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.

[Hoodat]

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.

A lie.  Not just a lie, but a lie you've repeated even after learning it was a lie.  The only mistake the government admitted was the destination of the importation.  At no point did they say it was a mistake to deport him.  Even his own lawyer failed to make that claim.  Garcia did not have a no-removal order in place.  He has been under a deportation order since 2019.  The order states only that he couldn't be deported to El Salvador.

Garcia illegally entered the country over a decade ago.  Garcia failed to apply for asylum within one year of entry.  According to the law, he is subject to deportation.  Thus, the reason for the deportation order.

[Kamaji]

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

Why?  The government had the opportunity to argue for removal the first time around, and it lost.  The order is, like all other court orders, prima facie valid.

[Kamaji]

A lie.  Not just a lie, but a lie you've repeated even after learning it was a lie.  The only mistake the government admitted was the destination of the importation.  At no point did they say it was a mistake to deport him.  Even his own lawyer failed to make that claim.  Garcia did not have a no-removal order in place.  He has been under a deportation order since 2019.  The order states only that he couldn't be deported to El Salvador.

Garcia illegally entered the country over a decade ago.  Garcia failed to apply for asylum within one year of entry.  According to the law, he is subject to deportation.  Thus, the reason for the deportation order.

Right.

[MeganC]

Why?

Why? Because other than the right to leave illegal aliens should not have any rights here.

[Kamaji]

Why? Because other than the right to leave illegal aliens should not have any rights here.

Sorry, but if the order has been issued, it is - and should be - prima facie valid and the government should have to show otherwise.

[MeganC]

Sorry, but if the order has been issued, it is - and should be - prima facie valid and the government should have to show otherwise.

No.

[Kamaji]

No.

Just because you don't like it, doesn't mean that's the way it is.  If a court issued a valid no-removal order, that order is - like all other court orders - prima facie valid unless the government can successfully challenge it.

[MeganC]

Just because you don't like it, doesn't mean that's the way it is.  If a court issued a valid no-removal order, that order is - like all other court orders - prima facie valid unless the government can successfully challenge it.

In case you haven't noticed the political will is now gathering to end judicial intrusion into the executive and legislative purviews. It's time to restore actual balance to what is supposed to be a system of checks and balances. The era of judicial supremacy is at an end.

Good riddance.

[Kamaji]

In case you haven't noticed the political will is now gathering to end judicial intrusion into the executive and legislative purviews. It's time to restore actual balance to what is supposed to be a system of checks and balances. The era of judicial supremacy is at an end.

Good riddance.

In other words, tyranny and authoritarianism is rearing its ugly head, once again.  The Nazis undermined judicial independence; so did the communists.  That you fail to see that is incredibly disappointing.

[MeganC]

In other words, tyranny and authoritarianism is rearing its ugly head, once again.  The Nazis undermined judicial independence; so did the communists.  That you fail to see that is incredibly disappointing.

You are mistaken, sir. Our judiciary was never intended to be independent, it was intended to be a co-equal part of a whole. The PROBLEM is that it is no longer thus and your point of view speaks to this.

[IsailedawayfromFR]

Sorry, but if the order has been issued, it is - and should be - prima facie valid and the government should have to show otherwise.

You missed the part that one judge is not the ultimate authority in this country, didn't you?

[IsailedawayfromFR]

In other words, tyranny and authoritarianism is rearing its ugly head, once again.  The Nazis undermined judicial independence; so did the communists.  That you fail to see that is incredibly disappointing.

Not disappointed, just taking in the one about what a 100 lawyers dropped from an airplane are :  target practice

[Kamaji]

You are mistaken, sir. Our judiciary was never intended to be independent, it was intended to be a co-equal part of a whole. The PROBLEM is that it is no longer thus and your point of view speaks to this.

No, I'm not.  They were intended to be a check and a balance to the other two branches.  That is what they're doing, you just don't like it - and you're acting like a crypto-fascist - because your personal political preferences are being frustrated by those checks and balances, which is precisely what the Founders intended.

Maybe you should go read some of the Federalist Papers - and the Anti-federalist papers - in addition to reading some ConLaw 101.

[Kamaji]

You missed the part that one judge is not the ultimate authority in this country, didn't you?

Wow.  You really are a crypto fascist.  When it comes to applying the law to a particular set of parties and a particular set of facts that have been brought before a court, that court is the ultimate authority on how the law applies to those facts.  You, too, should be reading some ConLaw 101 instead of letting your fascist panties show online.

[catfish1957]

2 consecutive posts calling 2 different Conservative Briefers fascist?

On a roll aren't you?

[Kamaji]

2 consecutive posts calling 2 different Conservative Briefers fascist?

On a roll aren't you?

If the shoe fits ....

I seem to remember all the wailing and gnashing of teeth when Biden threatened to ignore the court's order regarding his student loan forgiveness plan.  And now, well, since it's immigration, it's johnny full steam ahead and damn the courts.

You people are not only verging on proto-fascism, you're rank hypocrites.

[Hoodat]

Just because you don't like it, doesn't mean that's the way it is.  If a court issued a valid no-removal order, that order is - like all other court orders - prima facie valid unless the government can successfully challenge it.

