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re: Trump administration contends it has no duty to return illegally deported man to US

Posted on 4/15/25 at 9:23 am to
Posted by dickkellog
little rock
Member since Dec 2024
1771 posts
Posted on 4/15/25 at 9:23 am to
as you posted a half a million times on SECRANT, don't think so, you're a lawyer in the same way jethro bodine was a double naught spy.
Posted by jawnybnsc
Greer, SC
Member since Dec 2016
5874 posts
Posted on 4/15/25 at 9:23 am to
When you read something, you don't just get to pluck out the parts that you think bolster your argument. Read the entire document. Or, if you are too lazy to go find it in its entirety, it's posted for you just above.
Posted by jawnybnsc
Greer, SC
Member since Dec 2016
5874 posts
Posted on 4/15/25 at 9:24 am to
I don't claim anything. It's stated in the next sentence.
Posted by momentoftruth87
Your mom
Member since Oct 2013
86110 posts
Posted on 4/15/25 at 9:24 am to
He got processed under a different title iirc. Again he’s never been a citizen and has no right to be here. His country is not going to and can’t release him anyways. Do more research instead of whining about stupid shite on here for an illegal.
Posted by JimEverett
Member since May 2020
1881 posts
Posted on 4/15/25 at 9:32 am to
quote:


I don't claim anything. It's stated in the next sentence.



Ok.

It seems a weird argument to say - "it was an administrative error to deport Garcia to El Salvador" and then in the next breath to say, "he was legally eligible to be deported to El Salvador."

I get your/their point, though - and understand it. The government should drop the whole - "he was deported in error aspect of this." It is making their case weaker in the public eye. Which I guess is what Miller is trying to do. But when you are filing court docs saying the Admin made an error it creates doubt.
This post was edited on 4/15/25 at 9:34 am
Posted by Decatur
Member since Mar 2007
31508 posts
Posted on 4/15/25 at 9:32 am to
quote:

Read the next clause in that sentence and then read the next sentence.


I’m familiar with the admin’s arguments. Doesn’t change that they admitted that the removal was in error.
Posted by jawnybnsc
Greer, SC
Member since Dec 2016
5874 posts
Posted on 4/15/25 at 9:35 am to
And then in the very next sentence state that said admission is moot. Again . . . that's exactly what Miller said. It was a dumb thing for the Solicitor to say.
Posted by jawnybnsc
Greer, SC
Member since Dec 2016
5874 posts
Posted on 4/15/25 at 9:37 am to
Just read the next sentence yourself. If you don't understand the plain language and the plain statements that were made yesterday, come back and I'll see what I can do to explain it to you.
Posted by Gus007
TN
Member since Jul 2018
13994 posts
Posted on 4/15/25 at 9:42 am to
quote:

A unanimous Supreme Court creates a legal duty.


The Supreme Court is just 1/3 of the puzzle.


Can they order the executive branch to forcefully remove an El Salvadorian citizen prisoner and bring him to the USA.
You are exposing yourself as an ignorant blowhard.
Posted by JimEverett
Member since May 2020
1881 posts
Posted on 4/15/25 at 9:46 am to
quote:


And then in the very next sentence state that said admission is moot. Again . . . that's exactly what Miller said. It was a dumb thing for the Solicitor to say.


It does seem a dumb thing to say. The Administration seems to be on firm footing with the AEA. And in this particular case Garcia was already adjudicated to be a member of the gang subject to deportation in Trump's AEA Proclamation.

That is a strong, and I think, air-tight argument.

This "administrative mistake" crap needs to be put away.
Posted by IvoryBillMatt
Member since Mar 2020
7668 posts
Posted on 4/15/25 at 10:36 am to
quote:

And in this particular case Garcia was already adjudicated to be a member of the gang subject to deportation in Trump's AEA Proclamation.


Almost all of us agree that Abrego-Garcia should have been deported, and that US courts don’t have the power to compel El Salvador to return him to the United States. So, this is mostly an academic argument.

I don't understand why the Trump immigration people didn't deport him in 2019. After all, NONE of the evidence of his gang affiliation is from after 2019.

They could have either appealed the hold that prohibited his deportation to El Salvador OR could have arranged deportation to some country other than El Salvador.

