Judge orders return of Maryland man mistakenly deported to an El Salvador prison

[Billiejeens]

As liberals shed tears for Garcia, a known criminal MS13 gang member, now declared terrorist, Rachel Morin’s family and friends wonder where Sen. Van Hollen has been for them…MIA

Dems are trash.

Everyone
No exceptions

 

[Billiejeens]

FactCheck says you are totally wrong and in all hearings he was ruled to be qualified for asylum and eventual citizenship.

Didn't read past factcheck.

 

[Cellblock2429]

WRONG!

The courts have always ruled he was not a gang member, had committed no crimes, and was on track to asylum citizenship.

{...

This needs context. U.S. Immigration and Customs Enforcement arrested Abrego Garcia in 2019 as he was looking for day labor outside a Home Depot in Maryland. A police informant told police Abrego Garcia was an MS-13 member. Immigration judges denied Abrego Garcia bond, both initially and on appeal, citing the informant’s accusation.

In the initial denial, the judge said the determination of Abrego Garcia’s gang membership "appears to be trustworthy and is supported" by evidence from the Gang Field Interview Sheet which, in part, referenced the informant. Abrego Garcia’s attorneys have repeatedly said in court that the informant’s accusation was fabricated.

The immigration judges’ decision to deny bond is not equivalent to ruling that Abrego Garcia was a gang member, David Bier, associate director of immigration studies at the libertarian Cato Institute, said.

In immigration bond hearings, detainees have the burden of proof to show they are neither a flight risk nor a danger to the community. Abrego Garcia "failed to meet his burden to show that he was not a danger," Bier said. That’s not the same as the government proving affirmatively that he was an MS-13 member.

"The immigration judge is only taking at face value any evidence that the government provides," Bier said. "It is not assessing its underlying validity at that stage."

Abrego Garcia later received an immigration protection called withholding of removal. Granting that protection required the Department of Homeland Security to decide Abrego Garcia was not "a danger to the security of the United States," Bier said, quoting U.S. immigration law.

"The Trump administration did not appeal these determinations or the granting of withholding of removal," Bier said. "So at that time, it did not consider him a threat and no new evidence has been presented since then."

Simon Sandoval-Moshenberg, an attorney for Abrego Garcia, told PolitiFact his client has "never been convicted of any crime, gang-related or otherwise," and we also found no court evidence he had been convicted. Neither of the immigration court proceedings constitute a conviction, because they were not trials.
...}
The facts behind Kilmar Armando Abrego Garcia’s deportation

/---/ So, wife-beating isn't a crime?

'Maryland man' Kilmar Abrego Garcia exposed in police records as 'violent' repeat wife beater

The Department of Homeland Security released court records it says proves Salvadoran migrant Kilmar Abrego Garcia is a member of the infamous MS-13 gang.

www.foxnews.com

 

[Admiral Rockwell Tory]

In his deposition he said that the gangs were threatening him in El Salvador because he was NOT in a gang and had no defense from the gangs.
You obviously know nothing of how gangs work.
They avoid fighting each other, and only do that when there is territory conflict.

Why did he not claim asylum at the border? No, he sneaked across the border and never contacted the CBP.

 

[EvilCat Breath]

Except now the government is admitting that they had made a mistake and he was not supposed to be deported.

And do process means the the government proving a case in court.

By your logic the fact that a police officer arrested a person proves they are guilty of a crime

He could be deported just not to El Salvador because of the gangs. El Salvador is now safer than New York. The protection came from the anti American and corrupt Biden administration. It practice, their decisions should be ignored pending proof that Biden had anything to do with them.

He was caught with other gang members, carrying drugs and wads of cash. Enforce the last legitimate court order of deportation.

 

[Meathead]

Trump continues to lose.

Judge orders return of Maryland man mistakenly deported to an El Salvador prison​

A federal judge on Friday ordered the Trump administration to arrange for the return of a Maryland man to the United States after he was mistakenly deported to a notorious El Salvador prison.

U.S. Immigration and Customs Enforcement expelled Kilmar Abrego Garcia last month despite an immigration judge’s 2019 ruling that shielded him from deportation to his native El Salvador, where he faced likely persecution by local gangs.

