The Deportation of Kilmar Armando Abrego Garcia

#276
#276
MontyPython said:
So here's the thing: A US Immigration Judge granted Garcia "withholding of removal" status. This prohibited him from being deported. PERIOD.

Trump's deportation of Garcia, therefore, constitutes a bona fide Constitutional crisis, as the Executive has ignored the Judicial declaration.

The rest of what's been written here is largely noise.

Trump MUST comport to the law, or we will be square in shitville.

If you MAGA chumps want a civil war, continue to support an overt challenge to the Rule of Law.
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The AEA is separate from immigration law, he was removed via AEA.
 
#277
#277
Sandman 423 said:
It says he has been here living with documented relatives for 12 years. The system has to move faster than that. Also, If he has been here 12 years going back would be quite the culture shock.
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There’s different questions there that I do care about. Specifically “why him”. But the overall question of any “culture shock” he may experience due to deportation is not one of them.
 
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#278
#278
NashVol11 said:
Anyone who believes this is good PR for Trump is a complete idiot
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As far as I know, most of that nobody is fighting i.e. he's an illegal from El Salvador. The other part doesn't seem very material at this stage.

Why don't you tell us what to believe?
 
#279
#279
Vol8188 said:
There’s different questions there that I do care about. Specifically “why him”. But the overall question of any “culture shock” he may experience due to deportation is not one of them.
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If he wasn’t drug here as a child I would agree.
 
#280
#280
NashVol11 said:
There should be 100% agreement on this but some people are too far up Trump's ass
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Don't get me wrong the guy shouldn't be in the country but give him his day in court then put him on the next thing smoking.
 
#281
#281
hog88 said:
Don't get me wrong the guy shouldn't be in the country but give him his day in court then put him on the next thing smoking.
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He had a process and he was determined to be an illegal, whether we are talking immigration process or aea, the final determinations were that he was illegal.
 
#283
#283
MontyPython said:
So here's the thing: A US Immigration Judge granted Garcia "withholding of removal" status. This prohibited him from being deported. PERIOD.

Trump's deportation of Garcia, therefore, constitutes a bona fide Constitutional crisis, as the Executive has ignored the Judicial declaration.

The rest of what's been written here is largely noise.

Trump MUST comport with the law, or we will be square in shitville.

If you MAGA chumps want a civil war, continue to support an overt challenge to the Rule of Law.
Click to expand...

He was only granted a withholding of removal to El Salvador. He could have been deported to any other country willing to take him.
 
#284
#284
MontyPython said:
So here's the thing: A US Immigration Judge granted Garcia "withholding of removal" status. This prohibited him from being deported. PERIOD.
Click to expand...
Are you sure about this being the case?

apnews.com

In their words: What judges and Trump's government say about Abrego Garcia's mistaken deportation

President Donald Trump’s administration has dug in on its contention that his government should not have to repatriate Kilmar Abrego Garcia, despite court rulings that he was wrongly deported and should be returned to the United States.
apnews.com apnews.com

FALL 2019: Another immigration judge grants Abrego Garcia protection from removal to El Salvador, affirming his contention that he would be endangered by local gangs there. But the judge denies him blanket asylum, noting that “withholding from removal, in contrast to asylum, confers only the right not to be deported to a particular country rather than the right to remain in the U.S.”
 
#285
#285
hog88 said:
He was only granted a withholding of removal to El Salvador. He could have been deported to any other country willing to take him.
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And yet Garcia was deported by Trump to the one country the Judicial branch said he couldn't be deported to.
 
#286
#286
hndog609 said:
Are you sure about this being the case?

apnews.com

In their words: What judges and Trump's government say about Abrego Garcia's mistaken deportation

President Donald Trump’s administration has dug in on its contention that his government should not have to repatriate Kilmar Abrego Garcia, despite court rulings that he was wrongly deported and should be returned to the United States.
apnews.com apnews.com

FALL 2019: Another immigration judge grants Abrego Garcia protection from removal to El Salvador, affirming his contention that he would be endangered by local gangs there. But the judge denies him blanket asylum, noting that “withholding from removal, in contrast to asylum, confers only the right not to be deported to a particular country rather than the right to remain in the U.S.”
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Fair point. Yes, he could have been deported elsewhere... yet he wasn't. And Trump was President then.
 
