Reagan appointed judge slams Trump.

pknopp

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Reagan appointed judge slams Trump over his refusal to understand he is not above the law.


A federal appeals court rejected the Trump administration’s request that it halt the next steps Judge Paula Xinis is seeking to take in the case concerning a migrant who was wrongly deported to El Salvador, with a strident warning about the rule of law and the possibility the dispute presented an ā€œincipient crisis.ā€

The 4th US Circuit Court of Appeals said in its seven-page ruling Thursday that the Trump administration’s assertions in the case ā€œshould be shocking not only to judges, but to the intuitive sense of liberty that Americans far removed from courthouses still hold dear.ā€

The unanimous ruling was written by Judge Harvie Wilkinson, an appointee of former President Ronald Reagan.


Appeals court backs judge in Abrego Garcia case, saying Trump DOJ ā€˜would reduce the rule of law to lawlessness’

He was joined by Supreme Court justices in WV.


Two West Virginia judges on the 4th Circuit Court of Appeals joined a fiery order concluding that a conflict over a man’s mistaken deportation to a megaprison must adhere to America’s rule of law.

The appeals judges declined to lift a judge’s order that the Trump administration ā€œfacilitateā€ the return of a sheet metal worker and father-of-three from Maryland who was removed from the United States through an ā€œadministrative error.ā€


Appeals judges from West Virginia join order: Due process requires return of man deported in error - WV MetroNews

WV is an extremely red state but they won't even side with Trump.
 
The 4th US Circuit Court of Appeals said in its seven-page ruling Thursday that the Trump administration’s assertions in the case ā€œshould be shocking not only to judges, but to the intuitive sense of liberty that Americans far removed from courthouses still hold dear.ā€

I'm shocked that the violent illegal alien criminal wasn't deported years ago.
I intuitively feel that Americans are fed up with this illegal alien bullshit.
 
If trump persists with this resistance it's going to bring down his regime. The time for congressional Repubs to stand up for the Constitution is upon us.

"It is difficult in some cases to get to the very heart of the matter, but in this case, it is not hard at all," Judge James Wilkinson, who was appointed by President Ronald Reagan, said in the order. "The government is asserting a right to stash away residents of this country in foreign prisons without the semblance of due process that is the foundation of our constitutional order."

"Further, it claims in essence that because it has rid itself of custody that there is nothing that can be done," he added.

Wilkinson wrote that the administration's position is shocking, "not only to judges, but to the intuitive sense of liberty that Americans far removed from courthouses still hold dear." The three judges agreed that Abrego Garcia is entitled to due process.
https://abcnews.go.com/US/trump-adm...ngly-deported-maryland-man/story?id=120822855
"The government asserts that Abrego Garcia is a terrorist and a member of MS-13. Perhaps, but perhaps not," the judges said. "Regardless, he is still entitled to due process. If the government is confident of its position, it should be assured that position will prevail in proceedings to terminate the withholding of removal order."

 
He had his due process in 2019 in immigration court, as Congress designed. He then appealed to BIA as Congress designed, and they upheld the immigration judge. He waived any further appeal. Furthermore, he was then issued an Order of Removal, which another immigration judge modified to not include El Salvador, but the reason he said he feared going back home no longer exists.
 
Reagan appointed judge slams Trump over his refusal to understand he is not above the law.


A federal appeals court rejected the Trump administration’s request that it halt the next steps Judge Paula Xinis is seeking to take in the case concerning a migrant who was wrongly deported to El Salvador, with a strident warning about the rule of law and the possibility the dispute presented an ā€œincipient crisis.ā€

The 4th US Circuit Court of Appeals said in its seven-page ruling Thursday that the Trump administration’s assertions in the case ā€œshould be shocking not only to judges, but to the intuitive sense of liberty that Americans far removed from courthouses still hold dear.ā€

The unanimous ruling was written by Judge Harvie Wilkinson, an appointee of former President Ronald Reagan.


Appeals court backs judge in Abrego Garcia case, saying Trump DOJ ā€˜would reduce the rule of law to lawlessness’

He was joined by Supreme Court justices in WV.


Two West Virginia judges on the 4th Circuit Court of Appeals joined a fiery order concluding that a conflict over a man’s mistaken deportation to a megaprison must adhere to America’s rule of law.

The appeals judges declined to lift a judge’s order that the Trump administration ā€œfacilitateā€ the return of a sheet metal worker and father-of-three from Maryland who was removed from the United States through an ā€œadministrative error.ā€


Appeals judges from West Virginia join order: Due process requires return of man deported in error - WV MetroNews

WV is an extremely red state but they won't even side with Trump.
So?
 
