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[quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous]Just a Maryland father looking for work at Home Depot who is now in El Salvador because he was wearing a Bulls jersey.

Ignore that he had $1100 and threw away containers of drugs as police were approaching.[/quote]

And still the government admitted it was an error to deport him.[/quote]

If Garcia had drugs as you allege here, then the government can bring that into evidence in a court of law, and prosecute him.  Our country should not just disappear people with no trial, no evidence.

Imprisonment in CECOT, with the US government claiming it can do nothing since it's in another country, is a terrible system, for any criminal or non-criminal.  [/quote]

*did* he have drugs?

The only "case" against him that I can see is he was hanging around with some known gang members, and a guy who has provided reliable information in the past said he knew he was a gang member.

But even that informant didn't accuse him of any crime.

If there was evidence at the time he was picked up at the Home Depot that he had drugs or had committed a crime, wouldn't that evidence have been submitted?  That's how it works on the crime TV shows anyhow.

Isn't that how gang members get arrested? They commit a crime, are accused, judged, and sentenced. Then they have a criminal record and then they can be deported.

What happened with this case? They didn't have a court case because there was no evidence?[/quote]The evidence is in the field report, introduced in the immigration hearing.  It is why he was not released on bond.[/quote]

Sorry, explain it to me as I guess I am an idiot.

What evidence of a crime is in the field report?

A confidential informant's statement that he was a gang member can't be evidence, can it? That's hearsay?

The other evidence is that he was wearing a baseball cap and a hoodie with a graphic of rolled up money?  What kind of evidence is that? Help me to understand.

The other evidence of a crime that he committed in the field report is that --- what?
[/quote]

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. [/quote]

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