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🚨🚨🚨 #SCOTUS declined on Thurs to block a judge's order requiring #Trump's #administration to facilitate the return to the UnitedStates a Salvadoran man who the government has acknowledged was deported in error to #ElSalvador.

US District Judge Paula Xinis on April 4 issued an order that the administration return #KilmarAbregoGarcia, in response to a lawsuit filed by the man & his family challenging the legality of his #deportation.

#immigration #law #DueProcess
https://www.reuters.com/legal/us-supreme-court-upholds-order-facilitate-return-deportee-sent-el-salvador-error-2025-04-10/
#trump #scotus #law #immigration #administration #deportation #elsalvador #dueprocess #kilmarabregogarcia
Nonilex
#KilmarAbregoGarcia, a Salvadoran migrant who was living in Maryland & has had a work permit since 2019, was stopped & detained by #ICE officers on March 12 & questioned about his *alleged* gang affiliation. He was deported on March 15 on one of three high-profile #deportation flights to #ElSalvador that also included alleged Venezuelan gang members.

#law #immigration #AlienEnemiesAct #ExtraordinaryRendition #StateSponsoredAbduction #Constitution #CivilRights #DueProcess #AbuseOfPower #Trump
#trump #law #ice #immigration #constitution #civilrights #deportation #elsalvador #abuseofpower #alienenemiesact #dueprocess #kilmarabregogarcia #extraordinaryrendition #statesponsoredabduction
Nonilex
There is going to be a whole lot of arguing about what "facilitate" means / entails.

#SCOTUS writes:

The order properly requires the Government to "facilitate" Abrego Garcia's release from custody in El Salvador

https://s3.documentcloud.org/documents/25894464/24a949-order.pdf

#KilmarAbregoGarcia #law #immigration #AlienEnemiesAct #ExtraordinaryRendition #StateSponsoredAbduction #Constitution #CivilRights #DueProcess #AbuseOfPower #Trump
The application is granted in part and denied in part, subject to the direction of this order. Due to the administrative stay issued by THE CHIEF JUSTICE, the deadline imposed by the District Court has now passed. To that extent, the Government's emergency application is effectively granted in part and the deadline in the challenged order is no longer effective. The rest of the District Court's order remains in effect but requires clarification on remand. The order properly requires the Government to "facilitate" Abrego Garcia's release from custody in El Salvador and to ensure that his case is handled as it would have been had he not been improperly sent to El Salvador. 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. For its part, the Government should be prepared to share what it can concerning the steps it has taken and the prospect of further steps. The order heretofore entered by THE CHIEF JUSTICE is vacated.
#trump #scotus #law #immigration #constitution #civilrights #abuseofpower #alienenemiesact #dueprocess #kilmarabregogarcia #extraordinaryrendition #statesponsoredabduction
Nonilex
#SCOTUS’ decision was unanimous. Additionally it suggests someone held overseas can still be given due process.
Ya think? Especially given that the #Trump admin is paying #ElSalvador to detain the *deportees*

#KilmarAbregoGarcia #law #immigration #AlienEnemiesAct #ExtraordinaryRendition #StateSponsoredAbduction #Constitution #CivilRights #DueProcess #AbuseOfPower
#trump #scotus #law #immigration #constitution #civilrights #elsalvador #abuseofpower #alienenemiesact #dueprocess #kilmarabregogarcia #extraordinaryrendition #statesponsoredabduction
Nonilex
This may be consequential for Judge #Boasberg’s contempt proceedings in the #Trump admin’s refusal to abide by his court order to turn around the planes & immediately stop all #AlienEnemiesAct #deportations.

In this decision. #SCOTUS unanimously rejected the argument that a district judge lacks power to order gov to facilitate return once planes leave US jdx. That was the admin’s main rationale for defying the court’s written order.

#law #immigration #DueProcess #Judiciary #AbuseOfPower
The rest of the District Court's order remains in effect but requires clarification on remand. The order properly requires the Government to "facilitate" Abrego Garcia's release from custody in El Salvador and to ensure that his case is handled as it would have been had he not been improperly sent to El Salvador. 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. For its part, the Government should be prepared to share what it can concerning the steps it has taken and the prospect of further steps.
#trump #scotus #law #judiciary #immigration #deportations #abuseofpower #alienenemiesact #dueprocess #boasberg
Nonilex
#Trump #DOJ on #SCOTUS ruling:

“As the Supreme Court correctly recognized, it is the exclusive prerogative of the President to conduct foreign affairs. By directly noting the deference owed to the Executive Branch, this ruling once again illustrates that activist judges do not have the jurisdiction to seize control of the President's authority to conduct foreign policy.”

