The Garcia/El Salvador Case, Stayed by the Chief Justice, Now Remanded Back to District Court for Clarification

[excalibur]

Stayed by SCOTUS, now remanded back to District Court for clarification.

The Court is not happy with the use of "effectuate" by the District Court judge.

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.​

Docket for 24A949

 

[kyzr]

So the USSC ruling didn't clear up anything.
1. The district judge may have encroached on presidential authority
2. El Salvador may have crimes against Abreo and not want to release him
3. WTF does "effectuate" mean in the court's order?

 

[kyzr]

Stayed by SCOTUS, now remanded back to District Court for clarification.
The Court is not happy with the use of "effectuate" by the District Court judge.

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 Garcia case was brought in the wrong venue.

Dem-Appointed Federal Judges Are The Big Losers At Supreme Court This Week

The Supreme Court has struck down orders issued by Democrat-appointed district court judges five times in the past week. Without addressing the merits of the issues — which include consequential questions about immigration, funding and the president’s authority to remove agency officials — the...

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In a 5-4 decision, the majority also permitted the administration to enforce the Alien Enemies Act of 1789, a wartime authority that allows the president to remove citizens of a hostile nation, to deport alleged members of the Tren de Aragua gang to El Salvador. The majority blocked the order issued by D.C. District Court Chief Judge James Boasberg because the case was brought in the wrong venue, but stressed that detainees are still entitled to judicial review.

 

[excalibur]

The left, no surprise here.

 

[The Duke]

Stayed by SCOTUS, now remanded back to District Court for clarification.

The Court is not happy with the use of "effectuate" by the District Court judge.

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.​

Docket for 24A949

Now told to fuck off by El Salvador.

 

[EvilCat Breath]

There should be a hearing on whether the original deportation order should have been overruled. Garcia isn't necessary for that.