Supreme Court Sides With Wrongly Deported Migrant

[Anonymous]

Anonymous wrote:

Anonymous wrote:Why didnt the judget tell el salavador to send him back, she thinks she can do anything. Why not order other foreign nations to do things?

El Salvador can send him back the second they are asked to by the US government. He is not there as a Salvadoran citizen. He did not commit crimes in El Salvador. He is in the jail because he was sent there by the US government--and they are paying to keep him there. Apparently, the Salvadoran president is happy to house anyone the US sends to CECOT regardless of whether they have received due process or not. He jails his own people without due process.

The judiciary can’t force Trump to ask anything of a foreign power. That’s crystal clear in scotus precedent and in the constitution. If Trump for any reason feels it’s not in the nation’s best interest to pursue this further that’s his prerogative as chief executive and not judiciable, and he is asked and was rebuffed, he isn’t obligated to explain that to a district judge as per privilege.

[Anonymous]

Anonymous wrote:

Anonymous wrote:Fourth Circuit denies the Government's attempt to appeal the district court's order (which essentially just repeated the SCOTUS order). Judge Wilkinson, a famously conservative judge who is a feeder judge for the conservatives on SCOTUS, lambasted the Trump regime:

"It is difficult in some cases to get to the very heart of the matter. But in this case, it is not hard at all. The government is asserting a right to stash away residents of this country in foreign prisons without the semblance of due process that is the foundation of our
constitutional order. Further, it claims in essence that because it has rid itself of custody that there is nothing that can be done.
This should be shocking not only to judges, but to the intuitive sense of liberty that Americans far removed from courthouses still hold dear.
....
“Facilitation” does not permit the admittedly erroneous deportation of an individual to the one country’s prisons that the withholding order forbids and, further, to do so in disregard of a court order that the government not so subtly spurns. “Facilitation” does not sanction the abrogation of habeas corpus through the transfer of custody to foreign detention centers in the manner attempted here. Allowing all this would “facilitate” foreign detention more than it would domestic return. It would reduce the rule of law to lawlessness and tarnish the very values for which Americans of diverse views and persuasions have always stood.
....
The basic differences between the branches mandate a serious effort at mutual respect. The respect that courts must accord the Executive must be reciprocated by the Executive’s respect for the courts. Too often today this has not been the case, as calls for impeachment of judges for decisions the Executive disfavors and exhortations to disregard court orders sadly illustrate."

https://storage.courtlistener.com/recap/gov.uscourts.ca4.178400/gov.uscourts.ca4.178400.8.0.pdf

EVERYONE go read this NOW. A beautifully argued defense of our checks and balances, and the requirement that the rule of law must prevail over all if our Constitutional republic is to continue.

It was emotional nonsense. SCOTUS was referring to facilitation of his release. The appeals court above is talking of facilitation backwards in time ( “”Facilitation” does not sanction the abrogation of habeas corpus through the transfer of custody to foreign detention centers in the manner attempted here “to when Garcia was erroneously sent to ES. None of that matters to the central question of what specifically the judge wants Trump to do, which she has refused to answer as scotus required her to do.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:Why didnt the judget tell el salavador to send him back, she thinks she can do anything. Why not order other foreign nations to do things?

El Salvador can send him back the second they are asked to by the US government. He is not there as a Salvadoran citizen. He did not commit crimes in El Salvador. He is in the jail because he was sent there by the US government--and they are paying to keep him there. Apparently, the Salvadoran president is happy to house anyone the US sends to CECOT regardless of whether they have received due process or not. He jails his own people without due process.

The judiciary can’t force Trump to ask anything of a foreign power. That’s crystal clear in scotus precedent and in the constitution. If Trump for any reason feels it’s not in the nation’s best interest to pursue this further that’s his prerogative as chief executive and not judiciable, and he is asked and was rebuffed, he isn’t obligated to explain that to a district judge as per privilege.

So what you are saying is the that the president can do whatever he wants and is effectively a “king”?? Even the conservative Reagan circuit court judge is worried about trump flagrantly breaking the law and deporting US citizens to El Salvador. Your view on this is so wildly out of step with the courts it is nonsensical.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:Why didnt the judget tell el salavador to send him back, she thinks she can do anything. Why not order other foreign nations to do things?

El Salvador can send him back the second they are asked to by the US government. He is not there as a Salvadoran citizen. He did not commit crimes in El Salvador. He is in the jail because he was sent there by the US government--and they are paying to keep him there. Apparently, the Salvadoran president is happy to house anyone the US sends to CECOT regardless of whether they have received due process or not. He jails his own people without due process.

