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Started By
Message
re: Trump administration contends it has no duty to return illegally deported man to US
Posted on 4/14/25 at 4:23 pm to SlowFlowPro
Posted on 4/14/25 at 4:23 pm to SlowFlowPro
quote:
It's more about defending the Constitution and limiting the power of government over us via our rights.
The same Constitution that assigns the President to preside over the Executive Branch, under which the Justice Department operates and sets administrative policies for managing immigration issues?
It sure seemed like the Supreme Court just affirmed that the District Court Judge risked overstepping her legal authority by ordering the President to effectuate the return of Kilmar Abrego-Garcia, effectively directing her to stay in her lane according to the Constitution.
1
Posted on 4/14/25 at 4:24 pm to JimEverett
quote:
Thanks, but that is not the Solicitor General's work.
Naw dude
quote:
APPLICATION TO VACATE THE INJUNCTION ISSUED BY THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND AND REQUEST FOR AN IMMEDIATE ADMINISTRATIVE STAY
quote:
D. JOHN SAUER
Solicitor General
Counsel of Record
Department of Justice
*ETA: and for everyone else, I believe this is what Decatur is referencing, which is part of the Appendix and not the pleading filed.
quote:
DECLARATION OF ROBERT L. CERNA
quote:
6. On March 15, 2025, two planes carrying aliens being removed under the Alien Enemies Act (“AEA”) and one carrying aliens with Title 8 removal orders departed the United States for El Salvador. Abrego-Garcia, a native and citizen of El Salvador, was on the third flight and thus had his removal order to El Salvador executed. This removal was an error.
quote:
15. Through administrative error, Abrego-Garcia was removed from the United States to El Salvador. This was an oversight, and the removal was carried out in good faith based on the existence of a final order of removal and Abrego-Garcia’s purported membership in MS-13. I declare under penalty of perjury that the foregoing is true and correct. Executed this 31st day of March 2025.
This post was edited on 4/14/25 at 4:30 pm
Posted on 4/14/25 at 4:27 pm to JimEverett
??? I linked the application to SCOTUS to stay the injunction. The application is signed by Sauer.
Posted on 4/14/25 at 4:28 pm to Decatur
Nit sure what i did, but the first time i opened tge link it went to a district court filing.
I see the the SG's filing now.
Thanks, i appreciate it.
I see the the SG's filing now.
Thanks, i appreciate it.
Posted on 4/14/25 at 4:31 pm to EatnCreaux
quote:
The same Constitution that assigns the President to preside over the Executive Branch, under which the Justice Department operates and sets administrative policies for managing immigration issues?
That does not bestow upon the President infinite powers, especially over immigration law (which is governed by Congressional statute).
The President can only act within the limited authority granted to him by the Congress.
quote:
It sure seemed like the Supreme Court just affirmed that the District Court Judge risked overstepping her legal authority by ordering the President to effectuate the return of Kilmar Abrego-Garcia, effectively directing her to stay in her lane according to the Constitution.
Based on which language, exactly?
Posted on 4/14/25 at 4:35 pm to trader_tiger83
quote:Not about that.
El Salvadoran gang member to El Salvador
---
False. The DOJ even admitted they made a mistake.
Posted on 4/14/25 at 4:36 pm to SlowFlowPro
quote:Literally all of it. How do you interpret the findings and the word "facilitate"?
Based on which language, exactly?
Posted on 4/14/25 at 4:42 pm to trader_tiger83
quote:
False. The DOJ even admitted they made a mistake.
False it wasn't a mistake. You fell for a lie from a DS holdover dim.
Posted on 4/14/25 at 4:43 pm to SlowFlowPro
here's the good news jethro, he's gone, he aint coming back and you can eat schit.
every one news you're not a lawyer you just pretend to be one on the internet.
every one news you're not a lawyer you just pretend to be one on the internet.
Posted on 4/14/25 at 5:13 pm to omegaman66
quote:
quote:
False. The DOJ even admitted they made a mistake.
False it wasn't a mistake. You fell for a lie from a DS holdover dim.
These fricking retards around here refuse to see the facts. Once again..... Stephen Miller explains. If any of you retards think you are more informed a better legal mind, or that anyone should believe your fake arse stupidity.... ur totally delusional.
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Posted on 4/14/25 at 5:21 pm to Barstools
quote:
For being a violent gang member. Are you slow? You think Bukele would keep his own citizen locked up for committing zero crimes in El Salvador? He's going to imprison his own for sneaking into the US. Got it.
Some of y'all really have no respect for facts. Garcia is clearly deportable and (I guess) subject to prosecution in the UNITED STATES for breaking our immigration laws.
There's no allegation that he was a member of MS-13 before he left El Salvador (sometime before he was 16). He's never been charged with---much less convicted of---any crimes in El Salvador or the United States.