#288
#288
MontyPython said:
Fair point. Yes, he could have been deported elsewhere... yet he wasn't. And Trump was President then.
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He was removed via AEA, the administrative order and/or even a judicial order are not really restrictions to removal under AEA.
 
#289
#289
hog88 said:
Yeah, and I said they need to bring him back. Give him a hearing and send his azz back out.
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He has already been removed via AEA. He already had hearings under immigration law, he's illegal and the determination via AEA was that he was illegal.
 
#290
#290
MontyPython said:
So here's the thing: A US Immigration Judge granted Garcia "withholding of removal" status. This prohibited him from being deported. PERIOD.

Trump's deportation of Garcia, therefore, constitutes a bona fide Constitutional crisis, as the Executive has ignored the Judicial declaration.

The rest of what's been written here is largely noise.

Trump MUST comport with the law, or we will be square in shitville.

If you MAGA chumps want a civil war, continue to support an overt challenge to the Rule of Law.
Click to expand...

Withholding of removal to El Salvador. Agreed. They need to send him somewhere else. PERIOD
 
#292
#292
MontyPython said:
And yet Garcia was deported by Trump to the one country the Judicial branch said he couldn't be deported to.
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This is where the left wing line of “this could happen to anyone” starts to really look like a joke.

He was supposed to be deported. He was unintentionally deported to his home country. That’s not good. But that’s far different than the idea that everyone should live in fear and this is your shining example of why
 
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#294
#294
hog88 said:
Or overturn the withholding order. Either way they guy has no business in the states.
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That is basically what the U.S. is saying.

> he's illegal via immigration determination
> he's illegal via aea executive branch determination
> he has no other immediate form of remedy available at this time
> even if the u.s. did not remove him via aea, the only controversy would be where to send him
> they would simply move to remove the stay order anyway under immigration law

"He chose.... poorly" - Indiana Jones and the Last Crusade.
 
#295
#295
MontyPython said:
So here's the thing: A US Immigration Judge granted Garcia "withholding of removal" status. This prohibited him from being deported. PERIOD.

Trump's deportation of Garcia, therefore, constitutes a bona fide Constitutional crisis, as the Executive has ignored the Judicial declaration.

The rest of what's been written here is largely noise.

Trump MUST comport with the law, or we will be square in shitville.

If you MAGA chumps want a civil war, continue to support an overt challenge to the Rule of Law.
Click to expand...

Lol. Doesn’t look that way.
 
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#296
#296
Vol8188 said:
I enjoy the “they never proved he was a gang member” claim.

As if there’s an MS-13 roster we can check on ESPN.
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That isn't relevant at this time, it could have been relevant at a Habeas process but that wasn't filed. He would still be removed or deported.
 
#300
#300
NashVol11 said:
Generally agree

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I already see the problem, the appeals is still claiming that a "mistake" was made. I am unsure if they have filed it but they have clarified that no "mistake" was made. Also that isn't what they said.

The application is granted in part and denied in part,
subject to the direction of this order. Due to the adminis-
trative stay issued by THE CHIEF J USTICE, the deadline im-
posed by the District Court has now passed. To that extent,
the Government’s emergency application is effectively
granted in part and the deadline in the challenged order is
no longer effective. The rest of the District Court’s order
remains in effect but requires clarification on remand. The
order properly requires the Government 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. The intended
scope of the term “effectuate” in the District Court’s order
is, however, unclear, and may exceed the District Court’s
authority. The District Court should clarify its directive,
with due regard for the deference owed to the Executive
Branch in the conduct of foreign affairs. For its part, the
Government should be prepared to share what it can con-
cerning the steps it has taken and the prospect of further
steps. The order heretofore entered by T HE CHIEF J USTICE
is vacated.
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Basically, at the end of the day, nothing happens unless the Executive Branch wants it to happen as to where things stand.
 
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