Abrego Garcia bond "because 'the evidence show[ed] that he is a verified member of [Mara Salvatrucha] ('MS-13')]" and therefore posed a danger to the community" (Page 2).

However, again, an immigration judge's determination is not the same as a conviction. Merriam-Webster defines "conviction" as "the act or process of finding a person guilty of a crime especially in a court of law." But in this case, Abrego Garcia was at a bond hearing, meaning the judge's ruling determined whether Abrego Garcia would stay in ICE custody. The immigration detention system in the United States is legally classified as civil, not criminal, meaning this hearing was not over a criminal conviction in the first place.


You do not need a conviction to be deported.
Anonymous
Anonymous wrote:
Anonymous wrote:
Anonymous wrote:The order does not actually bring him “back”.

Since he was determined by a court years ago to be affiliated with MS13, the order only states he must be removed from the prison he is in now. Once he is returned to the US, he can immediately be deported to any other country other than El Salvador.


The court did not determine that and you know it.

You also know that he isn't in MS13. But you are probably right that they will do just that because Trump is as vindictive as he is narcissistic.


This court did not.

Bur a previous court determined years ago that he was in fact affiliated with MS 13.

He was granted protected status as he feared for his life if returned to El Salvador. This was not meant to be a permanent visa to stay.


Wrong. A judge deemed allegations sufficiently credible to deny him bond. That is not a determination of affiliation in anything.
Anonymous
Anonymous wrote:This order just says Trump has to facilitate getting him out of jail in El Salvador as if he had been regularly deported. It does not in any way require him to be returned to the US nor will he be. People need to read the words the court used.


The order asks the lower court to clarify what it means by 'effectuate'.
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