Deportable? Absolutely. Deserving of a life sentence in CECOT? That's up to El Salvador, but his life while in El Salvador's jurisdiction was devoid of any allegations of criminal behavior.
I know many of you just want to fantasize about these people as being monsters, but here are the unrebutted facts as to his life in El Salvador...
Time Magazine Article
Gang threats in El Salvador
Abrego Garcia grew up in El Salvador’s capital city, San Salvador, according to court documents filed in U.S. immigration court in 2019. His father was a former police officer. His mother, Cecilia, sold pupusas, the nation’s signature dish of flat tortilla pouches that hold steaming blends of cheese, beans or savory pork.
The entire family, including his parents, two sisters and older brother, ran the business from home, court records state. Abrego Garcia’s job was to buy ingredients from the grocery store and make deliveries with his brother.
“Everyone in the town knew to get their pupusas from ‘Pupuseria Cecilia,’” his lawyers wrote.
A local gang, Barrio 18, began extorting the family for “rent money” and threatened to kill his older brother Cesar—or force him into their gang—if they weren’t paid, court documents state. The family complied but eventually sent Cesar to the U.S.
Barrio 18 similarly targeted Abrego Garcia, according to his immigration case. When he was 12, the gang threatened to take him away until his father paid them “all of the money that they wanted.” They still watched him as he walked to and from school.
The family moved 10 minutes away, but the gang threatened to rape and kill Abrego Garcia’s sisters, court records state. The family shut down the business, moved again and eventually sent Abrego Garcia to the U.S.
The family never went to authorities because of rampant police corruption, according to court filings. The gang continued to harass the family after they moved to Guatemala, which borders El Salvador.
Life in the U.S.
Abrego Garcia fled to the U.S. illegally around 2011, the year he turned 16, according to documents filed in his immigration case. He joined Cesar, now a U.S. citizen, in Maryland and found work in construction.
About five years later, Abrego Garcia met Jennifer Vasquez Sura, a U.S. citizen, the records say. In 2018, after she learned she was pregnant, he moved in with her and her two children. They lived in Prince George’s County, just outside Washington.
In 2019, Abrego Garcia went to a Home Depot looking for work when he was arrested by county police, according to court filings. Detectives asked if he was a gang member. After explaining he wasn’t, he was detained by Immigration and Customs Enforcement.
Abrego Garcia later told an immigration judge that he would seek asylum and asked to be released. Vasquez Sura was five months into a high-risk pregnancy.
U.S. Immigration and Customs Enforcement, however, alleged that he was a certified gang member based on information that came from a confidential informant used by county police, records state.
According to Abrego Garcia’s attorneys in his current case, the criminal informant had alleged that Abrego Garcia belonged to an MS-13 chapter in New York, where he has never lived.
The information was enough for an immigration judge in 2019 to keep Abrego Garcia in jail as his immigration case continued, court records state. The judge said the informant was proven and reliable and had verified his gang membership and rank.
Abrego Garcia later married Vasquez Sura in a Maryland detention center, according to court filings. She gave birth while he was still in jail.
In October 2019, an immigration judge denied Abrego Garcia’s asylum request but granted him protection from being deported back to El Salvador because of a “well-founded fear” of gang persecution, according to his case. He was released, and ICE did not appeal.
Abrego Garcia checked in with ICE yearly while the Department of Homeland Security issued him a work permit, his attorneys said in court filings. He joined a union and was employed full time as a sheet metal apprentice.
He and Vasquez Sura were raising three kids, including their 5-year-old son, who has autism, is deaf in one ear and unable to verbally communicate, according to the complaint filed against the Trump administration. They’re also raising a 9-year-old with autism and a 10-year-old with epilepsy.
Posted on 4/14/25 at 5:31 pm to TBoy
quote:
A unanimous Supreme Court creates a legal duty.
Even AI knows you’re a dramatic fig.
The statement “A unanimous Supreme Court creates a legal duty” is not accurate as written and reflects a misunderstanding of what the Supreme Court does and how legal duties are created.
Here’s a breakdown:
?
1. What the Supreme Court Actually Does
The Supreme Court interprets and applies the law—it does not create legal duties in the way that legislatures or regulatory bodies do. When the Court issues an opinion—unanimous or not—it is:
• Resolving a legal dispute.
• Clarifying what the law means (constitutional, statutory, or common law).
• Setting binding precedent for lower courts (under the doctrine of stare decisis).
2. Does a Unanimous Decision Change That?
No. A unanimous decision (9-0) may carry more persuasive authority because all justices agree, suggesting a clear interpretation of the law. However, the binding nature of a Supreme Court decision does not depend on unanimity. A 5-4 decision is just as binding as a 9-0 decision.