The judiciary can’t force Trump to ask anything of a foreign power. That’s crystal clear in scotus precedent and in the constitution. If Trump for any reason feels it’s not in the nation’s best interest to pursue this further that’s his prerogative as chief executive and not judiciable, and he is asked and was rebuffed, he isn’t obligated to explain that to a district judge as per privilege.

So what you are saying is the that the president can do whatever he wants and is effectively a “king”?? Even the conservative Reagan circuit court judge is worried about trump flagrantly breaking the law and deporting US citizens to El Salvador. Your view on this is so wildly out of step with the courts it is nonsensical.

You know he was never a US citizen right?

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:Why didnt the judget tell el salavador to send him back, she thinks she can do anything. Why not order other foreign nations to do things?

El Salvador can send him back the second they are asked to by the US government. He is not there as a Salvadoran citizen. He did not commit crimes in El Salvador. He is in the jail because he was sent there by the US government--and they are paying to keep him there. Apparently, the Salvadoran president is happy to house anyone the US sends to CECOT regardless of whether they have received due process or not. He jails his own people without due process.

The judiciary can’t force Trump to ask anything of a foreign power. That’s crystal clear in scotus precedent and in the constitution. If Trump for any reason feels it’s not in the nation’s best interest to pursue this further that’s his prerogative as chief executive and not judiciable, and he is asked and was rebuffed, he isn’t obligated to explain that to a district judge as per privilege.

So what you are saying is the that the president can do whatever he wants and is effectively a “king”?? Even the conservative Reagan circuit court judge is worried about trump flagrantly breaking the law and deporting US citizens to El Salvador. Your view on this is so wildly out of step with the courts it is nonsensical.

You know he was never a US citizen right?

You clearly didn’t read the circuit court opinion issued today or you would understand the reference I am making. The Reagan judge literally wrote this opinion and his opinion states that he is concerned about US citizen getting deported to El Salvador. https://storage.courtlistener.com/recap/gov.uscourts.ca4.178400/gov.uscourts.ca4.178400.8.0.pdf

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:For those that don't want to read, DOJ loses again with another trip to the woodshed to be spanked.

Will this administration and its supporters ever concede the fact that Trump is NOT a king?

Sad irony is that the DOJ was once considered the world's greatest litigation firm. Today, it would get its a** handed to them by Jacoby and Myers.

SCOTUS determines this not the appeals court.

You are actually funny. So you’ll concede Trump is not king when the Supreme Court upholds the 4th circuit?

I never alleged Trump is king so not sure where you are getting that from. ? The point is that this is heading back to SCOTUS and doesn’t stop at the appeals court, the same one that lost at scotus for the AEA ruling among other times they have been overturned.

SCOTUS isn’t going to mandate that the president engage in specific foreign policy acts and report that to a district judge.

Good thing the judge didn’t require the president to engage in specific foreign policy acts then

She absolutely did with her expansion of the definition of facilitate beyond its typical use in immigration aka dictating specific actions with the president of ES to effectuate his release, and for the court’s intrusive discovery mandates. Read the court docs - they are all online. District judge can’t force any specific engagement with a foreign power as per extensive case law.

The Supreme Court said the Executive had to facilitate Abrego Garcia's release from custody in El Salvador and to ensure that his case is handled as it would have been had he not been improperly sent to El Salvador.

What has Trump done to comply with that order?

Nothing. They instead talked about what the district court ordered and how this judge got it wrong. They claim to be facilitating return, which is not what the Supreme Court ordered, but what the district judge said.
The second part they are OK with. They would deport him to a different country.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:Why didnt the judget tell el salavador to send him back, she thinks she can do anything. Why not order other foreign nations to do things?

El Salvador can send him back the second they are asked to by the US government. He is not there as a Salvadoran citizen. He did not commit crimes in El Salvador. He is in the jail because he was sent there by the US government--and they are paying to keep him there. Apparently, the Salvadoran president is happy to house anyone the US sends to CECOT regardless of whether they have received due process or not. He jails his own people without due process.

The judiciary can’t force Trump to ask anything of a foreign power. That’s crystal clear in scotus precedent and in the constitution. If Trump for any reason feels it’s not in the nation’s best interest to pursue this further that’s his prerogative as chief executive and not judiciable, and he is asked and was rebuffed, he isn’t obligated to explain that to a district judge as per privilege.