The judge's ruling came shortly after Abrego Garcia's wife joined dozens of supporters at a rally to urge her husband's immmediate return.

Jennifer Vasquez Sura, a U.S. citizen, hasn't spoken to Abrego Garcia since he was flown to his native El Salvador last month and imprisoned. She urged her supporters to keep fighting for her husband “and all the Kilmars out there whose stories are still waiting to be heard.”

“To all the wives, mothers, children who also face this cruel separation, I stand with you in this bond of pain,” she said during the rally at a community center in Hyattsville, Maryland. “It’s a journey that no one ever should ever have to suffer, a nightmare that feels endless."

The campaign to reunite the couple will shift to a courtroom in Greenbelt, Maryland, a suburb of Washington, D.C.

The White House has cast Kilmar Abrego Garcia, 29, as an MS-13 gang member and assert that U.S. courts lack jurisdiction over the matter because the Salvadoran national is no longer in the U.S.

Abrego Garcia’s attorneys have countered that there is no evidence he was in MS-13. The allegation is based on a confidential informant’s claim in 2019 that Abrego Garcia was a member of a chapter in New York, where he has never lived.

Judge orders return of wrongly deported Maryland man

A federal judge has ordered the Trump administration to arrange for the return of a Maryland man to the United States after he was mistakenly deported to a notorious El Salvador prison.

www.wapt.com

A judge can order a foreign government to extradite one of it's citizens?! WTF.

Anyway, I understand the OP has been deleted. Hope so.

 

[MisterBeale]

This seems like such an easy case for the administration to resolve, I don't know why they don't deal with it properly.
(Maybe they really do want to be seen as above the law?)

The preponderance of evidence, as found by the courts, is that he IS indeed a gang member, and should have been in custody.

The administration should quit paying for his incarceration in El Salvador so it can get him back. The very fact that he was not granted Asylum, but instead just a Withhold of Removal, indicates he is indeed a danger to the community.

At that point? The government should send him to Guantanamo. Such action would be consistent with all rulings. . . and show that the administration is following the law.

. . . it would then be defused as a potential issue in the mid-terms.

". . . Mr. Abrego Garcia entered the country illegally sometime around 2011 and was ordered deported in 2019, though the immigration judge ruled that the one place he couldn’t be sent was his home country of El Salvador because he faced the possibility of torture.

Another Immigration judge, ruling on his request for bond, found it likely he was an MS-13 member based largely on the Prince George’s police findings.

Judge Elizabeth Kessler said those conclusions appeared to be “trustworthy.” She said the confidential source who identified Mr. Abrego Garcia as MS-13 had proven reliable in the past, and named Mr. Abrego Garcia by his “rank and gang name.”

The judge said Mr. Abrego Garcia “failed to present evidence to rebut that assertion.”

Her ruling was affirmed in late 2019 by the Board of Immigration Appeals.

Democrats have questioned the claim of MS-13 membership, adopting Mr. Abrego Garcia’s denials.

U.S. District Judge Paula Xinis has also discounted them in her courtroom as she’s ordered the government to un-deport him. She said there’s been no evidence of his gang membership presented to her while she’s been hearing the case over the last several weeks.

An appeals court on Thursday was equivocal on the matter.

“Perhaps, but perhaps not,” said Judge Harvie Wilkinson of the 4th U.S. Circuit Court of Appeals. “Regardless, he is still entitled to due process.”

Police reveal why they thought Kilmar Abrego Garcia was an MS-13 gang member

Shedding some light on a key issue in the fight over his deportation, Police gang experts reveal why they thought Kilmar Abrego Garcia was an MS-13 gang member.

www.washingtontimes.com

 

[Marener]

The preponderance of evidence, as found by the courts, is that he IS indeed a gang member, and should have been in custody.

Not even close. The evidence was a confidential source that a detective claimed to have. Neither the source nor the detective were able to be cross examined in court because the detective was suspended from the force and later indicted on corruption charges.

This makes the evidence double hearsay.

The judge then says that Garcia didn’t provide evidence to refute the allegations. Well how is he supposed to do that if he can’t question anyone who making the allegations?

This episode does a good job demonstrating how our court system treats some people.

 

[Billiejeens]

Not even close. The evidence was a confidential source that a detective claimed to have. Neither the source nor the detective were able to be cross examined in court because the detective was suspended from the force and later indicted on corruption charges.

