US Supreme Court : Agrees with the President : MS13 gangster Kilmar Abrego Garcia must stay in El Salvador's SuperMax

[excalibur]

Do people have a right to defend themselves against the accusation that they’re a member of such organization?

He had his chance in 2019 and offered no proof that he wasn't.

 

[BluesLegend]

No, they did not.

This is an administrative stay, intended to order the lower court to pause (not drop) the matter.

So the Dem shill judge was ***** slapped down, like the loser she is.

 

[excalibur]

If accused but not shown to be, yes it does. Like I have said, I really don't have objections to actual gang members deported to some hellhole off continent location, but non-gang member legal residents, is something else. If you aren't a gang member, you should have opportunity to be heard, and the government should have to show why they think you are a gang member. In the case in the news, the fully employed legal resident since 2011, father of three, married to an American Citizen, does not appear to have any gang associations. Mistakes happen. When they do, they should be corrected. It would be better if they followed the law, though not as quick and not as showy as snatching off the street and hustling to an airplane.

Garcia was at no time a legal resident. He has an Order of Removal since 2019, and admitted he entered illegally back then.

 

[Marener]

He had his chance in 2019 and offered no proof that he wasn't.

Link to the decision please.

 

[excalibur]

Link to the decision please.

It is in the government's filings; he was adjudicated MS-13 by the immigration court and on appeal it was upheld.

Ensuing proceedings established that Abrego Garcia was a ranking member of
the deadly MS-13 gang and thus presented a danger to the community. Soon after
he was detained, Abrego Garcia requested a bond hearing before an immigration
judge (IJ). App., infra, 1a.

At the hearing, DHS presented evidence that Abrego
Garcia had been “arrested in the company of other ranking gang members” and had
been “confirmed to be a ranking member of the MS-13 gang by a proven and reliable
source.” Id. at 2a.

The IJ agreed that the “evidence show[ed] that [Abrego Garcia] is
a verified member of MS-13.” Ibid. The IJ specifically cited “the fact that a ‘past,
proven, and reliable source of information’ [had] verified [Abrego Garcia’s] gang mem-
bership, rank, and gang name.” Id. at 3a. And the IJ noted that Abrego Garcia had
“failed to present evidence to rebut th[e] assertion” that he “is a gang member.” Ibid.

Given Abrego Garcia’s MS-13 membership, the IJ determined that Abrego Garcia had
“failed to meet his burden of demonstrating that his release from custody would not6
pose a danger to others.” Id. at 2a. The IJ thus denied his request for release on
bond. Id. at 3a. The Board of Immigration Appeals (Board) affirmed, explaining that
the IJ had “appropriately considered allegations of gang affiliation against [Abrego
Garcia] in determining that he has not demonstrated that he is not a danger to prop-
erty or persons.”​

https://www.supremecourt.gov/DocketPDF/24/24A949/354843/20250407103341248_Kristi%20Noem%20application.pdf

 

[Zincwarrior]

April 7 (Reuters) - The U.S. Supreme Court temporarily halted on Monday a judge's order requiring President Donald Trump's administration to return by the end of the day a Salvadoran man who the government has acknowledged was deported in error to El Salvador.
Chief Justice John Roberts, acting on behalf of the court, paused the order by U.S. District Judge Paula Xinis that the administration return Kilmar Abrego Garcia by the end of Monday, in response to a lawsuit filed by the man and his family challenging the legality of his deportation.

https://www.reuters.com/world/us/us-facing-monday-deadline-return-wrongly-deported-maryland-man-el-salvador-2025-04-07/

Title is a lie. No link to MS 13.

 

[Marener]

It is in the government's filings; he was adjudicated MS-13 by the immigration court ad on appeal it was upheld.

That’s not true. The government said he was in MS-13 because he wore a Chicago bulls cap.

That’s it.

You guys are out of your minds.

 

[Winston]

I'd like to know how, this clown is an ILLEGAL with no right to be in OUR country and is now back in his home country under their laws and leaders. Imagine if we demanded the UK send us one of their citizens.

What part of being here legally, with a work permit, do you not understand? Right there in the article. And it ain't easy getting a work permit while seeking asylum, which is probably what is keeping him from deportation. But specifically, no deportation to El Salvador.

And from my understanding, the government's position is, whoops, my bad. But too late, it is in El Salvador's hands now. I mean just how far are we willing to sink?

