Judge orders Maryland man mistakenly deported released from Salvadoran prison

[mystery-ak]

 Judge orders Maryland man mistakenly deported released from Salvadoran prison
by Rebecca Beitsch - 04/04/25 3:30 PM ET

A federal judge on Friday ordered the Trump administration to return to the U.S. a Maryland man they mistakenly deported to a prison in El Salvador.

Kilmar Abrego Garcia, a Salvadoran national who resides in Maryland, was protected from removal by a judge in 2019.

The Trump administration admitted in court filings earlier this week that it sent him to El Salvdor’s Terrorism Confinement Center, also known as CECOT, due to an “administrative error.”

Abgrego Garcia’s wife, a U.S. citizen, filed the suit that led to Friday’s decision. He’s the only one of the more than 200 men sent to the prison who has been ordered to be returned to the United States.

The order raises questions about what steps the Trump administration might take to secure his return, having previously said the case raises “difficult questions.”

“The United States does not have custody over Abrego Garcia. They acknowledge that there may be ‘difficult questions of redressability’ in this case, reflecting their recognition that Defendants do not have ‘the power to produce’ Abrego Garcia from CECOT in El Salvador,” the Justice Department wrote earlier this week.

“The most they ask for is a court order that the United States entreat—or even cajole—a close ally in its fight against transnational cartels.”

more
https://thehill.com/homenews/administration/5232943-trump-administration-mistakenly-deports/

[Fishrrman]

Good luck on getting this guy back...

[Kamaji]

This is what due process is for (in part), to forestall miscarriage of justice.  Congratulations Trumpistas, you sent a man to his death without cause.

[Wingnut]

This is what due process is for (in part), to forestall miscarriage of justice.  Congratulations Trumpistas, you sent a man to his death without cause.

Something is wrong with you.  You ain't wired right.

[Hoodat]

This is what due process is for (in part), to forestall miscarriage of justice.  Congratulations Trumpistas, you sent a man to his death without cause.

Garcia was not a US citizen.  He did not have legal standing to remain in the US.  He was subject to a deportation order issued over five years ago.  That is what is known as "due process".

[Hoodat]

Good luck on getting this guy back...

We have zero obligation to get him back into the US.  Maybe we can persuade El Salvador to ship him off to Colombia or Venezuela.  But returned to the US?  Not a chance.

[Kamaji]

Garcia was not a US citizen.  He did not have legal standing to remain in the US.  He was subject to a deportation order issued over five years ago.  That is what is known as "due process".

(a) being a U.S. citizen isn't a requirement for due process, and (b) he did have legal standing to remain the U.S., which is why the Trump regime has admitted that sending him to Salvador was a mistake.

[Hoodat]

(b) he did have legal standing to remain the U.S., which is why the Trump regime has admitted that sending him to Salvador was a mistake.

Uh, no.  Garcia entered the US illegally in 2011.  Illegal entry bars one from "legal standing".  And any asylum claim must be made within 12 months of entry.  He missed that deadline by six years.  There's your "due process".  The law is very clear on this.

-  Entered country illegally.
-  Failed to apply for asylum within the legal window.

Result - Deportation.

Personally, I think they should have prosecuted him first.  Then convicted him.  Then sentence him to six months in federal prison.  Then deport him.  The Trump Administration did him a favor by not prosecuting him.

[Hoodat]

(b) he did have legal standing to remain the U.S., which is why the Trump regime has admitted that sending him to Salvador was a mistake.

btw, this is a non-sequitur.  The "mistake" that the feds admitted to had absolutely NOTHING to do with any standing to remain in the US.  The 'mistake' was in reference to the deportation destination only.

[Kamaji]

Uh, no.  Garcia entered the US illegally in 2011.  Illegal entry bars one from "legal standing".  And any asylum claim must be made within 12 months of entry.  He missed that deadline by six years.  There's your "due process".  The law is very clear on this.

-  Entered country illegally.
-  Failed to apply for asylum within the legal window.

Result - Deportation.

Personally, I think they should have prosecuted him first.  Then convicted him.  Then sentence him to six months in federal prison.  Then deport him.  The Trump Administration did him a favor by not prosecuting him.

He had an outstanding order of nonremoval.  The Trump regime violated that order.

[catfish1957]

He must of failed the "jurisdictional" section in his 1L basic law class.

The Legal profession has to be laughing their ass at him right now.