The Supreme Court’s decision remains, as always, our guidepost. That decision rightly requires the lower federal courts to give ā€œdue regard for the deference owed to the Executive Branch in the conduct of foreign affairs.ā€ Noem v. Abrego Garcia, No. 24A949,slip op. at 2 (U.S. Apr. 10, 2025); see also United States v. Curtiss-Wright Exp. Corp., 299U.S. 304, 319 (1936). That would allow sensitive diplomatic negotiations to be removed from public view. It would recognize as well that the ā€œfacilitationā€ of Abrego Garcia’s return leaves the Executive Branch with options in the execution to which the courts in accordance with the Supreme Court’s decision should extend a genuine deference. That decision struck a balance that does not permit lower courts to leave Article II by the wayside.

The Supreme Court’s decision does not, however, allow the government to do essentially nothing. It requires the government ā€œto ā€˜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.ā€ Abrego Garcia, supra, slip op. at 2. ā€œFacilitateā€ is an active verb. It requires that steps be taken as the Supreme Court has made perfectly clear. See Abrego Garcia, supra, slip op. at 2 (ā€œ[T]he Government should be prepared to share what it can concerning the steps it has taken and the prospect of further steps.ā€). The plain and active meaning of the word cannot be diluted by its constriction, as the government would have it, to a narrow term of art. We are not bound in this context by a definition crafted by an administrative agency and contained in a mere policy directive.

 
The government asserts that Abrego Garcia is a terrorist and a member of MS-13. Perhaps, but perhaps not. Regardless, he is still entitled to due process.

I agree, he deserves every minute of the 5-minute hearing he should get.
Followed by immediate deportation.

Which would have been non controversial but Trump simply can not do things correctly.
 
A federal appeals court rejected the Trump administration’s request that it halt the next steps Judge Paula Xinis is seeking to take in the case concerning a migrant who was wrongly deported to El Salvador
He's not an F'ing "migrant" he's a law breaking filthy POS wife beating ILLEGAL ordered deported by two courts.
 
Reagan appointed judge slams Trump over his refusal to understand he is not above the law.


A federal appeals court rejected the Trump administration’s request that it halt the next steps Judge Paula Xinis is seeking to take in the case concerning a migrant who was wrongly deported to El Salvador, with a strident warning about the rule of law and the possibility the dispute presented an ā€œincipient crisis.ā€

The 4th US Circuit Court of Appeals said in its seven-page ruling Thursday that the Trump administration’s assertions in the case ā€œshould be shocking not only to judges, but to the intuitive sense of liberty that Americans far removed from courthouses still hold dear.ā€

The unanimous ruling was written by Judge Harvie Wilkinson, an appointee of former President Ronald Reagan.


Appeals court backs judge in Abrego Garcia case, saying Trump DOJ ā€˜would reduce the rule of law to lawlessness’

He was joined by Supreme Court justices in WV.


Two West Virginia judges on the 4th Circuit Court of Appeals joined a fiery order concluding that a conflict over a man’s mistaken deportation to a megaprison must adhere to America’s rule of law.

The appeals judges declined to lift a judge’s order that the Trump administration ā€œfacilitateā€ the return of a sheet metal worker and father-of-three from Maryland who was removed from the United States through an ā€œadministrative error.ā€


Appeals judges from West Virginia join order: Due process requires return of man deported in error - WV MetroNews

WV is an extremely red state but they won't even side with Trump.
The rule of law means nothing to the tRumplings.
 
Reagan appointed judge slams Trump over his refusal to understand he is not above the law.


A federal appeals court rejected the Trump administration’s request that it halt the next steps Judge Paula Xinis is seeking to take in the case concerning a migrant who was wrongly deported to El Salvador, with a strident warning about the rule of law and the possibility the dispute presented an ā€œincipient crisis.ā€

The 4th US Circuit Court of Appeals said in its seven-page ruling Thursday that the Trump administration’s assertions in the case ā€œshould be shocking not only to judges, but to the intuitive sense of liberty that Americans far removed from courthouses still hold dear.ā€

The unanimous ruling was written by Judge Harvie Wilkinson, an appointee of former President Ronald Reagan.


Appeals court backs judge in Abrego Garcia case, saying Trump DOJ ā€˜would reduce the rule of law to lawlessness’

He was joined by Supreme Court justices in WV.


Two West Virginia judges on the 4th Circuit Court of Appeals joined a fiery order concluding that a conflict over a man’s mistaken deportation to a megaprison must adhere to America’s rule of law.

The appeals judges declined to lift a judge’s order that the Trump administration ā€œfacilitateā€ the return of a sheet metal worker and father-of-three from Maryland who was removed from the United States through an ā€œadministrative error.ā€


Appeals judges from West Virginia join order: Due process requires return of man deported in error - WV MetroNews

WV is an extremely red state but they won't even side with Trump.
RINO!
 
He had his due process in 2019 in immigration court, as Congress designed. He then appealed to BIA as Congress designed, and they upheld the immigration judge. He waived any further appeal. Furthermore, he was then issued an Order of Removal, which another immigration judge modified to not include El Salvador, but the reason he said he feared going back home no longer exists.
He's in more danger, the gang members proven to the judge, to be after him when he was 16 and escaped to America, are now all in the same prison they have him in..... :eek:
 
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