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re: Stephen Miller demolishes Fox news "misinformation " about Kilmar Garcia

Posted on 4/14/25 at 12:59 pm to
Posted by dgnx6
Member since Feb 2006
86407 posts
Posted on 4/14/25 at 12:59 pm to
quote:

I do like the rule of law being followed



Yeah I like them following the law when entering the country and then following laws as a guest in our country.

Posted by IvoryBillMatt
Member since Mar 2020
9215 posts
Posted on 4/14/25 at 1:00 pm to
quote:

There are procedures to take if the government wants to revoke his Withholding of Removal status that they did not take. That is the issue, at least for me. Can care less if he is removed ultimately, especially if he is actually an MS-13 member, but follow the law and due process requirements we have codified or change the law.


Thanks for clarifying the timeline. I agree with you...
Follow the law, remove illegal- win, win.

Instead we have REMOVE the illegal!!! Then insult everyone that points out the one place our legal system said he can't be removed to is El Salvador.
This post was edited on 4/14/25 at 2:44 pm
Posted by the808bass
The Lou
Member since Oct 2012
125759 posts
Posted on 4/14/25 at 1:00 pm to
quote:

I do like the rule of law being followed though which didn't happen here.


Do you think the lofty concept of the Rule of Law is defined by a jackass judge who made a dumbass ruling that didn’t make sense?
Posted by Ace Midnight
Between sanity and madness
Member since Dec 2006
94839 posts
Posted on 4/14/25 at 1:02 pm to
quote:

This could be true, but the burden is on the government to find a safe third country to remove him to, which they didn't.


Why?
Posted by Willie Stroker
Member since Sep 2008
15775 posts
Posted on 4/14/25 at 1:03 pm to
quote:

Thanks for your patience. The Trump-employed Immigration Judge was aware that Garcia was a member of a terrorist organization and STILL issued the Holding Order?

No. The judge issued the order before the designation of a terrorist organization, which happened in February 2025.

If the designation had been in place at the time, there would be no basis for the holding order. If Kilmar is brought back, an immigration judge would vacate the order because it is no longer valid. Kilmar would then be returned to El Salvador.
This post was edited on 4/14/25 at 1:05 pm
Posted by Morpheus
In your Dreams
Member since Apr 2022
7288 posts
Posted on 4/14/25 at 1:12 pm to
Where was he wrong in anything he just said?

You people fighting and arguing to keep criminals and illegals here are just about as pathetic as it gets.
Same category as the white guilt folks.
Posted by KiwiHead
Auckland, NZ
Member since Jul 2014
36081 posts
Posted on 4/14/25 at 1:13 pm to
He can't? He's already attempted it and browbeat Zelensky as well as tried it with Canada and Mexico and our trading partners. I'm sure he could "ask" Bukele.

Fukker has a court order to back him up on the US end. Bukele could facilitate if Trump or Stephen Miller wants him to facilitate.. we could always threaten to not buy any t shirts from him.

Posted by lionward2014
New Orleans
Member since Jul 2015
13556 posts
Posted on 4/14/25 at 1:13 pm to
quote:

the one place our legal system said he can be removed to is El Salvador.


That is why Withholding of Removal is confusing, because you are technically right but also technically wrong. The court did find him removable to El Salvador but then withheld him being removed there. Can look up 8 CFR 208.16 to find the Withholding of Removal regulation generally.

So essentially in 2019 an IJ said he CAN be removed BUT he WON'T be removed becuase he demonstrated that: "his or her life or freedom would be threatened in the proposed country of removal on account of race, religion, nationality, membership in a particular social group, or political opinion" (8 CFR 208.16(b)).
Posted by IvoryBillMatt
Member since Mar 2020
9215 posts
Posted on 4/14/25 at 1:16 pm to
quote:

No. The judge issued the order before the designation of a terrorist organization, which happened in February 2025.


This is what I don't understand: why not just move to dissolve the order?
Posted by lionward2014
New Orleans
Member since Jul 2015
13556 posts
Posted on 4/14/25 at 1:16 pm to
quote:

Do you think the lofty concept of the Rule of Law is defined by a jackass judge who made a dumbass ruling that didn’t make sense?