So what you are saying is the that the president can do whatever he wants and is effectively a “king”?? Even the conservative Reagan circuit court judge is worried about trump flagrantly breaking the law and deporting US citizens to El Salvador. Your view on this is so wildly out of step with the courts it is nonsensical.

+1

[Anonymous]

Anonymous wrote:

Anonymous wrote:Why didnt the judget tell el salavador to send him back, she thinks she can do anything. Why not order other foreign nations to do things?

El Salvador can send him back the second they are asked to by the US government. He is not there as a Salvadoran citizen. He did not commit crimes in El Salvador. He is in the jail because he was sent there by the US government--and they are paying to keep him there. Apparently, the Salvadoran president is happy to house anyone the US sends to CECOT regardless of whether they have received due process or not. He jails his own people without due process.

I think people are missing the point that almost certainly he did commit a crime in El Salvador the moment he stepped foot off the plane there because of the state of emergency the El Salvadoran Legislative Assembly enacted three years ago. The state of emergency has also suspended constitutional rights to defense, meaning detainees can be held indefinitely on vague charges, without the need for an arrest warrant or evidence to back up criminal allegations. The legislative assembly modified the law in 2022 regarding agrupaciones ilícitas (unlawful association), expanding it to include anyone who “promotes, helps, facilitates or favors” the activities of a criminal organization. The law authorities the power to arrest not just suspected members, or homeboys, but also aspiring members (chequeos) and suspected “collaborators.”

The government provides no clear definition of any of these positions nor the methodology about how it arrives at these conclusions regarding who is a member, who is an aspiring member, and who is a collaborator.

The Maryland County Gang Report from 2019 states

Officers then interviewed Kilmar Armando ABREGO-GARCIA. During the interview officers observed he was wearing a Chicago Bulls hat and a hoodie with rolls of money covering the eyes, ears and mouth ofthe presidents on the separate denominations. Officers know such clothing to be indicative of the Hispanic gang culture. The meaning of the clothing is to represent "ver, oir y caliar" or "see no evil, hear no evi l and say no evil". Wearing the Chicago Bulls hat represents they they are a member in good standing with the MS-13 . Officers Contacted a past proven and reliable source of information, who advised Kilmar Armando ABREGO-GARCIA is an active member of MS-13 with the Westerns clique. The confidential source further advised that he is the rank of "Chequeo" with the
moniker of "Chele".

He was hanging in the Home Depot parking lot with:
Member of the Prince George's County Gang Unit MS -13 Intelligence Squad have encounter Christhyan HERNANDEZ-ROMERO on multiple occasions. He has an extensive criminal history for multiple assault, concealing dangerous weapon, burglary and many other criminal offences. He has also been found guilty of gang participation in the Circuit Court for Prince George's County in December of 2018. Officers know HERNANDEZ-ROMERO to be an active M -13 gang member with the Sailor's Clique with the rank of 'Observacion" and moniker of "Bimbo"

This is more than enough evidence for El Salvador to get at least 10 years in jail for associating with a gang member if not 20 to 30 years if found to be a gang member. And to be clear it doesn't make a difference if you commit another crime it is just the crime of being a gang member that will get you at least 20 years of prison in El Salvador.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:Why didnt the judget tell el salavador to send him back, she thinks she can do anything. Why not order other foreign nations to do things?

El Salvador can send him back the second they are asked to by the US government. He is not there as a Salvadoran citizen. He did not commit crimes in El Salvador. He is in the jail because he was sent there by the US government--and they are paying to keep him there. Apparently, the Salvadoran president is happy to house anyone the US sends to CECOT regardless of whether they have received due process or not. He jails his own people without due process.

The judiciary can’t force Trump to ask anything of a foreign power. That’s crystal clear in scotus precedent and in the constitution. If Trump for any reason feels it’s not in the nation’s best interest to pursue this further that’s his prerogative as chief executive and not judiciable, and he is asked and was rebuffed, he isn’t obligated to explain that to a district judge as per privilege.

So what you are saying is the that the president can do whatever he wants and is effectively a “king”?? Even the conservative Reagan circuit court judge is worried about trump flagrantly breaking the law and deporting US citizens to El Salvador. Your view on this is so wildly out of step with the courts it is nonsensical.

You know he was never a US citizen right?

You clearly didn’t read the circuit court opinion issued today or you would understand the reference I am making. The Reagan judge literally wrote this opinion and his opinion states that he is concerned about US citizen getting deported to El Salvador. https://storage.courtlistener.com/recap/gov.uscourts.ca4.178400/gov.uscourts.ca4.178400.8.0.pdf

And there were many morons here attacking posters who expressed the exact same concern in recent days and brushing aside those concerns as ridiculous.

