are you really that unaware? |
You seem very confused. Someone who was denied asylum after entering illegally is not required to have a criminal conviction to be deported! Whether he was convicted of gang membership is not relevant to the point that he was deportable because he entered illegally, back in 2011. El Salvador could release Garcia whenever they want. That is not Trump’s call. |
Who is the guy? |
What are you talking about? |
Just shut up with your cutesy point. No one cares if he is paying for Venezuelans, salvadorans, or future Americans. The Trump administration has made a huge mistake and admitted it. FIX IT. |
What due process? He was seen by an immigration judge who denied asylum. He was seen by an appeals board who sided with the judge. How many times do you think one illegal immigrant needs to be seen? It’s ridiculous. |
You are not an idiot. You just don’t know the law. Garcia has been adjudicated twice by administrative law courts as a member of MS-13. The judges don’t have criminal jurisdiction, the standard of proof is far different, and Garcia for whatever reason did not put on an effective defense in those courts to the allegations of being a MS-13 member. These are not Article III federal courts (they are Article II), neither are they state courts with criminal jurisdiction. These adjudications are not without legal weight, but casting about for a criminal conviction is largely irrelevant. Even when taking into consideration the administration’s mistake in not dealing with the withhold of removal order - an order easy to modify in 2025 - progressives must understand this guy is never coming home to his family in Maryland. Garcia has no right to be here and has been adjudicated for removal. Van Hollen knows this so he must too know what he is doing is political grandstanding. Notwithstanding the way the administration could defeat due process allegations is to bring him back, arrest him as they can lawfully do, detain him until the withhold order is eclipsed, at which point he will go back to his home country, where Bukele has designated MS-13 as a criminal terrorist group and where he will likely be back in prison for an even longer stint. Certainly there are arguments we should not someone to a Central American he’ll hole of a prison, but the guy knows he has been adjudicated by two US courts as a gang member. He also knows he has a removal order and let all time limits for asylum completely lapse. He would have been far better to self deport. |
It’s not that simple. He is in the hands of a sovereign power, in his own country. Sorry you don’t like that fact but that’s the way it stands. A district judge can’t dictate that Trump engage in a certain way with a foreign power. Don’t like Trump’s actions? Don’t vote GOP. This is not something a US judge can fix. |
Let things play out with all facts regarding this person and this case be confirmed and if you're 100% correct about 100% of what you're claiming to be true, I will 100% agree with you. Legal due process could have already happened and our country failed to respond to it in a timely manner. I don't by any means doubt this is possible. |
No idea what you are saying here. The facts played out already - he is in ES. |
DP. It did play out in April 2019. He had a Lawyer. Both sides presented evidence. He lost. He appealed, so it played out again in December 2019. Both sides presented evidence to a different judge. He lost again. The actual court documents have been posted many times in this thread. |
He is a citizen of El Salvador and "subject to the jurisdiction thereof." If El Salvador won't let him leave, that's that. |
Exactly. He is a Salvadoran who is in El Salvador. What right does Chris Van Hollen think HE has to order El Salvador to just snatch-up one of its citizens and fly one of there own up here to the USA, where he has no lawful status at all? |