That is NOT what SCOTUS said.
Clearly Trump plans on leaving #KilmarAbregoGarcia in #CECOT.

#immigration #law #judiciary
“As the Supreme Court correctly recognized, it is the exclusive prerogative of the President to conduct foreign affairs. By directly noting the deference owed to the Executive Branch, this ruling once again illustrates that activist judges do not have the jurisdiction to seize control of the President's authority to conduct foreign policy.”
#trump #scotus #law #judiciary #immigration #doj #cecot #kilmarabregogarcia
Dieser Beitrag wurde bearbeitet. (2 Wochen her)
Nonilex
NEW

#Trump’s #DOJ is trying to cancel today's #KilmarAbregoGarcia hearing & delay filing a response to the judge's order until next week.

https://storage.courtlistener.com/recap/gov.uscourts.mdd.578815/gov.uscourts.mdd.578815.52.0.pdf

The 9:30 deadline has passed with no information from the Justice Department about Abrego Garcia's location or status, as demanded by the judge. She has not granted an extension, unclear if she will.

#law #Constitution #immigration #AlienEnemiesAct #DueProcess #CivilRights #HumanRights #DualState #AbuseOfPower #Trump
#trump #humanrights #law #immigration #constitution #civilrights #doj #abuseofpower #alienenemiesact #dueprocess #dualstate #kilmarabregogarcia
Nonilex
Abrego Garcia's attys urged the judge to reject #DOJ’s request for delay. They argue the #Trump admin has been under order to begin facilitating Abrego Garcia's return for multiple days before #SCOTUS' stay Mon.

https://storage.courtlistener.com/recap/gov.uscourts.mdd.578815/gov.uscourts.mdd.578815.54.0.pdf

“This Court's order to facilitate Abrego Garcia's return was issued one week ago. It was not stayed until Monday afternoon. Accordingly, the Govt should have been taking actions Fri, Sat, Sun, & Mon morning, & the Govt can report on those.”

#law #immigration
P1 opposition to Trump delay request
P2 opposition to Trump delay request
#trump #scotus #law #immigration #doj
Nonilex
In a filing ~45 mins after the deadline had passed, #DOJ lawyers wrote:

“In light of the insufficient amount of time afforded to review the Supreme Court’s Order following the dissolution of the administrative stay in this case, Defendants are not in a position where they 'can’ share any information requested by the Court. That is the reality.”

This is another escalation of the #Trump admin’s refusal to acknowledge the #equal #power of the #JudicialBranch.

#law #ConstitutionalCrisis
#trump #law #power #equal #doj #constitutionalcrisis #judicialbranch
Nonilex
The hearing has started.

Via Anna Bower:

Drew Ensign, who has represented the gov in the JGG matter before Judge #Boasberg, is here for #DOJ.

Judge #Xinis begins by explaining why we're here: #SCOTUS ruled, & directed the court to clarify its order re: "effectuating" the return of #KilmarAbregoGarcia.

Xinis: Contrary to what the govt put in its briefing, there is no need for further briefing. Now I need to know if the defendants are willing to answer my 3 questions I've asked...

#law
#scotus #law #doj #boasberg #kilmarabregogarcia #xinis
Nonilex
Number one. Why did defendants not comply with order & give me someone with personal knowledge about Mr. Abrego Garcia's current location/status?

Ensign: We've said what we can say....

Judge: What info do you have?

Ensign: I do not have that info

Judge: The govt is going on record saying it has no info Garcia’s whereabouts?

Ensign: I'm saying I don't have that info as an officer of the court, clients have not provided that info to me as of today

#law #immigration #judiciary
#law #judiciary #immigration
David Phd
Just find the clients and lawyers in contempt and throw them in jail
Hermey G
Trump will pardon them. There's the rub.
@Nonilex
@Nonilex
David Phd
Impeach Trump. How much further can the GOP give everything away to support one man?? Their voters are suffering from the financial chaos
Carolyn
They are spineless, and it's not just themselves they worry about, it's their families, as the orange rapist has put targets on families of those not submitting to him in the past, it's part of his MO. @Bobblegagger @Nonilex
@Nonilex @Hermey G

GlennMG hat dies geteilt

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