[Anonymous]

Anonymous wrote:"Deputy Assistant to the President and "Counterterrorism Czar" Sebastian Gorka says anyone advocating for due process for Kilmar Abrego Garcia could be viewed as "aiding and abetting a terrorist" and be federally charged."

https://www.instagram.com/reel/DIh8BMXofUc/

This is especially odd coming from Sebastian Gorka, who has ties to a paramilitary group in Hungary. It might have made him ineligible for immigration/ citizenship.

https://nadler.house.gov/news/documentsingle.aspx?DocumentID=392758

I also can't figure out how he got US citizenship. He moved here in 2008, but became a citizen in 2012? You have to be resident for 5 years before you can even apply.

[Anonymous]

Anonymous wrote:

Anonymous wrote:"Deputy Assistant to the President and "Counterterrorism Czar" Sebastian Gorka says anyone advocating for due process for Kilmar Abrego Garcia could be viewed as "aiding and abetting a terrorist" and be federally charged."

https://www.instagram.com/reel/DIh8BMXofUc/

This is especially odd coming from Sebastian Gorka, who has ties to a paramilitary group in Hungary. It might have made him ineligible for immigration/ citizenship.

https://nadler.house.gov/news/documentsingle.aspx?DocumentID=392758

I also can't figure out how he got US citizenship. He moved here in 2008, but became a citizen in 2012? You have to be resident for 5 years before you can even apply.

So the Supreme court justices who made it clear he should have due process, they should be charged?

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:Why didnt the judget tell el salavador to send him back, she thinks she can do anything. Why not order other foreign nations to do things?

El Salvador can send him back the second they are asked to by the US government. He is not there as a Salvadoran citizen. He did not commit crimes in El Salvador. He is in the jail because he was sent there by the US government--and they are paying to keep him there. Apparently, the Salvadoran president is happy to house anyone the US sends to CECOT regardless of whether they have received due process or not. He jails his own people without due process.

I think people are missing the point that almost certainly he did commit a crime in El Salvador the moment he stepped foot off the plane there because of the state of emergency the El Salvadoran Legislative Assembly enacted three years ago. The state of emergency has also suspended constitutional rights to defense, meaning detainees can be held indefinitely on vague charges, without the need for an arrest warrant or evidence to back up criminal allegations. The legislative assembly modified the law in 2022 regarding agrupaciones ilícitas (unlawful association), expanding it to include anyone who “promotes, helps, facilitates or favors” the activities of a criminal organization. The law authorities the power to arrest not just suspected members, or homeboys, but also aspiring members (chequeos) and suspected “collaborators.”

The government provides no clear definition of any of these positions nor the methodology about how it arrives at these conclusions regarding who is a member, who is an aspiring member, and who is a collaborator.

The Maryland County Gang Report from 2019 states

Officers then interviewed Kilmar Armando ABREGO-GARCIA. During the interview officers observed he was wearing a Chicago Bulls hat and a hoodie with rolls of money covering the eyes, ears and mouth ofthe presidents on the separate denominations. Officers know such clothing to be indicative of the Hispanic gang culture. The meaning of the clothing is to represent "ver, oir y caliar" or "see no evil, hear no evi l and say no evil". Wearing the Chicago Bulls hat represents they they are a member in good standing with the MS-13 . Officers Contacted a past proven and reliable source of information, who advised Kilmar Armando ABREGO-GARCIA is an active member of MS-13 with the Westerns clique. The confidential source further advised that he is the rank of "Chequeo" with the
moniker of "Chele".

He was hanging in the Home Depot parking lot with:
Member of the Prince George's County Gang Unit MS -13 Intelligence Squad have encounter Christhyan HERNANDEZ-ROMERO on multiple occasions. He has an extensive criminal history for multiple assault, concealing dangerous weapon, burglary and many other criminal offences. He has also been found guilty of gang participation in the Circuit Court for Prince George's County in December of 2018. Officers know HERNANDEZ-ROMERO to be an active M -13 gang member with the Sailor's Clique with the rank of 'Observacion" and moniker of "Bimbo"

This is more than enough evidence for El Salvador to get at least 10 years in jail for associating with a gang member if not 20 to 30 years if found to be a gang member. And to be clear it doesn't make a difference if you commit another crime it is just the crime of being a gang member that will get you at least 20 years of prison in El Salvador.

