again. my point, abrego-garcia received due process... in two courts... he was ruled a gang member and ordered to be deported from the us a long time ago. despite that order a-g continued living in the us working for and 'obviously' aiding who we now know was a human-trafficker. abrego-garcia was not a poor innocent, hard-working, law-abiding, loving maryland daddy.
it makes no sense that abrego-garcia needs more due process.
jmo
Much more detail at the link. Well worth reading.
The Supreme Court ruled on the evening of April 10 that the Trump administration must comply with a lower court's order to "facilitate" the release from custody of Kilmar Armando Abrego Garcia, an immigrant who was deported without a hearing to a mega prison in El Salvador. The case underscores...
www.factcheck.org
It’s true that Abrego Garcia received due process after being apprehended in 2019 — ultimately getting a judgment of withholding from removal — but he was not given due process before being removed from the country in March.
“The government could have presented its evidence before an immigration judge, the federal district court in Maryland, or in criminal proceedings as it has done in prosecuting cases of
other alleged MS-13 members,” foreign affairs expert
Tom Joscelyn and law professor
Ryan Goodman recently
explained in the online publication Just Security.
<snip>
Bondi overstated the findings from the bond hearing when she
said in the Oval Office meeting, “In 2019, two courts — an immigration court and an appellate immigration court — ruled that he was a member of MS-13.”
The courts didn’t “rule” on the issue; rather, they said that the report relied upon by DHS was inconsistent but “appears to be trustworthy” enough to deny bond.
A different immigration judge handled Abrego Garcia’s asylum claim.
That judge didn’t rule on the issue of whether or not the government had proved Abrego Garcia was a member of MS-13, but the judge reviewed all the evidence presented in the case and found that Abrego Garcia “provided credible responses to the questions asked” and that his testimony was “consistent with his asylum application and other documents.” The judge didn’t grant asylum because Abrego Garcia had filed his application seven years after entering the U.S., “well-beyond the one-year filing deadline.”
However, the judge did grant him “withholding of removal,” which is a form of relief for migrants who fear persecution, as
explained by the U.S. Citizenship and Immigration Services.
Such a ruling prevents deportation to a person’s home country and allows that person the right to remain in the U.S. and work legally, but according to the
American Immigration Council, “
the government is still allowed to deport that person to a different country if the other country agrees to accept them.” It does not allow a path to permanent residence or citizenship in the U.S.
The judge found that Abrego Garcia had “suffered past persecution as he was threatened with death on more than one occasion” and that “the facts here show that the Barrio 18 gang continues to threaten and harass the Abrego family over these several years, and does so even though the family has moved three times.”
The judge ruled that he could not be sent back to a country where he would be likely to suffer persecution.
The government did not appeal that ruling, and Abrego Garcia has been living and working in Maryland ever since.
BBM
