Judge rules deportation was “an illegal act”

[Zafira Cherry]

If Trump & his goon squad had the right to deport him then why did they break the law & send him to El Salvador without due process that he has a right to? If the coxsuckers did that then we wouldn't be having this discussion.

Can those assholes get anything right?

If DOTARD is involved, it is always a disaster. Example Covid-19 response, tariffs, Trump University, Trump steaks, Casino's, etc.

 

[berg80]

LOL, thanks for the link. I think it substantiates my post.

In the administration’s emergency application, D. John Sauer, the U.S. solicitor general, said Judge Xinis had exceeded her authority by engaging in “district-court diplomacy,” because it would require working with the government of El Salvador to secure his release.

“If this precedent stands,” he wrote, “other district courts could order the United States to successfully negotiate the return of other removed aliens anywhere in the world by close of business,” he wrote. “Under that logic, district courts would effectively have extraterritorial jurisdiction over the United States’ diplomatic relations with the whole world.”

What a steaming pile. The lower court does not seek, nor is it claiming, authority for
“district-court diplomacy.” It seeks the return of a man sent to El Salvador illegally. The converse of Sauer's argument is........what is to prevent more extralegal deportations at the whim of the regime if they can do so without accountability.

 

[Zafira Cherry]

This “Father of the year” can’t go home cuz his rival gangs want to kill him.

seems like a nice guy

Abrego Garcia entered the United States in 2011 when he was 16 to escape gang violence in El Salvador, according to his lawyers. Simon Sandoval-Moshenberg, the attorney representing Abrego Garcia, said last week his client is not a member of MS-13, as the government has alleged, but said that's an issue for an immigration judge to address.

 

[Zafira Cherry]

In the administration’s emergency application, D. John Sauer, the U.S. solicitor general, said Judge Xinis had exceeded her authority by engaging in “district-court diplomacy,” because it would require working with the government of El Salvador to secure his release.

“If this precedent stands,” he wrote, “other district courts could order the United States to successfully negotiate the return of other removed aliens anywhere in the world by close of business,” he wrote. “Under that logic, district courts would effectively have extraterritorial jurisdiction over the United States’ diplomatic relations with the whole world.”

What a steaming pile. The lower court does not seek, nor is it claiming, authority for
“district-court diplomacy.” It seeks the return of a man sent to El Salvador illegally. The converse of Sauer's argument is........what is to prevent more extralegal deportations at the whim of the regime if they can do so without accountability.

Trump is in the bottom 3 US Presidents of all time, at this point I am thinking he could end up at the very bottom.
This is truly PITIFUL.

this Asylum seeker should have never been deported. MAGAs are chanting "lock him up" "lock him up". DOTARD approves, obviously. The MAGA party will be remembered as a dark, if not the darkest chapter in American history. And don't any of you deny it or try to erase that chapter. The world will never forget.

 

[Zafira Cherry]

Lesson for kyzr and others

Due process of law is the principle that the government must follow fair procedures when taking away a person's life, liberty, or property. It's a fundamental right in the United States, protected by the Fifth and Fourteenth Amendments.

Kyzr said "(illegal) non-citizens don't have "due-process rights" until after their hearing and they are given temporary status."

That is simply not true.

Ones presence in this country is unlawful, involuntary, or transitory is entitled to that constitutional protection. No need for a "hearing", no need for "temporary status".

ArtI.S8.C18.8.7.2 guarantees it.

My party was hijacked by jackass narrow minded MAGAs.

 

[Concerned American]

In the administration’s emergency application, D. John Sauer, the U.S. solicitor general, said Judge Xinis had exceeded her authority by engaging in “district-court diplomacy,” because it would require working with the government of El Salvador to secure his release.

“If this precedent stands,” he wrote, “other district courts could order the United States to successfully negotiate the return of other removed aliens anywhere in the world by close of business,” he wrote. “Under that logic, district courts would effectively have extraterritorial jurisdiction over the United States’ diplomatic relations with the whole world.”

What a steaming pile. The lower court does not seek, nor is it claiming, authority for
“district-court diplomacy.” It seeks the return of a man sent to El Salvador illegally. The converse of Sauer's argument is........what is to prevent more extralegal deportations at the whim of the regime if they can do so without accountability.

Apparently, Roberts disagrees with your assertion, LOL, take it up with him.

 

[berg80]

Apparently, Roberts disagrees with your assertion, LOL, take it up with him.

If the deportation is allowed to stand what prevents more extralegal deportations at the whim of the regime if they can do so without accountability to the law?

 

[berg80]

Sauer writes........“If this precedent stands,” he wrote, “other district courts could order the United States to successfully negotiate the return of other removed aliens anywhere in the world by close of business,” he wrote.

Only if they were deported without cause and without due process. The regime being ordered to see to it they are returned is as it should be. Cuz........illegal.

 

[Polishprince]

Sauer writes........“If this precedent stands,” he wrote, “other district courts could order the United States to successfully negotiate the return of other removed aliens anywhere in the world by close of business,” he wrote.