Thank you for a clear account of how El Salvador is clearly out of step with the values of the United States. You have made an excellent case, beyond the fact that the Trump administration was breaking the law, for why sending him to El Salvador in unconscionable.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:Why didnt the judget tell el salavador to send him back, she thinks she can do anything. Why not order other foreign nations to do things?

El Salvador can send him back the second they are asked to by the US government. He is not there as a Salvadoran citizen. He did not commit crimes in El Salvador. He is in the jail because he was sent there by the US government--and they are paying to keep him there. Apparently, the Salvadoran president is happy to house anyone the US sends to CECOT regardless of whether they have received due process or not. He jails his own people without due process.

The judiciary can’t force Trump to ask anything of a foreign power. That’s crystal clear in scotus precedent and in the constitution. If Trump for any reason feels it’s not in the nation’s best interest to pursue this further that’s his prerogative as chief executive and not judiciable, and he is asked and was rebuffed, he isn’t obligated to explain that to a district judge as per privilege.

So what you are saying is the that the president can do whatever he wants and is effectively a “king”?? Even the conservative Reagan circuit court judge is worried about trump flagrantly breaking the law and deporting US citizens to El Salvador. Your view on this is so wildly out of step with the courts it is nonsensical.

The president can be impeached and the people can refuse to re elect him.

Do you think a judiciary is king? Boasberg for example is a low district judge who is trying to put Trump in contempt for a case he never had jurisdiction over according to SCOTUS. Where is your outrage over this judge even being involved in that case at this point?

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:For those that don't want to read, DOJ loses again with another trip to the woodshed to be spanked.

Will this administration and its supporters ever concede the fact that Trump is NOT a king?

Sad irony is that the DOJ was once considered the world's greatest litigation firm. Today, it would get its a** handed to them by Jacoby and Myers.

SCOTUS determines this not the appeals court.

You are actually funny. So you’ll concede Trump is not king when the Supreme Court upholds the 4th circuit?

I never alleged Trump is king so not sure where you are getting that from. ? The point is that this is heading back to SCOTUS and doesn’t stop at the appeals court, the same one that lost at scotus for the AEA ruling among other times they have been overturned.

SCOTUS isn’t going to mandate that the president engage in specific foreign policy acts and report that to a district judge.

Good thing the judge didn’t require the president to engage in specific foreign policy acts then

She absolutely did with her expansion of the definition of facilitate beyond its typical use in immigration aka dictating specific actions with the president of ES to effectuate his release, and for the court’s intrusive discovery mandates. Read the court docs - they are all online. District judge can’t force any specific engagement with a foreign power as per extensive case law.

The Supreme Court said the Executive had to facilitate Abrego Garcia's release from custody in El Salvador and to ensure that his case is handled as it would have been had he not been improperly sent to El Salvador.

What has Trump done to comply with that order?

Nothing. They instead talked about what the district court ordered and how this judge got it wrong. They claim to be facilitating return, which is not what the Supreme Court ordered, but what the district judge said.
The second part they are OK with. They would deport him to a different country.

The DOJ outlined that they would facilitate domestic steps in their response to Xinis. If you want answers to your questions just read the court logs which are all online.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:Why didnt the judget tell el salavador to send him back, she thinks she can do anything. Why not order other foreign nations to do things?

El Salvador can send him back the second they are asked to by the US government. He is not there as a Salvadoran citizen. He did not commit crimes in El Salvador. He is in the jail because he was sent there by the US government--and they are paying to keep him there. Apparently, the Salvadoran president is happy to house anyone the US sends to CECOT regardless of whether they have received due process or not. He jails his own people without due process.

The judiciary can’t force Trump to ask anything of a foreign power. That’s crystal clear in scotus precedent and in the constitution. If Trump for any reason feels it’s not in the nation’s best interest to pursue this further that’s his prerogative as chief executive and not judiciable, and he is asked and was rebuffed, he isn’t obligated to explain that to a district judge as per privilege.

So what you are saying is the that the president can do whatever he wants and is effectively a “king”?? Even the conservative Reagan circuit court judge is worried about trump flagrantly breaking the law and deporting US citizens to El Salvador. Your view on this is so wildly out of step with the courts it is nonsensical.

The president can be impeached and the people can refuse to re elect him.

Do you think a judiciary is king? Boasberg for example is a low district judge who is trying to put Trump in contempt for a case he never had jurisdiction over according to SCOTUS. Where is your outrage over this judge even being involved in that case at this point?

I can tell you didn’t read his order. How about you read that, instead of making shit up? No one is going to feel outrage over your fake talking points.