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Reply to "Supreme Court Sides With Wrongly Deported Migrant"
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[quote=Anonymous][quote=Anonymous][quote=Anonymous]What Judge Xinis is banking on is that the government does not want to spend two weeks in discovery. Two big things can happen: (1) They just make the call and get him back (2) They spend two weeks creating a public record of their own screw-ups and then get sanctioned and then hope he is still alive and get him back. God forbid he gets killed in prison, the backlash will be tremendous. It is already brewing.[/quote] Not really. With all due respect, she has to tread very carefully so as not to violate separation of powers. The Supreme Court has already admonished the district court (albeit politely). If the district court does it again through pursuing discovery to compel executive actions, that will not be a good look. This entire situation turns on the word "facilitate" Perhaps the contract with El Salvador allows the US to ask for the return of someone improperly deported there. Even if it does, that may be of little use if the El Salvador government determines that such return would violate itsn own laws [/quote] She is allowing discovery to determine what was done to facilitate his return. Failing to answer that as the administration (and you) have done is not a good look, as you say.[/quote]
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