The dude would be deported instantly if he was returned

dude aint ever coming back

pound sand radical leftist judges

The next martyr for the left is in the works

The latest from Shipwreck

Next up on the "Illegal Alien Hit Parade" docket is the matter of Jordin Melgar-Salmeron (JMS), an illegal alien from El Salvador who was returned to his home country pursuant to an Order of Removal on May 7, 2025. His flight departed for El Salvador from Louisiana at 10:20 am that morning. At 9:52 am 28 minutes earlier the Second Circuit Court of Appeals entered an Order granting JMS's Motion to Stay his removal pending the disposition on a Petition for Review he had filed in that court. So a controversy has now developed where the Appeals Court has asked for an explanation as to how this happened, the attorney for JMS is asking that DHS be held in contempt, and that JMS be brought back to the United States so his appeal can be completed.

A bit of background:

In May 2021 JMS pled guilty in federal court in the Western District of Virginia to illegal possession of a sawed-off shotgun. JMS illegally entered the U.S. at age 15. His possession of the illegal shotgun happened when he was arrested for drunk driving. His fingerprints showed that he had been deported by ICE in 2012, meaning he had an Order of Removal in place. He had remained in custody since the date of his arrest January 24, 2021. After his 24 month criminal sentence was served, he remained in custody pending removal based on the 2012 deportation. Absent a court order staying his removal, the Trump Administration could send him out of the country at the first available opportunity.

While in detention pending removal back to El Salvador, JMS pursued relief in the form of "Withholding of Removal" back to El Salvador, and under the provisions of the "Convention Against Torture" (CAT). Relief under either law would have allowed JMS to avoid removal to El Salvador, but neither would have given him permission to remain in the U.S.

An Immigration Judge rejected both claims, and the Board of Immigration Appeals affirmed the Judge. JMS had one last avenue he could pursue a "Petition for Review" of the BIA decision by the Second Circuit Court of Appeals. That Court can only review legal issues in JMS's case, not any of the factual determinations made by the immigration courts. BIA courts are Article ll courts and the Second Circuit Court is an Article lll court and has no authority over the BIA courts ruling. JMS pled guilty to all his Article ill charges. This is just a last ditch effort that will not bring JMS back to US soil.

Behind a paywall but 7 day free trials are available.

RP's are greatly appreciated.
https://t.co/6XJdIlrTOg

— Shipwreckedcrew (@shipwreckedcrew) June 1, 2025

Hes illegal, sounds like the system is working

Im Gipper said:

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UPDATE!!!!












He's still never coming back!

Let us be crystal clear: Kilmar Abrego Garcia will never be on American streets again.

Advocating for an illegal alien, MS-13 gang member, human trafficker and wife beater over ACTUAL Maryland constituents victimized by illegal alien crime is appalling. https://t.co/cLxUSWFvCV

— Homeland Security (@DHSgov) May 28, 2025

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It just funny because if they bring him back, he will be on the next plane to Mexico or anywhere but El Salvador and it will be correct

Who?mikejones! said:

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Im Gipper said:

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UPDATE!!!!












He's still never coming back!

Let us be crystal clear: Kilmar Abrego Garcia will never be on American streets again.

Advocating for an illegal alien, MS-13 gang member, human trafficker and wife beater over ACTUAL Maryland constituents victimized by illegal alien crime is appalling. https://t.co/cLxUSWFvCV

— Homeland Security (@DHSgov) May 28, 2025

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It just funny because if they bring him back, he will be on the next plane to Mexico or anywhere but El Salvador and it will be correct

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Actually it's anywhere but Guatemala. His "Withholding of Removal" was based on a threat he claimed from the rival 18th Street gang in Guatemala. There was nothing preventing him from being deported to El Salvador of which he is a citizen of. They keep omitting the facts that he's a gang banger who claimed to be in fear for his life from a "rival gang" of which the 18 Street gang has been eliminated from existence for several years.

No, it was el Salvador.

From supreme court docs

Quote:

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The IJ therefore granted Abrego Garcia withholding of removal to El Salvador under 8 U.S.C. 1231(b)(3). App., infra, 11a-15a. Withholding of removal "only bars deporting an alien to a particular country or countries," INS v. Aguirre-Aguirre, 526 U.S. 415, 419 (1999)in Abrego Garcia's case, to El Salvador.

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The Fall Guy said:

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captkirk said:

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unimboti nkum said:

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How hard would it be for Trump to call the president and tell him to do it? Do they not know where he is? Did they drop him in the middle of the jungle? This shouldn't be difficult. They just don't want to do it.

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He's not coming back to the US, no matter what

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So just ignore the Supreme Court? Great way to set up the future of the country for when a Dem president is in office. Obey the laws but not the highest court in the nation

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Indeed. Fly him back (commercial), march him to a courtroom, convict in a 15 minute airport trial, fly him back on a waiting C-130 headed south.

