Habeas Corpus

[Gelston]

How do we know all of this again? Because their lawyers said so?

Because ClydeR wishes it so.

[ClydeR]

Nobody is going to take the fall for shit.

https://www.youtube.com/watch?v=N4y52JRDsc0

[ClydeR]

Oopsie indeed. This is why the Constitution requires that every person detained must be brought before a judge for an independent determination, except in cases of suspension of Habeas Corpus during wartime.

The Trump administration acknowledged in a court filing Monday that it had grabbed a Maryland father with protected legal status and mistakenly deported him to El Salvador, but said that U.S. courts lack jurisdiction to order his return from the megaprison where he's now locked up.

The case appears to be the first time the Trump administration has admitted to errors when it sent three planeloads of Salvadoran and Venezuelan deportees to El Salvador's grim "Terrorism Confinement Center" on March 15. Attorneys for several Venezuelan deportees have said that the Trump administration falsely labeled their clients as gang members because of their tattoos. Trump officials have disputed those claims.

But in Monday's court filing, attorneys for the government admitted that the Salvadoran man, Kilmar Abrego Garcia, had been deported accidentally. "Although ICE was aware of his protection from removal to El Salvador, Abrego Garcia was removed to El Salvador because of an administrative error," the government told the court. Trump lawyers said the court has no ability to bring Abrego Garcia back now that he is in Salvadoran custody.

More...

On March 12, Abrego Garcia had picked up his son after work from the boy's grandmother's house when ICE officers stopped the car, saying his protected status had changed. Officers waited for Abrego Garcia's wife to come to the scene and take care of the boy, then drove him away in handcuffs. Within two days, he had been transferred to an ICE staging facility in Texas, along with other detainees the government was preparing to send to El Salvador. Trump had invoked the Alien Enemies Act of 1798, and the government planned to deport two planeloads of Venezuelans along with a separate group of Salvadorans.

Abrego Garcia's family has had no contact with him since he was sent to the megaprison in El Salvador, known as CECOT. His wife spotted her husband in news photographs released by Salvadoran President Nayib Bukele on the morning of March 16, after a U.S. district judge had told the Trump administration to halt the flights.

“Oopsie,” Bukele wrote on social media, taunting the judge.

[Suppressed Poet]

Oopsie indeed. This is why the Constitution requires that every person detained must be brought before a judge for an independent determination, except in cases of suspension of Habeas Corpus during wartime.

The court lacks jurisdiction. The prior convicted MS13 gang member you are trying to paint as a victim was deported under title 8 & presently in the custody of El Salvador. In other words, that judge can’t do shit about it & good riddance to that thug.

[ClydeR]

The court lacks jurisdiction.

Probably so. He's no longer in the U.S., because Trump unconstitutionally deported him without first bringing him before a judge to double check that the deportation was proper.

"This Court lacks jurisdiction because Abrego Garcia is not in United States custody. Plaintiff's claims fall within the historical “core” of the writ of habeas corpus. Because Plaintiff's claims sound in habeas, they can proceed only in habeas," the DOJ wrote in a March 31 defense motion. "But because Plaintiffs concede that Abrego-Garcia is not in United States custody, this Court cannot hear those claims. It precludes judicial review of any challenge to the decision or action by DHS to execute removal orders which includes challenges to DHS’s ‘legal authority to do so.”

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The prior convicted MS13 gang member you are trying to paint as a victim was deported under title 8 & presently in the custody of El Salvador. In other words, that judge can’t do shit about it & good riddance to that thug.

I'm not sure that's true. The Vice President says he was convicted. But his lawyer says that he has never been convicted of any crime. Who is more trustworthy, J.D. Vance or an unknown criminal defense lawyer?

Vice President JD Vance weighed into the case and falsely said on X Tuesday that Garcia was a "convicted MS-13 gang member." Garcia has no criminal convictions in the U.S. or in El Salvador, his legal team said in the lawsuit.

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[Suppa Hobbit Mage]

Best april fools joke ever.

[Parkbandit]

Oopsie indeed. This is why the Constitution requires that every person detained must be brought before a judge for an independent determination, except in cases of suspension of Habeas Corpus during wartime.

Look at the way the author of the Atlantic framed the narrative. "Grabbed a Maryland Father" "Picked up his son after work from the boy's grandmother's house"

What an upstanding citizen he was! Trump is super meanie head!!

Truth is: Mr. Garcia was a top member of M-13 gang and had a history with human trafficking. He illegally entered our country in 2011 and got a judge to grant him a temporary protective order in 2019.

[Back]

Look at the way the author of the Atlantic framed the narrative. "Grabbed a Maryland Father" "Picked up his son after work from the boy's grandmother's house"

What an upstanding citizen he was! Trump is super meanie head!!

Truth is: Mr. Garcia was a top member of M-13 gang and had a history with human trafficking. He illegally entered our country in 2011 and got a judge to grant him a temporary protective order in 2019.

Source?

The Trump administration has admitted that this was a mistake. What about that do you not understand?

[Suppa Hobbit Mage]

Source?

It's a matter of public record, learn to google.

In 2019, during Kilmar Armando Abrego Garcia's bond hearing, an immigration judge determined that he posed a danger to the community, citing alleged MS-13 gang affiliation. This finding was based on local police assertions and a confidential informant's claim that he was a member of MS-13's "Westerns clique" in Long Island, New York, despite him never having lived there. Consequently, bond was denied. The Board of Immigration Appeals upheld this decision, affirming the judge's determination of dangerousness.


Subsequently, Abrego Garcia applied for asylum. While the immigration judge denied his asylum request, he was granted protection from deportation to El Salvador, acknowledging the credible threats he would face if returned. The Department of Homeland Security did not appeal this protection order.


It's important to note that the initial finding of dangerousness related to alleged gang affiliation remained part of his immigration record. Abrego Garcia did not pursue further legal action to overturn this specific finding. His legal team has consistently contested the gang affiliation allegations, asserting that he has never been a member of MS-13 and emphasizing his clean criminal record.

[Suppa Hobbit Mage]

Source?

The Trump administration has admitted that this was a mistake. What about that do you not understand?

You should white knight this and go down to El Salvador and get him released, then let him live with you so you can prove how much you care about the immigrant community.