I think we have just about beat this horse to death, but I don't understand how the BASIS for Abrego-Garcia's deportation removes the 2019 order that barred his deportation to El Salvador.

Again, the ICE Field Director's affidavit---filed after Trump’s invocation of AEA---shows that the hold order was still operative.

I listened to Bondi and Miller and don't see how the order to not deport Abrego-Garcia to El Salvador was somehow rendered moot. What am I missing? ICE's sworn position as of two weeks ago is that the 2019 order legally prohibited deportation to El Salvador: "This grant of protection PROHIBITED his removal to El Salvador."

Again, not that important in the grand scheme of things.

Thanks for any assistance.


Posted by Csmims
A sandy beach in paradise
Member since Jan 2019
3109 posts
Posted on 4/15/25 at 10:47 am to
I don’t think the Supreme Court can tell a foreign nation what to do with their own criminal element
Posted by JimEverett
Member since May 2020
1881 posts
Posted on 4/15/25 at 11:17 am to
quote:

I listened to Bondi and Miller and don't see how the order to not deport Abrego-Garcia to El Salvador was somehow rendered moot. What am I missing? ICE's sworn position as of two weeks ago is that the 2019 order legally prohibited deportation to El Salvador: "This grant of protection PROHIBITED his removal to El Salvador."


That is what I was thinking as well, but jawnybnsc pointed out that in the SG's filing the government is using Trump's AEA Proclamation where he named MS-13 members as alien enemies/terrorists makes the Order prohibiting deportation to El Salvador moot.

That is a strong argument, but it makes the continued statement "deportation was an administrative mistake" seem bizarre.
Posted by IvoryBillMatt
Member since Mar 2020
7668 posts
Posted on 4/15/25 at 11:58 am to
quote:

That is a strong argument, but it makes the continued statement "deportation was an administrative mistake" seem bizarre.


Thanks. I took the time to read the SG's filings.

Regardless of what Miller or any of us think about the strength of that argument, not a single judge or justice in the entire chain bought it...and that included review by some very conservative jurists.

Not one judge or justice found that the deportation to El Salvador was legal...under ANY law.

As admitted, my obsession with accuracy probably puts me on the spectrum. I can let this one go knowing that I didn't miss anything.

Thanks



This post was edited on 4/15/25 at 12:05 pm
Posted by Tchefuncte Tiger
Bat'n Rudge
Member since Oct 2004
62444 posts
Posted on 4/15/25 at 12:30 pm to
quote:

return of a Maryland man


quote:

return of an El Salvadoran man living illegally in Maryland.


Fixed
Posted by Decatur
Member since Mar 2007
31508 posts
Posted on 4/15/25 at 3:42 pm to
Looking like the admin affiants will have to sit for depos over the next week.
Posted by IvoryBillMatt
Member since Mar 2020
7668 posts
Posted on 4/15/25 at 3:44 pm to
quote:

Looking like the admin affiants will have to sit for depos over the next week.


What questions would you want asked?
Posted by CR4090
Member since Apr 2023
8016 posts
Posted on 4/15/25 at 3:48 pm to
Loading Twitter/X Embed...
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Yes. Please go to El Salvador and see how they treat you.
Posted by laxtonto
Member since Mar 2011
2694 posts
Posted on 4/15/25 at 4:02 pm to
It was rendered moot when El Salvador eradicated the gang that was supposedly threatening them for "pupusa" protection money.

El Salvador stated that they have been wiped out several years back and as such, the restriction no longer exists to prevent his removal.

And that restriction was put in place prior to MS13 being designated a terrorist organization, and as such the terror designation would supersede the asylum request.

He went from being a "normal" asylum seeker to in essence, a "terrorist" with the designation. At that point he is no longer viable as someone requesting asylum and there are no hardship limitations to his expulsion/deportation.

The "paperwork" error is that he was not deported sooner, and his status was not updated before being put on the plane, not that he shouldn't have ever been removed.
Posted by Megasaurus
Member since Dec 2017
1316 posts
Posted on 4/15/25 at 4:13 pm to
Senator Chris Van Hollen (D-MD) says he'll travel to El Salvador to fight for Kilmar Abrego Garcia's if he’s not back in the U.S. by midweek:

"If Kilmar is not home by midweek— I plan to travel to El Salvador this week to check on his condition and discuss his release”


hope Bukele locks his arse up
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