3. Who Creates Legal Duties?
• Legislatures (Congress, state legislatures) create legal duties by passing laws.
• Agencies can impose duties through regulations, if authorized by statute.
• Courts interpret those laws and clarify their scope—but they generally don’t create new legal duties from scratch, especially in the constitutional context.
Posted on 4/14/25 at 5:43 pm to IvoryBillMatt
Cry me a fricking river.. he is an illegal that was ordered to be deported. He never attempted to argue your point himself, why are you???
He's gone and isn't coming back. Maybe he'll reunite with some his old gang buddies in prison.
He's gone and isn't coming back. Maybe he'll reunite with some his old gang buddies in prison.
Posted on 4/14/25 at 6:07 pm to lake chuck fan
quote:
Cry me a fricking river.. he is an illegal that was ordered to be deported. He never attempted to argue your point himself, why are you???
I don't care about Abrego Garcia. He was here illegally. I care about adherence to the law. The Administration was aware he couldn't be deported to El Salvador legally. They could have cured that by desolving the Hold.
Abrego Garcia DID argue that his deportation to El Salvador was illegal. The government admitted it. The Supreme Court agreed that the deportation was illegal.
As a practical matter, the illegality of the deportation won't matter because the Government was able to remove Abrego Garcia from the United States before legal action to stop the admittedly illegal deportation began.
Posted on 4/14/25 at 6:35 pm to IvoryBillMatt
That is the sort of "wink and a nod" aspect of the legal case. El Salvador presumably has no reason to incarcerate him apart from him beong labeled a terrorist by the US. We cut a deal with el Salvador to take these guys. The assumption (maybe it is a known fact) is that we gave el salvador a benefit for doing this and therefore have "control" over those in custody.
Regardless, a US Court has no power to "effectuate" his return and SCOTUS is clearly aware of that.
Regardless, a US Court has no power to "effectuate" his return and SCOTUS is clearly aware of that.
Posted on 4/14/25 at 6:39 pm to lake chuck fan
quote:
Once again..... Stephen Miller explains.
That might fool you, but the sworn affidavit of the ICE Agent in charge proves otherwise. Miller's right that the Court won't be able to compel Abrego-Garcia's return (which is good), but the deportation to El Salvador was illegal and, according to the Government, a mistake.
Pay close attention to this phrase filed on 3/31/25: "PROHIBITED his removal to El Salvador."
Posted on 4/14/25 at 6:45 pm to IvoryBillMatt
quote:
I care about adherence to the law.
Youre full of shite
Much like the metaphor of the fruit of the poisonous tree, you dont get to choose where on the long line of criminality in this guys case you get to point your finger and say "this is where I want to apply adherence to the law"
He committed a crime when he entered our country, and everything from that point on is subject to enforcement of that illegality. So grandstanding about adherence to the law, doesnt allow his abuse of our legal system to protect his unearned rights
The Supremes voted unanimously that the lower court has no business telling the exec how to act. I cant help it if the idiots on the left didmnt realize what they were actually voting for
quote:
The intended scope of the term “effectuate” in the District Court’s order is, however, unclear, and may exceed the District Court’s authority.
Posted on 4/14/25 at 6:48 pm to JimEverett
quote:
Regardless, a US Court has no power to "effectuate" his return and SCOTUS is clearly aware of that.
I agree with your analysis. I'm probably on the spectrum for getting my panties in a twist over the wink and a nod aspect.
As per the spectrum part, I read the pleadings. Abrego-Garcia's lawyers concede the difficulty of crafting a remedy for the illegal deportation. One of the proposed solutions is for the Court to order the USA not to pay El Salvador for the incarceration of Abrego-Garcia.
I respect Bukele. He has done great things for his country and ours. I suspect he would house Abrego-Garcia for free.
Posted on 4/14/25 at 6:51 pm to IvoryBillMatt
Is it known that we pay el Salvador?
I think it is obvious we do. But is it known in tge sense that the government has admitted it.
I dont think they have. And i also think they are going to fight like hell not to give out that info.
Unless they do or are forced to do so, there is no remedy going that route.
I think it is obvious we do. But is it known in tge sense that the government has admitted it.
I dont think they have. And i also think they are going to fight like hell not to give out that info.
Unless they do or are forced to do so, there is no remedy going that route.
Posted on 4/14/25 at 7:00 pm to RobbBobb
quote:
Youre full of shite
I'm not responsible for your ignorance. The Supreme Court held unanimously that the deportation of Abrego-Garcia to El Salvador was ILLEGAL.
The Administration could have chosen to deport him LEGALLY by moving to dissolve the hold order. That didn't happen.
I get that you think the ends justifies the means, but I disagree. When it comes to incarcerating people, governmental abuse is just abhorrent to me with illegal aliens as it was in persecuting J6 political prisoners.
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