Only if they were deported without cause and without due process. The regime being ordered to see to it they are returned is as it should be. Cuz........illegal.

There WAS due process here.

A valid immigration visa was signed by a judge and Mr. Garcia was picked up and deported as ordered in the order.

The bullshit decision issued later was done AFTER the fellow was already in his tremendous homeland of El Salvador.

 

[j-mac]

Not true.
The SCOTUS has consistently upheld the rights to due process for even illegal immigrants.
It's based upon the philosophy that ALL men (people) are created equal.
Not just U.S. citizens.


Immigrants to the U.S. face a wide array of federal laws, regulations, rules and policies, but only one U.S. Constitution. One of its amendments impacts what procedures and process can be used when the federal government decides the status of the person. For someone in Kentucky seeking help in an immigration matter, constitutional protections may be critical for a positive outcome.

“Due process” is a phrase in the 14th Amendment to the U.S. Constitution. It was originally added to protect the rights of ex-slaves who were emancipated during and after the Civil War. It also applies to non-U.S. citizens who enter or are seeking to immigrate into the U.S. What process is due depends on the situation.

The U.S. Supreme Court has ruled that due process permits people to exercise their legal rights in a court proceeding permitted by American law. These parties can contest an action proposed by the government in front of a neutral decision maker, like a judge, but it need not be a judge to comply with constitutional protections.

Undocumented immigrants have a right to due process. Anyone on U.S. soil is protected by the constitution’s stated right to due process — even a person who illegally entered or stayed in the country. Generally those inside our borders enjoy greater legal protections than those at the border.

How much process is “due” depends on the situation. Those coming into the U.S. illegally and are ordered deported have a right to appeal those decisions. But Congress can create limited procedures that are constitutionally sufficient for noncitizens detained at the border.

Immigrants who are ordered to leave the country can fight deportation through civil proceedings involving immigration courts and judges overseen by the Justice Department. Individuals in such situations must secure legal representation from a skilled Kentucky deportation lawyer who can guide them through the process. With the right attorney, immigrants have the opportunity to appeal unfavorable decisions to the Board of Immigration Appeals, ensuring a comprehensive and diligent defense strategy.

What Is “Due Process” for Immigrants? | Carman & Fullerton

Undocumented immigrants have a right to due process. Learn more here. If you have questions about immigration law, call us now for a consultation.

carmanfullerton.com

What Trump is doing is legal.

 

[j-mac]

False,


Aliens physically present in the United States, regardless of their legal status, are recognized as persons guaranteed due process of law by the Fifth and Fourteenth Amendments. Even if ones presence in this country is unlawful, involuntary, or transitory is entitled to that constitutional protection. No need for a "hearing", no need for "temporary status"
It is written, do your homework

Better check the law…

 

[Zafira Cherry]

Better check the law…

I am very familiar with the law
ArtI.S8.C18.8.7.2 guarantees Due Process

Other rulings, such as Plyler v. Doe (1982), affirmed that undocumented immigrants are also viewed as persons in the eyes of Constitutional law.

Documented, not documented, all persons physically in the USA are guaranteed Due Process

 

[kyzr]

Lesson for kyzr and others
Due process of law is the principle that the government must follow fair procedures when taking away a person's life, liberty, or property. It's a fundamental right in the United States, protected by the Fifth and Fourteenth Amendments.
Kyzr said "(illegal) non-citizens don't have "due-process rights" until after their hearing and they are given temporary status."
That is simply not true.
Ones presence in this country is unlawful, involuntary, or transitory is entitled to that constitutional protection. No need for a "hearing", no need for "temporary status".
ArtI.S8.C18.8.7.2 guarantees it.
My party was hijacked by jackass narrow minded MAGAs.

Remain in Mexico shoots that lie in the butt.

Remain in Mexico - Wikipedia

en.wikipedia.org

Remain in Mexico (officially Migrant Protection Protocols) is a United States immigration policy originally implemented in January 2019 under the administration of President Donald Trump, affecting immigration across the border with Mexico. Administered by the Department of Homeland Security, it requires migrants seeking asylum to remain in Mexico until their US immigration court date.

Also, the USSC just said that the district judge and appeals court are wrong.

Supreme Court delays midnight deadline for Trump administration to fix mistaken deportation of Maryland man

Chief Justice John Roberts has issued a temporary administrative stay -- putting off a deadline for the government to return a mistakenly deported man to the U.S.

abcnews.go.com

You can stop typing lies any time now. dumbass.

 

[Zafira Cherry]

Remain in Mexico shoots that lie in the butt.

Remain in Mexico - Wikipedia

en.wikipedia.org

Remain in Mexico (officially Migrant Protection Protocols) is a United States immigration policy originally implemented in January 2019 under the administration of President Donald Trump, affecting immigration across the border with Mexico. Administered by the Department of Homeland Security, it requires migrants seeking asylum to remain in Mexico until their US immigration court date.

