2000AgPhD said:

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Due process for an illegal works like this:

1. You establish the identity of the individual.
2. You determine that the individual is in the country illegally.
3. At that point, having violated the laws of the country, he is eligible for deportation

Literally and legally, that is it - and it has already happened in this guy's case. The government and the executive branch owe him nothing more than that, and had every right to deport him.

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Hullabaloonatic said:

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You know how I know every MAGA person defending Garcia's deportation is full of ***** Because Trump has said he wants to deport 'homegrown' criminals and no one here cares. The President was caught on live TV saying he wants to disappear US CITIZENS. So of course no one here cares about an El Salvadorian immigrant...they don't even care about their own US compatriots.

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rgvag11 said:

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Fourth Circuit denies Trump administration request for a stay. Apparently, they think the court does have standing. But what do they know.

It is difficult in some cases to get to the very heart of the matter. But in this case, it

is not hard at all. The government is asserting a right to stash away residents of this country
in foreign prisons without the semblance of due process that is the foundation of our
constitutional order. Further, it claims in essence that because it has rid itself of custody
that there is nothing that can be done.
This should be shocking not only to judges, but to the intuitive sense of liberty that
Americans far removed from courthouses still hold dear.
The government asserts that Abrego Garcia is a terrorist and a member of MS-13.
Perhaps, but perhaps not. Regardless, he is still entitled to due process. If the government
is confident of its position, it should be assured that position will prevail in proceedings to
terminate the withholding of removal order. See 8 C.F.R. 208.24(f) (requiring that the
government prove "by a preponderance of evidence" that the alien is no longer entitled to
a withholding of removal). Moreover, the government has conceded that Abrego Garcia
was wrongly or "mistakenly" deported. Why then should it not make what was wrong,
right?

https://storage.courtlistener.com/recap/gov.uscourts.ca4.178400/gov.uscourts.ca4.178400.8.0.pdf

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Quote:

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Abrego-Garcia is a citizen and national of EL Salvador. Abrego-Garcia claimed to have walked across the desert for many days entering illegally into the United States near McAllen, Texas on or about March 25, 2012.
PROCESSING INFORMATrON; Abrego-Garcia' fingerprints and photograph were entered into the IDENT/:tAPIS database and returned with the immigration and criminal history listed below.

IMMIGRATION HISTORY: Record checks showed that Abrego-Garcia has no immigration history and received A# 201 577 119 as a result of today's apprehension.

IMMIGRATION CHARGE: Abrego-Garcia has made no claims to USC or LPR and is amenable to removal under 212(a) (6) {A) (i) of the Immigration and Nationali.ty Act, as amended, in that Abrego-Garcia is an alien present in the United States without being admitted or paroled, or who arrived in the United States at any time or place other than as designated by the Attorney General.

Abrego - Garcia claims to be in good health. one free phone call. Abrego-Garcia made a call to ----at --and remained for 5 minutes. Abrego-Garcia is not claiming fear of returning to his country.

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Quote:

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Abrego-Garcia was advised of his right to speak with a consular officer of his native country of EL Salvador which he declined. Abrego-Garcia is claiming fear of returning to his home country of El Salvidor.

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rgvag11 said:

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Section 2

The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made, or which shall be made, under their Authority

If the Judiciary does not "have the power", then we are no longer living under our Constitution.

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rgvag11 said:

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And if it is not 'corrected', then what? Life goes on, and the Executive only has to listen to the Judiciary when it feels like it?

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Not yet mentioned anywhere that I can see in the analysis of the Supreme Court's remand of the Abrego Garcia case is any reference to the following:

"For its part, the Government should be prepared to share what it can concerning the steps it has taken and the prospect of…

— Shipwreckedcrew (@shipwreckedcrew) April 17, 2025

Quote:

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It is this part where Judge Xinis has take issue with the Govt reports, and has now granted the plaintiff's request for discovery.

This game can go on several more rounds because ....

"what it can" gives to the Executive the discretion to share or not share information based on its own needs and prerogatives.

Every response to discovery at this point can begin with "The United States cannot, at this point, share any informations responsive to this interrogatory/request for documents due to ongoing diplomatic efforts that may be compromised by public disclosure, and any information given to Plaintiffs or Plaintiffs' counsel at this juncture creates an unacceptable risk of such disclosure."

Next.

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HoustonAg9999 said:

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How they going to compel El Salvador to realse him?

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DarkBrandon01 said:

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HoustonAg9999 said:

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How they going to compel El Salvador to realse him?

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By negotiating, which should be very easy considering Bukele is bent over backwards for Trump. Trump has not applied the slightest amount of pressure to ask for this. This is because Trump and Bukele have an agreement where Bukele pretends to refuse and Trump pretends there is nothing else that can be done. Of course, this is ridiculous and everyone knows this, including all 9 supreme court justices.

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HoustonAg9999 said:

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rgvag11 said:

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Section 2

The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made, or which shall be made, under their Authority

If the Judiciary does not "have the power", then we are no longer living under our Constitution.

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Didt Biden violate the law and the constitution by letting and shipping all these illegals in? Your concern now is funny.

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AtticusMatlock said:

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The behavior of the executive branch here is just absurd to me. It's counterproductive. A judge had ruled he could not go back to El Salvador. They mistakenly sent him back to El Salvador. Why could they have not just quickly brought him back, put him before another immigration judge in an expedited hearing and have them reverse the protective order? Keep him in custody here then get him out.

It does seem to me the reason they don't want him to come back is because they don't want him giving interviews about the conditions at that prison. Maybe he really has already been killed. Who knows.

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Hullabaloonatic said:

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2000AgPhD said:

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Due process for an illegal works like this:

1. You establish the identity of the individual.
2. You determine that the individual is in the country illegally.
3. At that point, having violated the laws of the country, he is eligible for deportation

Literally and legally, that is it - and it has already happened in this guy's case. The government and the executive branch owe him nothing more than that, and had every right to deport him.

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Unless of course the individual has legal protections from deportation.

Oh and if you deport someone, you need to deport them to their own country...not a random Gulag with 0 avenues of release.

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Hullabaloonatic said:

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2000AgPhD said:

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Due process for an illegal works like this:

1. You establish the identity of the individual.
2. You determine that the individual is in the country illegally.
3. At that point, having violated the laws of the country, he is eligible for deportation

Literally and legally, that is it - and it has already happened in this guy's case. The government and the executive branch owe him nothing more than that, and had every right to deport him.

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Unless of course the individual has legal protections from deportation.

Oh and if you deport someone, you need to deport them to their own country...not a random Gulag with 0 avenues of release.

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Quote:

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(b) Countries to which aliens may be removed

(E) Additional removal countries
If an alien is not removed to a country under the previous subparagraphs of this paragraph, the Attorney General shall remove the alien to any of the following countries:
(i) The country from which the alien was admitted to the United States.
(ii) The country in which is located the foreign port from which the alien left for the United States or for a foreign territory contiguous to the United States.
(iii) A country in which the alien resided before the alien entered the country from which the alien entered the United States.
(iv) The country in which the alien was born.
(v) The country that had sovereignty over the alien's birthplace when the alien was born.
(vi) The country in which the alien's birthplace is located when the alien is ordered removed.
(vii) If impracticable, inadvisable, or impossible to remove the alien to each country described in a previous clause of this subparagraph, another country whose government will accept the alien into that country.

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