No, I'm glad SCOTUS struck the district judge down, and hope they keep doing it repeatedly.

I voted for Trump 3 times precisely for the stuff these activist leftist judges are melting down about. I just think the administration was wrong here, but doesn't make the judge right either.
Posted by BTROleMisser
Murica'
Member since Nov 2017
10048 posts
Posted on 4/14/25 at 1:21 pm to
Muh no due process! Muh Trump admin just pulling normal law abiding citizens off the street and deporting them! REEEEEEE!!!!
Posted by lionward2014
New Orleans
Member since Jul 2015
13556 posts
Posted on 4/14/25 at 1:24 pm to
quote:

This could be true, but the burden is on the government to find a safe third country to remove him to, which they didn't.


Why?


Because he demonstrated that he qualified for Withholding of Removal from El Salvador, and our laws as written afforded him the privlege of not being removed to El Salvador due to meeting the legal requirements for that grant. The same laws also allow the US to remove him to a third country where his life wouldn't be threatened. That's the legal basis for moving Venezuelans to El Salvador. It isn't his burden to prove the third country, it's on DHS. If Mexico said they would accept him, DHS could have dropped him off in Michoacan and there was nothing he could have done about it absent showing he would be persecuted in Mexico.
Posted by Louisianalabguy
Member since Jul 2017
1687 posts
Posted on 4/14/25 at 1:29 pm to
BOOM MAGA, MAGA, MAGA BOOM!
Posted by lionward2014
New Orleans
Member since Jul 2015
13556 posts
Posted on 4/14/25 at 1:29 pm to
quote:

If Kilmar is brought back, an immigration judge would vacate the order because it is no longer valid. Kilmar would then be returned to El Salvador.


Also good luck winning his case again given the changed country conditions in El Salvador, especially if he is now foreclosed from regular Withholding of Removal and is trying to demonstrate Withholding or Deferral under the Convention Against Torture.
Posted by Decatur
Member since Mar 2007
31833 posts
Posted on 4/14/25 at 1:36 pm to
quote:

I've seen folks here say this guy was "mistakenly" deported to El Salvador. Nothing is farther from the truth. Stephen Miller sets the record straight.


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Posted by Willie Stroker
Member since Sep 2008
15775 posts
Posted on 4/14/25 at 1:56 pm to
I don’t think your post debunks Miller.

It seems more like a timeline issue.

Miller claims a DOJ attorney incorrectly and falsely entered false information that was the basis for the initial claim of the deportation being in error. That attorney he claims, has now been relieved of duty.

The initial filings were believed to be true. Now that the agency has been able to investigate the claim, they determined it was not true.
Posted by KiwiHead
Auckland, NZ
Member since Jul 2014
36081 posts
Posted on 4/14/25 at 1:59 pm to
Naaah. But unlike Trump and Miller , I respect court orders. If this guy is MS 13 then prove it , don't just say it. It matters what you can prove and how things are done....which is a novel concept to Trumpkins.
Posted by IvoryBillMatt
Member since Mar 2020
9215 posts
Posted on 4/14/25 at 2:02 pm to
quote:

So essentially in 2019 an IJ said he CAN be removed BUT he WON'T be removed becuase he demonstrated that: "his or her life or freedom would be threatened in the proposed country of removal on account of race, religion, nationality, membership in a particular social group, or political opinion" (8 CFR 208.16(b)).


Thanks for your time and patience. If I can impose on your knowledge...are third country deportations a new thing?
Posted by cajunandy
New Orleans
Member since Nov 2015
869 posts
Posted on 4/14/25 at 2:08 pm to
quote:

SCOTUS said that the administration should facilitate his return

That is not what the SCOTUS said. The TRO required his return by Monday April7. SCOTUS stayed that order until after the deadline, effective nullifying the order. The SCOTUS then order that the US help "facilitate his release from custody and for the District Court to explain what it meant by "effectuate"
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. The District Court should clarify its directive, with due regard for the deference owed to the Executive Branch in the conduct of foreign affairs.


SCOTUS Noem v Garcia
Posted by HeadSlash
TEAM LIVE BADASS - St. GEORGE
Member since Aug 2006
55053 posts
Posted on 4/14/25 at 2:09 pm to
Miller is awesome
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