The Real Story: Kilmar Agrego Garcia

8 USC 1229 states as follows:

(d) Prompt initiation of removal​

(1) In the case of an alien who is convicted of an offense which makes the alien deportable, the Attorney General shall begin any removal proceeding as expeditiously as possible after the date of the conviction.

It was Obama's job to DEPORT this individual after the very first deportation order, and he failed.
Well that was Obama's fault, wasn't it? Also Biden's too?

But even still, that doesn't change the facts of the matter.
 
Horseshit.

8 USC 1231 states as follows:

A) In general​

Notwithstanding paragraphs (1) and (2), the Attorney General may not remove an alien to a country if the Attorney General decides that the alien's life or freedom would be threatened in that country because of the alien's race, religion, nationality, membership in a particular social group, or political opinion

Note the bolded and underlined part. Specifically not some dumbass immigration judge. Who isn't even a real judge, just an administrator.

8 CFR 1208 16C refers to TORTURE. There is zero evidence of torture in any of these cases.

Thanks for playing.

Care to try again?
Sorry, but that has been delegated to the judges. When has the Attorney General ever intervened to withhold removal of an illegal? Not for the better part of 40 years.

You ignore the precept of delegated authority.

In 1983, Attorney General William French Smith established the EOIR, or the Executive Office for Immigration Review, to formalize the authority of judges to review and issue decisions on immigration cases, specifically under regulations 8 C.F.R. § 1208.16(b) and 8 C.F.R. § 1003.1.

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You fought valiantly, but you lose, my friend. Now, I'm going to finish watching the Pope's funeral.
 
Sorry, but that has been delegated to the judges. When has the Attorney General ever intervened to withhold removal of an illegal? Not for the better part of 40 years.

You ignore the precept of delegated authority.

In 1983, Attorney General William French Smith established the EOIR, or the Executive Office for Immigration Review, to formalize the authority of judges to review and issue decisions on immigration cases, specifically under regulations 8 C.F.R. § 1208.16(b) and 8 C.F.R. § 1003.1.

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You fought valiantly, but you lose, my friend. Now, I'm going to finish watching the Pope's funeral.
The point is, administrative judges do no supersede the Attorney General.

I win. I was actually educated in Constitutional law, by one of the best. I never lose.
 
The point is, administrative judges do no supersede the Attorney General.

I win. I was actually educated in Constitutional law, by one of the best. I never lose.
What the fuck is this new “administrative” judge thing?

It’s not a real thing
 
its these guys he means.....
Read what that is. It’s not what you claim

Dugan… not an administrative law judge

The judge was granted Garcia protection from deportation to El Salvador was and he operated under the authority of the Attorney General

TRUMP’S Attorney General
 
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Read what that is. It’s not what you claim

Dugan… not an administrative law judge

The judge was granted Garcia protection from deportation to El Salvador was and he operated under the authority of the Attorney General

TRUMP’S Attorney General
i didnt claim nothing im saying i believe these are the type of judges he was talking about...
 
Here are real facts.....When they arrested Garcia he had rolls of cash and drugs. He was arrested with two other members of MS-13. More here:


"When arrested, he was wearing a sweatshirt with roles of money covering the ears, mouth, and eyes of presidents on various currency denominations. This is a known MS-13 gang symbol of see no evil, hear no evil, say no evil."

"Two judges found that he was a member of MS-13. That finding has not been disturbed."

"He claimed fear of being returned to El Salvador because he would be persecuted by MS-13's rival gang, Barrio-18."

"Jennifer Vasquez, Garcia’s wife, petitioned for an order of protection against him. She claimed he punched her, scratched her, and ripped off her shirt, and bruised her."

And all of a sudden you people are all for believing everything that comes from feds? :auiqs.jpg:

The "History of violence is thin" as Donald Trump himself was accused of worse by his own wife.
In a legal deposition, under oath Ivana Trump described a sexual assault that she said occurred shortly after her husband’s scalp-reduction surgery. She claimed that Trump pushed her to the floor and pulled out handfuls of her hair. Ivana described what followed as a rape.

The informant?


Myself, I have yet to take a stand on whether the man is a 'gang' member (doesn't look to be one - no arrests), but I do know the Trump Administration admitted they made a mistake
 
Where's the evidence supporting this claim of his life being in danger in his home country?
Search for it, yourself kitty....you don't believe the court, you want to know why the court ruled the way they did, you do the search for your own curiosity or skepticism of the court ruling.
 
Here are real facts.....When they arrested Garcia he had rolls of cash and drugs. He was arrested with two other members of MS-13. More here:


"When arrested, he was wearing a sweatshirt with roles of money covering the ears, mouth, and eyes of presidents on various currency denominations. This is a known MS-13 gang symbol of see no evil, hear no evil, say no evil."