The Fall Guy said:

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captkirk said:

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unimboti nkum said:

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How hard would it be for Trump to call the president and tell him to do it? Do they not know where he is? Did they drop him in the middle of the jungle? This shouldn't be difficult. They just don't want to do it.

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He's not coming back to the US, no matter what

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So just ignore the Supreme Court? Great way to set up the future of the country for when a Dem president is in office. Obey the laws but not the highest court in the nation

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The govt has a point though. He is now in custody of the el Salvador govt. The can ask for his return, but, el Salvador can say no.

If they do, then what?

Separate, but equal. Yes, ignore the court when it strays into executive branch business. That is not controversial, it is how it is supposed to work. The courts need to be put into their proper place. When they assume their traditional role, then comply. But do not set the precedent that the judiciary can assume executive functions.

Who?mikejones! said:

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No, it was el Salvador.

From supreme court docs

Quote:

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The IJ therefore granted Abrego Garcia withholding of removal to El Salvador under 8 U.S.C. 1231(b)(3). App., infra, 11a-15a. Withholding of removal "only bars deporting an alien to a particular country or countries," INS v. Aguirre-Aguirre, 526 U.S. 415, 419 (1999)in Abrego Garcia's case, to El Salvador.

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So has zero to do with where he is deported from, only which country he can not be deported to.

Yes, he could not be deported to el Salvador because of the alleged gang threat. He could've been deported anywhere else and non of this circus would've happened

But, in the time since he was given the non removal to el Salvador order, things changed- the gang from which he feared is no longer a thing, he's a part of a declared terrorist organization and therefore a terrorist. If we're to go back in front of the same judge, I'd wager the block to el Salvador would've been removed.

And let's be clear here, protection from opposing criminal gangs shouldn't be a reason for asylum

Who?mikejones! said:

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No, it was el Salvador.

From supreme court docs

Quote:

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The IJ therefore granted Abrego Garcia withholding of removal to El Salvador under 8 U.S.C. 1231(b)(3). App., infra, 11a-15a. Withholding of removal "only bars deporting an alien to a particular country or countries," INS v. Aguirre-Aguirre, 526 U.S. 415, 419 (1999)in Abrego Garcia's case, to El Salvador.

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His original claim in the original "Withholding of Removal" references Guatemala in three instances rather than El Salvador.

https://www.courtlistener.com/docket/69777799/1/1/abrego-garcia-v-noem/



There are three references to "Guatemala" in the 14 page decision:


"DHS has failed to carry their burden to show that there are changed circumstances in Guatemala that would result in Respondent's life not being threatened, or that internal relocation is possible and reasonable." Page 8.

"DHS has not shown there are changed circumstances in Guatemala that would result in the Respondent's life not being threatened, or that internal relocation is possible and reasonable under the circumstances. Therefore the court grants the Withholding of Removal" Page 13.

"At present, even though the family has now shut down the pupusa business, Barrio 18 continues to harass and threaten the Respondent's two sisters and parents in Guatemala. Additionally, they have targeted a brother in law who now lives with the family." Page 14.

It wasn't until later that his attorneys injected El Salvador into the mix once it was learned that was where he was headed instead of Guatemala. First, after Abrego Carcia was removed and his girlfriend recognized him in a photo taken at CECOT, attorneys on her behalf went screaming into federal court in Maryland claiming he was granted WOR for El Salvador. This was incorrect but they found the Biden lower court judge to go along with it.

Then they pivoted to asylum but his Asylum claim was a moot issue anyway because you have to file your asylum claim within a year of entering the country. He didn't

I believe that's the administrative error that this entire case revolves around.

Quote:

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October 10, 2019, following a full evidentiary hearing, the IJ granted Abrego Garcia withholding of removal to El Salvador pursuant to 8 U.S.C. 1231(b)(3)(A). As a matter of law, withholding of removal prohibits DHS from returning an alien to the specific country in which he faces clear probability of persecution. In Abrego Garcia's case, the IJ concluded that he was entitled to such protection because the Barrio 18 gang had been "targeting him and threatening him with death because of his family's pupusa business."

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Further, in the link you posted

Quote:

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The Respondent is a 24-year old native of El Salvador. He was born in 1995 in Los Nogales
neighborhood, San Salvador, El Salvador. The Respondent testified that he fears returning to his
country because the Barrio 18 gang was targeting him and threatening him with death because of
his family's pupusa? business. The Respondent's mother, Cecilia, ran the business out of her home.
Although the business had no formal storefront, everyone in the town knew to get their pupusas
from "Pupuseria Cecilia." The Respondent's father, brother and two sisters all helped run the
family business. The Respondent's job was to go to the grocery store to buy the supplies needed

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It clearly is referring to el Salvador, not Guatemala

Further, the family moves within el Salvador, not to Guatemala, according to the documents in your own link.