Also, the USSC just said that the district judge and appeals court are wrong.

Supreme Court delays midnight deadline for Trump administration to fix mistaken deportation of Maryland man

Chief Justice John Roberts has issued a temporary administrative stay -- putting off a deadline for the government to return a mistakenly deported man to the U.S.

abcnews.go.com

You can stop typing lies any time now. dumbass.

The Remain in Mexico policy requires certain asylum seekers arriving by land at the U.S./Mexico border (both at and between official ports of entry (POEs)) who pass a credible fear screening with a U.S. asylum officer (a first step in the process for requesting asylum) to return to Mexico to await their asylum hearing in U.S. immigration court.

Due Process starts at the POE (US Soil).

Your claim "(illegal) non-citizens don't have "due-process rights" until after their hearing and they are given temporary status." does not hold water....

 

[kyzr]

The Remain in Mexico policy requires certain asylum seekers arriving by land at the U.S./Mexico border (both at and between official ports of entry (POEs)) who pass a credible fear screening with a U.S. asylum officer (a first step in the process for requesting asylum) to return to Mexico to await their asylum hearing in U.S. immigration court.
Due Process starts at the POE (US Soil). Your claim "(illegal) non-citizens don't have "due-process rights" until after their hearing and they are given temporary status." does not hold water....

If that (red font) makes you happy as "due process", it also makes me happy, as deported.

 

[j-mac]

The Remain in Mexico policy requires certain asylum seekers arriving by land at the U.S./Mexico border (both at and between official ports of entry (POEs)) who pass a credible fear screening with a U.S. asylum officer (a first step in the process for requesting asylum) to return to Mexico to await their asylum hearing in U.S. immigration court.

Due Process starts at the POE (US Soil).

Your claim "(illegal) non-citizens don't have "due-process rights" until after their hearing and they are given temporary status." does not hold water....

Ok, send the regulars to Mexico, the criminals can see a judge in Texas, then shipped out.

 

[Zafira Cherry]

If that (red font) makes you happy as "due process", it also makes me happy, as deported.

Ok, send the regulars to Mexico, the criminals can see a judge in Texas, then shipped out.

Due Process Rights are guaranteed to any person on US Soil.

The statement "
"(illegal) non-citizens don't have "due-process rights" until after their hearing and they are given temporary status." does not hold water....

ArtI.S8.C18.8.7.2 guarantees Due Process Rights (no hearing needed and nothing to do with status)

remove "Mexico" or "this guy" from your arguments.

Other rulings, such as Plyler v. Doe (1982), affirmed that undocumented immigrants are also viewed as persons in the eyes of Constitutional law.

Documented, not documented, all persons physically in the USA are guaranteed Due Process

once again...

"(illegal) non-citizens don't have "due-process rights" until after their hearing and they are given temporary status."

INCORRECT....

 

[j-mac]

Due Process Rights are guaranteed to any person on US Soil.

The statement "
"(illegal) non-citizens don't have "due-process rights" until after their hearing and they are given temporary status." does not hold water....

ArtI.S8.C18.8.7.2 guarantees Due Process Rights (no hearing needed and nothing to do with status)

remove "Mexico" or "this guy" from your arguments.

Other rulings, such as Plyler v. Doe (1982), affirmed that undocumented immigrants are also viewed as persons in the eyes of Constitutional law.

Documented, not documented, all persons physically in the USA are guaranteed Due Process

once again...

"(illegal) non-citizens don't have "due-process rights" until after their hearing and they are given temporary status."

INCORRECT....

Many of these people have already been given deportation orders

 

[Zafira Cherry]

Many of these people have already been given deportation orders

As long as they got the opportunity to exercise the guaranteed Rights to Due Process, I am good with deportation.

The fact of the matter is...

The statement
"(illegal) non-citizens don't have "due-process rights" until after their hearing and they are given temporary status." does not hold water....

Simply not true, the Right to Due Process is not based on a "hearing or "temporary status"

ArtI.S8.C18.8.7.2 guarantees Due Process Rights to any persons in the USA.

 

[kyzr]

Due Process Rights are guaranteed to any person on US Soil.
The statement "
"(illegal) non-citizens don't have "due-process rights" until after their hearing and they are given temporary status." does not hold water....
ArtI.S8.C18.8.7.2 guarantees Due Process Rights (no hearing needed and nothing to do with status)
remove "Mexico" or "this guy" from your arguments.
Other rulings, such as Plyler v. Doe (1982), affirmed that undocumented immigrants are also viewed as persons in the eyes of Constitutional law.
Documented, not documented, all persons physically in the USA are guaranteed Due Process
once again...
"(illegal) non-citizens don't have "due-process rights" until after their hearing and they are given temporary status."
INCORRECT....

Simplifying on what we both agree on, from YOUR post #414
"return to Mexico to await their asylum hearing in U.S. immigration court."