"Two judges found that he was a member of MS-13. That finding has not been disturbed."

"He claimed fear of being returned to El Salvador because he would be persecuted by MS-13's rival gang, Barrio-18."

"Jennifer Vasquez, Garcia’s wife, petitioned for an order of protection against him. She claimed he punched her, scratched her, and ripped off her shirt, and bruised her."
The report says he had no MS13 TATOOS.....???? SO I guess his finger tattoos is not MS 13 as Trump claimed.

The report had no criminal record on Kilmar Garcia, or gang record at the time, where with two of the other guys arrested they did....He didnt have rolls of cash, he wore a sweatshirt with pictures of rolls of cash and bulls hat....and some anonymous police informant who was never questioned by the judges, that said he was part of the new York ms13 gang, where Garcia said he's never been....according to Garcia's lawyer. Garcia claims he goes to that home depot every day for work as a day laborer and the other guys there along with others, do so also.

None of this evidence is strong....it is so so weak it could never in a million years be used in a trial as evidence imho.

He might have been in a gang, he might not have been....is that really enough in your mind to send a person to prison in elsalvador forever, when they had not been charged with a crime deserving of a life sentence in prison in either the USA or in ElSalvador? Let alone been convicted of a crime?

And that's not even discussing that there was a COURT PROTECTION ORDER, that prevented authorities from deporting him to ElSalvador that was defied by the trump admin....

They could have deported him to any other country, they chose to defy the Court order and are still defying it.

And THAT is not right...the admin should follow the law.
 
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The report says he had no MS13 TATOOS.....???? SO I guess his finger tattoos is not MS 13 as Trump claimed.

The report had no criminal record on Kilmar Garcia, or gang record at the time, where with two of the other guys arrested they did....He didnt have rolls of cash, he wore a sweatshirt with pictures of rolls of cash and bulls hat....and some anonymous police informant who was never questioned by the judges, that said he was part of the new York ms13 gang, where Garcia said he's never been....according to Garcia's lawyer. Garcia claims he goes to that home depot every day for work as a day laborer and the other guys there along with others, do so also.

None of this evidence is strong....it is so so weak it could never in a million years be used in a trial as evidence imho.

He might have been in a gang, he might not have been....is that really enough in your mind to send a person to prison in elsalvador forever, when they had not been charged with a crime deserving of a life sentence in prison in either the USA or in ElSalvador? Let alone been convicted of a crime?

And that's not even discussing that there was a COURT PROTECTION ORDER, that prevented authorities from deporting him to ElSalvador that was defied by the trump admin....

They could have deported him to any other country, they chose to defy the Court order and are still defying it.

And THAT is not right...the admin should follow the law.
He can move in with your ass. You virtue-signaling fake bleeding heart.
 
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Where's the evidence supporting this claim of his life being in danger in his home country?
He says he fears a rival gang in El Salvador. But yeah, he's not a gang member, just a 'Maryland Dad' who hangs with MS-13, has MS-3 tats, was driving a gang member owned car with 8 unidentified men that all gave his (Garcia's) address. During the Biden immigration era, they let them go. Oh yeah, Garcia's DL was expired.
 
He says he fears a rival gang in El Salvador. But yeah, he's not a gang member, just a 'Maryland Dad' who hangs with MS-13, has MS-3 tats, was driving a gang member owned car with 8 unidentified men that all gave his (Garcia's) address. During the Biden immigration era, they let them go. Oh yeah, Garcia's DL was expired.
A. He was arrested at a Home Depot with three other guys. Supposedly one or more of of those guys was a gang member. The mere fact of standing on a place is not evidence that he was “affiliated “ with them. That’s like claiming you are a gang member because you waited at a bus stop and the guy next you was a gang member.
B.He does not have gang tats. He has a pot leaf. A cross. A skull. MILLIONS of people have those tats .
C. The car he was driving was NOT owned by a gang member
D. Expired DLs are not an indicator of gang membership

Stop lying
 
And that's not even discussing that there was a COURT PROTECTION ORDER, that prevented authorities from deporting him to ElSalvador that was defied by the trump admin....
They could have deported him to any other country, they chose to defy the Court order and are still defying it.
And THAT is not right...the admin should follow the law.
You can squawk about this all you want, but...
He's not coming back (to be deported again) unless the President of El Salvador releases him.
That's -his- call.
 
It's not customary when the order forbade his deportation to El Salvador.

SCOTUS cited 8 U.S.C. § 1231(b)(3) in it's 9-0 ruling ordering the US to facilitate his return, saying he needed his due process by appearing before an immigration judge and given proper notice of removal. It also stated that the government did violate a standing order of withholding of removal.

The government never terminated the order, and to terminate the order, the government must provide grounds for termination, and if granted, give another hearing to the person in question.
PErhaps you should read the withholding order, It prohibited his deportation to Guatamala
 
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