So what happens in a case like this where no 'no-removal' order is issued by any court?  Wouldn't the deportation then be considered 'valid'?

[Hoodat]

Again, there was a 'removal' order in place:


.  .  .  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.  .  .

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



Posted for the second time on this thread.  Let's stop pushing this lie about a "valid no-removal order", shall we?

[catfish1957]

If the shoe fits ....

I seem to remember all the wailing and gnashing of teeth when Biden threatened to ignore the court's order regarding his student loan forgiveness plan.  And now, well, since it's immigration, it's johnny full steam ahead and damn the courts.

You people are not only verging on proto-fascism, you're rank hypocrites.

Got it...  you want Trump to charter a plane and bring those terrorist back. 

[IsailedawayfromFR]

Wow.  You really are a crypto fascist.  When it comes to applying the law to a particular set of parties and a particular set of facts that have been brought before a court, that court is the ultimate authority on how the law applies to those facts.  You, too, should be reading some ConLaw 101 instead of letting your fascist panties show online.

Yep, you have proven ineptness in the law.

A court is not a god.  When it strays well out of its lane, it is no longer a court of law.

You presume unelected judges are omnipotent in all aspects of decisions made in the country and that is far more dangerous than anything I have seen duly-elected Executives do.

We are witnessing judicial dictatorship, and judges drunk on their supposed power.

[MeganC]

that court is the ultimate authority

There it is. That's the problem right there.

A single Federal judge is NOT the ultimate authority.

You bandy around the term fascist like an ignorant college leftist as if that epithet has any power to intimidate or silence those who do not agree with you. 

Yes, I know you don't mean we're actual fascists who implement the economic model of dirigisme. You're just using a generic term to smear us as supporting dictatorship when in fact your own words make clear that you are supporting judicial dictatorship as the ultimate authority.

Judges are not 'ultimate authorities'. Not even the United States Supreme Court is an ultimate authority. The US Supreme Court cannot issue restraining orders to the military in time of war, they cannot dictate what the President can or cannot do in his private time, they cannot dictate his calendar, they cannot order Congress to pass certain laws, they cannot order Congress NOT to pass certain laws.

And they have ZERO authority to overturn Constitutional Amendments. Thank you God, and Thank you to our Founders!

In our time they have set themselves up as ultimate authorities and people like yourself have bought into this anti-Constitutional aberration and have celebrated the establishment of a judicial dictatorship.

Not me. I want the balance restored to our form of government and if it won't be restored then I among others will find no other option but to invoke our nation's first law that said:

We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.--That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed, --That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness.

[mystery-ak]

Federal judge calls deportation of Salvadoran man in Maryland 'wholly lawless'
Trump DOJ appeals to Supreme Court to stop order to return Kilmar Armando Abrego Garcia to the US from El Salvador
By Pilar Arias Fox News
Published April 7, 2025 7:56am EDT | Updated April 7, 2025 12:02pm EDT

A federal judge's 22-page decision on Sunday called the deportation of Kilmar Armando Abrego Garcia to El Salvador "wholly lawless."

And after an appeals court on Monday denied a motion from the Department of Justice to stay the judge's order to return Garcia to the U.S., the Trump administration appealed to the U.S. Supreme Court to intervene.

Abrego Garcia, 29, was deported to an El Salvadoran megaprison last month for being an alleged MS-13 gang member. U.S. District Judge Paula Xinis ordered the Department of Homeland Security and Homeland Security Secretary Kristi Noem to return Abrego Garcia to the U.S., where he was living in Maryland.

"Although the legal basis for the mass removal of hundreds of individuals to El Salvador remains disturbingly unclear, Abrego Garcia’s case is categorically different—there were no legal grounds whatsoever for his arrest, detention, or removal," Xinis wrote.

"Nor does any evidence suggest that Abrego Garcia is being held in CECOT at the behest of Salvadoran authorities to answer for crimes in that country. Rather, his detention appears wholly lawless," she continued.

Also on Sunday, Attorney General Pam Bondi doubled down on the Trump administration's decision to deport Abrego Garcia.

"We have to rely on what ICE says," Bondi said in a "Fox News Sunday" interview. "We have to rely on what Homeland Security says. They're our clients, and I firmly believe in the work they are doing, and we're going to make America safe again. That was President Trump's directive to all of us."

more
https://www.foxnews.com/politics/federal-judge-calls-deportation-salvadoran-man-maryland-wholly-lawless

[bigheadfred]

Read this:   https://t.co/0OjC9qReSQ

[MeganC]

"U.S. District Judge Paula Xinis ordered the Department of Homeland Security and Homeland Security Secretary Kristi Noem to return Abrego Garcia to the U.S."

That's nice. And what will U.S. District Judge Paula Xinis do when the nation of El Salvador tells her to get bent?

She has ZERO authority in El Salvador and she has ZERO authority to order the Executive Branch to intervene in Salvadoran internal affairs such as ordering the release of a Salvadoran citizen to US custody.

[Kamaji]

Read this:   https://t.co/0OjC9qReSQ

Very interesting.  Thanks.