[Hoodat]

He had an outstanding order of nonremoval.  The Trump regime violated that order.

Your statement is not correct.  Again:


The Real Story of the Maryland Father Deported to El Salvador By Mistake

Dan Gooding  |  Apr 03, 2025 at 11:22 AM EDT

.  .  .  In 2019 during an immigration hearing, a judge issued a removal order, but added a clause preventing Abrego Garcia's removal to El Salvador because there was enough evidence he could be persecuted if returned home.

That order appeared to have been missed by Immigration and Customs Enforcement (ICE) a few weeks ago, when the Salvadoran national was put on a plane to his home country destined for its notorious CECOT prison, separating him from his U.S. citizen wife and disabled son, according to court filings.

"The government could have chosen to remove Mr. Abrego Garcia to any other country on earth, but did not," his attorneys wrote in a court filing Friday.  .  .

https://www.newsweek.com/kilmar-armando-abrego-garcia-deported-el-salvador-maryland-father-ms13-2054507


Again, the mistake was not that he was deported.  The mistake was that he was deported to El Salvador.  He was in the country illegally.  He missed the asylum deadline by six years.  And he was under a deportation order.  That is what is known as "due process".

[catfish1957]

Something is wrong with you.  You ain't wired right.

I look at it this way....

Oopsy.....  my bad.    And I hope every single perspective border crosser sees it, and thinks it might happen to them.  This could be a great example of the laws of unintended consequences.   Illegal is illegal, in every sense of he word.  And some might not be too lucky at it

[Sighlass]

What is the crap that illegals have to break other laws to be deported. The law they broke was entering illegally (or over staying visas)... 20 million need deporting. Anchor babies and all....

[Smokin Joe]

What is the crap that illegals have to break other laws to be deported. The law they broke was entering illegally (or over staying visas)... 20 million need deporting. Anchor babies and all....

Yep!

[IsailedawayfromFR]

What is the crap that illegals have to break other laws to be deported. The law they broke was entering illegally (or over staying visas)... 20 million need deporting. Anchor babies and all....

In a lot of countries, that crime would result in being shot dead.

This guy is lucky

[rangerrebew]

BREAKING: Obama Judge Orders Trump Admin to Return Alleged MS-13 Gang Member to the US After He Was Deported to El Salvador’s Notorious CECOT Prison

by Cristina Laila Apr. 4, 2025 3:20 pm
 

A federal judge on Friday ordered the Trump Administration to return an alleged MS-13 gang member to the United States after he was deported to El Salvador’s notorious CECOT prison.

US District Judge of the US District Court for the District of Maryland, Paula Xinis, an Obama appointee, ordered the Salvadoran gang member to be returned by Monday at midnight.

“This was an illegal act,” Judge Paula Xinis told a Justice Department lawyer, according to Politico. “Congress said you can’t do it, and you did it anyway.”

Last week the fake news media reported that the Trump Administration deported a ‘Maryland father’ with protected legal status to El Salvador’s CECOT prison.

According to the White House, the deported Salvadoran man, Kilmar Abrego Garcia, was a member of the MS-13 gang, a designated terrorist organization. He was also involved in human trafficking.

https://www.alipac.us/f12/breaking-obama-judge-orders-trump-admin-return-alleged-ms-13-gang-member-u-428513/

[IsailedawayfromFR]

Just say no, Mr. President.

Americans will support you.

[Fishrrman]

Agree with ISailed above.

Just say no.

Let it go to the Supreme Court if necessary, but until then, stand firm. The guy stays where he is.

[MeganC]

Just say no, Mr. President.

Americans will support you.

This. The judge has ZERO right to order someone to be imported into this country.

[Kamaji]

This. The judge has ZERO right to order someone to be imported into this country.

[MeganC]

I guess we'll see if the USSC agrees with me or not.

[Kamaji]

I guess we'll see if the USSC agrees with me or not.

I guess we will.  But you might also try to not mischaracterize the facts.  The government has already admitted that they made a mistake deporting this guy because he had a pre-existing no-removal order in place.  The Trump regime is just complaining that they can't fix their own mistake.

[Mod5]

Topics merged.

[MeganC]

I guess we will.  But you might also try to not mischaracterize the facts.  The government has already admitted that they made a mistake deporting this guy because he had a pre-existing no-removal order in place.  The Trump regime is just complaining that they can't fix their own mistake.

Sorry, but a no-removal order on an illegal should be prima facie invalid.