The Deportation of Kilmar Armando Abrego Garcia

#1,326
#1,326
Orange_Crush said:
I'll admit it may have been an error in the original document, but if the original document doesn't say that you can't deport to ES, then it doesn't say you can't deport to ES.

(I'm on record stating that they need to hold an immigration trial, get him deported under immigration law--as opposed to AEA since he's not from Venezuela--and ask the president of ES to let him out of prison unless they have a reason to keep him there; but as far as the USA is concerned he doesn't need to be imprisoned under the AEA.)
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In other recorded court documents, the courts make clear that Garcia was deported under the INA, not the AEA, so your instincts are correct here, too. His deportation had nothing to do with the AEA.
 
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#1,328
#1,328
Ritzwatch said:
Thanks for the edit, I was going blind trying to find the reference to Honduras. That is a good catch.

So, what I think happened is this: Most of these court orders are template orders that set forth the applicable law and basically allow for judges (clerks) to fill in names of parties, countries, etc. Most of the findings of fact are fill in the blank forms also.

In this instance, the Procedural History discusses El Salvador, The testimonial evidence discusses his being a native of El Salvador, and his fear of returning there. I don't have a copy of the filed Withholding of Removal Petition itself, but I am sure it references El Salvador, not Guatemala.

I suspect the "Guatemala" language in the order was simply sloppy draftmanship by the IJ or his clerk, where the last drafted order wasn't edited to change the country to El Salvador. That type of error, a "scrivener's error" is unlikely to prevail legally, especially when the actual "Order" on the last page "Granted" the application, which likely referenced El Salvador.

It is also worth noting that in the Government briefs in latter litigation, the Government has conceded that there was a valid withholding of removal to El Salvador, so no one else has contested the country to which he should not have been removed (much like Garcia himself conceded he was removeable under US law, which removes the relevance of the "deportation" of a "Maryland Dad" argument.)

Edit: Just saw your edited portions of the order. Keep on going down to the "Order" on the last page, it "grants" the application for withholding, which, again, I think was applied as to El Salvador. You did make a good catch on the Guatemala stuff though, most folks wouldn't have caught that (including the clerk/judge who drafted it and the attorneys who received it.)
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Sorry to send you on a Honduran goose chase. My ol' memory ain't what it once was.

And I agree; I've suspected that it was a templating error.
 
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#1,329
#1,329
OrangeTsar said:
So in your mind, deportation orders are meaningless?
Rule of Law must irritate you endlessly.
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Gather you're not following this case very closely. Per a court order, Garcia was specifically prohibited from being deported to El Salvador. So, yes, an illegal deportation by the Executive Branch violates Rule of Law.
 
#1,330
#1,330
Vol8188 said:
You don’t have to commit a crime to be deported, if you’re already here illegally.

You realize that, right?
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Putting the fact aside that Garcia's deportation was an error on the part of our own government, I think you're missing my broader point: Garcia is in an El Salvadorian prison. He's committed no crime other than being in the US without proper authorization. To date, Garcia has been incarcerated without a hearing. I would hope you agree this is fundamentally wrong.

We created this situation by wrongly deporting him there. Our government has admitted to this.

He should be shipped back to the US. Want to try him for various alleged crimes? Cool. Go for it. But, him rotting in a prison without his day in court is just plain wrong.
 
#1,332
#1,332
just bob said:
Lmao
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Bob, please educate yourself bro.

Court. Order.

SUPREME COURT OF THE UNITED STATES The United States acknowledges that Abrego Garcia was subject to a withholding order forbidding his removal to El Salvador, and that the removal to El Salvador was therefore illegal.
 
#1,333
#1,333
MontyPython said:
Bob, please educate yourself bro.

Court. Order.

SUPREME COURT OF THE UNITED STATES The United States acknowledges that Abrego Garcia was subject to a withholding order forbidding his removal to El Salvador, and that the removal to El Salvador was therefore illegal.
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laughing1.gif
 
#1,335
#1,335
MontyPython said:
Putting the fact aside that Garcia's deportation was an error on the part of our own government, I think you're missing my broader point: Garcia is in an El Salvadorian prison. He's committed no crime other than being in the US without proper authorization. To date, Garcia has been incarcerated without a hearing. I would hope you agree this is fundamentally wrong.

We created this situation by wrongly deporting him there. Our government has admitted to this.

He should be shipped back to the US. Want to try him for various alleged crimes? Cool. Go for it. But, him rotting in a prison without his day in court is just plain wrong.
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Why does he need a trial in your mind? That’s what I’m missing.

It’s been established he’s here illegally. He is now in El Salvador where he belongs.

Why would anyone “want to try him for various alleged crimes”? That would imply we want to imprison him here. No thanks
 
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#1,336
#1,336
MontyPython said:
Gather you're not following this case very closely. Per a court order, Garcia was specifically prohibited from being deported to El Salvador. So, yes, an illegal deportation by the Executive Branch violates Rule of Law.
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Then you would agree that the correct remedy then would be to fly him directly from El Salvador to a third country right? Not to bring him back to the United States?
 
#1,337
#1,337
OrangeTsar said:
Then you would agree that the correct remedy then would be to fly him directly from El Salvador to a third country right? Not to bring him back to the United States?
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We can't just send him to any country (that wouldn't accept him). That's the hope. Find the loopholes to keep him here.

The fix is to get the stay overturned (with ES president's affidavit that that former gang problem has been remedied), legally deport him, and then politely ask the ES president to let him out of prison unless they have their own reasons for keeping him there.

Then wash our hands of it.
 
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#1,338
#1,338
Orange_Crush said:
We can't just send him to any country (that wouldn't accept him). That's the hope. Find the loopholes to keep him here.

The fix is to get the stay overturned (with ES president's affidavit that that former gang problem has been remedied), legally deport him, and then politely ask the ES president to let him out of prison unless they have their own reasons for keeping him there.

Then wash our hands of it.
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Our hands have already been washed of it. The illegal alien isn't our problem.
 
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#1,339
#1,339
just bob said:
Our hands have already been washed of it. The illegal alien isn't our problem.
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That doesn't fix the fact that the US Gov't sent an illegal alien into an ES prison under the provisions of a law that had no jurisdiction over him.

We need to do things right. Pilot washed his hands of Jesus too, but that didn't cleanse his culpability.
 
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#1,340
#1,340
Orange_Crush said:
That doesn't fix the fact that the US Gov't sent an illegal alien into an ES prison under the provisions of a law that had no jurisdiction over him.

We need to do things right. Pilot washed his hands of Jesus too, but that didn't cleanse his culpability.
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None of that means anything. He's illegal alien trash. Violent illegal alien trash.

Uh, we already did the nice thing and sent him back home where he belongs. Enough with putting illegal alien trash above Americans.
 
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#1,344
#1,344
Boom.

Habeas Corpus still in effect. Sucks for you Donalald ****ard

Didn’t Orangeblob swear he would never return to the US?

😁
 
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#1,348
#1,348
MontyPython said:
Yep. Suck it.

Welcome to the rule of law bitch
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My guess is he will still be deported, just somewhere else. If he doesn’t get deported and walks he is still an accused wife beater and human trafficker so I don’t know that “suck it” is the best rebuttal. Call y’all’s representatives and demand they fix the immigration problems instead of fighting back and forth about it.
 
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