This makes the evidence double hearsay.

The judge then says that Garcia didn’t provide evidence to refute the allegations. Well how is he supposed to do that if he can’t question anyone who making the allegations?

This episode does a good job demonstrating how our court system treats some people.

That's a very strong echo chamber that keeps you all this ignorant.

Kudos to the builders.

 

[Delldude]

W

Is Garcia back in the States, yet?

Wasting away in Margaritaville.

 

[MisterBeale]

Not even close. The evidence was a confidential source that a detective claimed to have. Neither the source nor the detective were able to be cross examined in court because the detective was suspended from the force and later indicted on corruption charges.

This makes the evidence double hearsay.

The judge then says that Garcia didn’t provide evidence to refute the allegations. Well how is he supposed to do that if he can’t question anyone who making the allegations?

This episode does a good job demonstrating how our court system treats some people.

"Judge Elizabeth Kessler said those conclusions appeared to be “trustworthy.” She said the confidential source who identified Mr. Abrego Garcia as MS-13 had proven reliable in the past, and named Mr. Abrego Garcia by his “rank and gang name.”

The judge said Mr. Abrego Garcia “failed to present evidence to rebut that assertion.”


If a member of the gang says he is in it, and the government keeps the informants identity concealed. . . be sure, we are talking about facts here.

 

[Delldude]

This episode does a good job demonstrating how our court system treats some people.

Garcia was a Republican?

 

[Marener]

Garcia was a Republican?

No but he’s poor and unknown.

 

[Marener]

"Judge Elizabeth Kessler said those conclusions appeared to be “trustworthy.” She said the confidential source who identified Mr. Abrego Garcia as MS-13 had proven reliable in the past, and named Mr. Abrego Garcia by his “rank and gang name.”

The judge said Mr. Abrego Garcia “failed to present evidence to rebut that assertion.”


If a member of the gang says he is in it, and the government keeps the informants identity concealed. . . be sure, we are talking about facts here.

I have no idea why the judge found it to be trustworthy, but we now known that the cop who made the claim was indicted for corruption.

How trustworthy is that?

 

[Marener]

That's a very strong echo chamber that keeps you all this ignorant.

Kudos to the builders.

Shush. I know more than you.

 

[MisterBeale]

https://www.justice.gov/ag/media/1396906/dl?inline

The administration's mistake? Sending an MS-13 gang member back to an area where he is being targeted by Barrio 18.

Bad bad look. It clearly violated this criminal's due process.





MS13 vs. Barrio18: Salvador's Violent Gang War | Witness | Gang Documentary

MS-13 and Barrio 18 Truce: Can This Be Successfully Replicated in Honduras and Guatemala?

Last year's truce between the Salvadorean arms of two rival gangs, the Mara Salvatrucha 13 (MS-13) and Barrio 18, has influenced efforts for similar truces in Honduras and Guatemala. Diana Villier Negroponte reviews developments since the truce in El Salvador and what can be done to reduce gang...

www.brookings.edu

Barrio 18 v. MS-13: The gang war tearing the Americas apart​

A BITTER feud between rival street gangs has left a trail of bodies spanning the United States and Central America.

https://www.news.com.au/lifestyle/real-life/news-life/barrio-18-v-ms13-the-gang-war-tearing-the-americas-apart/news-story/543f3eb2f2057801a8144467c8f1ba37

 

[MisterBeale]

I have no idea why the judge found it to be trustworthy, but we now known that the cop who made the claim was indicted for corruption.

How trustworthy is that?

If the cop that was indicted for corruption, was on the Barrio-18 payroll? meh.

I don't care.

Facts are facts.

This guy was part of a criminal threat. Otherwise, he would not have entered illegally and continued to try to evade the law.

 

[Billiejeens]

Shush. I know more than you.

nope

 

[Billiejeens]

If the cop that was indicted for corruption, was on the Barrio-18 payroll? meh.

I don't care.

Facts are facts.

This guy was part of a criminal threat. Otherwise, he would not have entered illegally and continued to try to evade the law.

If this gang banger would come out as trans,
Democrats would burn the country down to get him back.

 

[Rambunctious]

Hey Judge!!!!