All the evidence, including the 2019 case, says he could not be sent to el Salvador. This exhibit, imo, erroneously references the wrong country and is probably the source of the administrative error.

I shudder to think what that man has cost this country.

sam callahan said:

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I shudder to think what that man has cost this country.

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Biden and those who voted for Biden should be sent a bill for all those costs.

The Trump administration contends 8 USC 1231 is no longer applicable, as the Bario Gang threat has been neutralized, so its application to Abrego has been rendered moot; further, the U.S. now "lacks standing" to compel El Salvador to return one of its citizens to America, as the 'return' isn't a criminal extradition order that a treaty between the two countries would compel El Salvador to comply. Lastly, even if Abrego was returned to America, he would be immediately returned to El Salvador under the new EO of Trump or via a "cured" immigration order, so the net result is the same. Just my two cents/ understanding of this case.

Frankly, Abrego IS a MS13 gang member who for obvious political reasons is a 'pawn' for the Dems to undermine anything & everything that Trump attempts to do, so why continue to waste taxpayer money sending this POS back & forth over the Gulf of AMERICA; didn't the Biden DOE alone already waste enough tax payers' money with their outrageous & unverified loans?!?!

Who?mikejones! said:

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Yes, he could not be deported to el Salvador because of the alleged gang threat. He could've been deported anywhere else and non of this circus would've happened

But, in the time since he was given the non removal to el Salvador order, things changed- the gang from which he feared is no longer a thing, he's a part of a declared terrorist organization and therefore a terrorist. If we're to go back in front of the same judge, I'd wager the block to el Salvador would've been removed.

And let's be clear here, protection from opposing criminal gangs shouldn't be a reason for asylum

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Exactly; the asylum for protection from violence shouldn't be on account of the violence they started!

(p.s. My reply above wasn't refuting your points; I was merely adding to your commentary/ observations, so mea culpa if it came across as combative or argumentative.)

I'd agree with you and trump that the reason for his block to el Salvador is no longer valid, for at least 2 separate reasons.

But, that is not what we were talking about

Interesting!

JUST IN: The Trump administration says Secretary RUBIO is "personally handling" discussions with El Salvador over the return of wrongly deported migrants.

He has a "personal relationship" with Bukele that dates to his time on Foregn Relations Committee. https://t.co/UlKJh4SECF pic.twitter.com/61fR81xcQl

— Kyle Cheney (@kyledcheney) June 2, 2025

Wonder if this is being done to shut the activist judge up. We have gone from them sending in someone junior who made a huge misstatement to the court to the Sec of State saying he will talk to his ol pal Bukele.

Can they not just fly him in and turn him around to another country?

AgBQ-00 said:

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Can they not just fly him in and turn him around to another country?

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They don't even have to do that much. Escort him to the US Embassy where they can have a immigration judge there, revoke the non removal order and escort him back to wherever they are holding him


Done deal.

Why? The court has no right to make anything happen here.

AgBQ-00 said:

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Can they not just fly him in and turn him around to another country?

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If they come back they will be deported....

Ellis Wyatt said:

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Why? The court has no right to make anything happen here.

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This is the reason why the executive branch is pushing this.

To get the SCOTUS to rule that this is not something that courts can demand.

It will shut down a lot of later fights the left tries...

BREAKING:

A federal judge GRANTS a motion by major news outlets to UNSEAL records in the Kilmar Abrego Garcia case, including a transcript of a previously non-public hearing. pic.twitter.com/KGWmWdIME3

— Adam Klasfeld (@KlasfeldReports) June 4, 2025

Which documents are they seeking to unseal? I can look if not immediately available.

What is the "Press Movement" thinking they will find?

Nothing on Pacer

Dirty_Mike&the_boys said:

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Nothing on Pacer

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what do you mean?

its all on courtlistener, and they get it from pacer.

BMX Bandit said:

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Dirty_Mike&the_boys said:

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Nothing on Pacer

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what do you mean?

its all on courtlistener, and they get it from pacer.

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I understand how it works when I said pacer I was also referring to courtlistener and I have this case tagged and no prompt for anything new unsealed yet or so I thought


I do see the order and ruling just not the transcript that they left is claiming will clear KAG

https://storage.courtlistener.com/recap/gov.uscourts.mdd.578815/gov.uscourts.mdd.578815.180.0.pdf

Quote:

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I do see the order and ruling just not the transcript that they left is claiming will clear KAG

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What will it clear him of?

Being an illegal alien? Nope.

Being a gang member? Nope.

Being a domestic abuser? Nope.

Being in prison in Venezuela? Nope.

Quote:

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just not the transcript

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order says the reporter is redacting portions.