 

[LAUGHatLEFTISTS]

Most judges don't have that much emotional attachment to their rulings. It's just the business of the law.

Leftists have an emotional attachment to everything.

 

[Contumacious]

Who defines what constitutes an emergency?

The Honorable DONALD JOHN TRUMP

emergency powers act - Bing

Intelligent search from Bing makes it easier to quickly find what you’re looking for and rewards you.

www.bing.com

he Act empowers the President to activate special powers during a crisis

 

[Edgetho]

If accused but not shown to be, yes it does. Like I have said, I really don't have objections to actual gang members deported to some hellhole off continent location, but non-gang member legal residents, is something else. If you aren't a gang member, you should have opportunity to be heard, and the government should have to show why they think you are a gang member. In the case in the news, the fully employed legal resident since 2011, father of three, married to an American Citizen, does not appear to have any gang associations. Mistakes happen. When they do, they should be corrected. It would be better if they followed the law, though not as quick and not as showy as snatching off the street and hustling to an airplane.

It wouldn't surprise me if he got rolled up along with some MS-13 monsters at the same time.

We have a ton of Illegals where I live. Some of them do work for us. They know not to hang with Gang-bangers and such. And nobody bothers them. Or anybody else that isn't a scumbag.

I'd bet a beer I'm right. You're buying.

 

[WelfareQueen]

Ok. So the Supremes want more time to consider it, rather than the time being tonight at midnight.

Sometimes you need to break a few eggs to accomplish a goal.

 

[TimFitz]

The Fourth Circuit, which earlier today denied a stay, lied in part in their opinion on the request. They claimed he [Garcia] was here legally, when he has been adjudicated as an illegal alien and has admitted he entered illegally. Thus, the Order of Removal handed down in 2019 which order is still valid.

Indeed, the original request for relief in District Court was nothing like that which the court ordered, and now we have this whopper from the Fourth Circuit.

Garcia is not lawfully present in the United States.

24A949 Abrego Garcia Letter FINAL

www.documentcloud.org

You ought to read your own link.

First of all, this is a filing on behalf of Abrego Garcia.

The order of 2019, frequently referenced in the document does not order his removal.

Oh, and the government has already admitted that they were wrong.

Why can’t they just ask El Salvador to return him?

Had they done so a week ago this would have been over for days in the press.

Instead, we get no explanations and stonewalling.

It’s utterly stupid.

Or maybe it could be because Alberto Garcia was murdered shortly after getting on the plane.

I don’t know if that happened. But it is a plausible explanation for the Trump regieme’s obstinance.

Stupidity, equally plausible, i sone of the others.

 

[Marener]

he Act empowers the President to activate special powers during a crisis

There’s no crisis.

 

[excalibur]

That’s not true. The government said he was in MS-13 because he wore a Chicago bulls cap.

That’s it.

You guys are out of your minds.

Again:

​

Ensuing proceedings established that Abrego Garcia was a ranking member of​

the deadly MS-13 gang and thus presented a danger to the community. Soon after​

he was detained, Abrego Garcia requested a bond hearing before an immigration​

judge (IJ). App., infra, 1a. ​

​

At the hearing, DHS presented evidence that AbregoGarcia had been “arrested in the company of other ranking gang members” and had been “confirmed to be a ranking member of the MS-13 gang by a proven and reliable source.” Id. at 2a. (emphasis added)​

​

The IJ agreed that the “evidence show[ed] that [Abrego Garcia] is​

a verified member of MS-13.” Ibid. The IJ specifically cited “the fact that a ‘past,​

proven, and reliable source of information’ [had] verified [Abrego Garcia’s] gang mem-​

bership, rank, and gang name.” Id. at 3a.​

​

And the IJ noted that Abrego Garcia had “failed to present evidence to rebut th[e] assertion” that he “is a gang member.” Ibid. Given Abrego Garcia’s MS-13 membership, the IJ determined that Abrego Garcia had “failed to meet his burden of demonstrating that his release from custody would not6​

pose a danger to others.” Id. at 2a. ​

​

The IJ thus denied his request for release on​

bond. Id. at 3a. The Board of Immigration Appeals (Board) affirmed, explaining that​

the IJ had “appropriately considered allegations of gang affiliation against [Abrego​

Garcia] in determining that he has not demonstrated that he is not a danger to prop-​

erty or persons.” Id. at 5a.​

​

In October 2019, after Abrego Garcia had “conceded his removability as​

charged,” an IJ ordered Abrego Garcia’s removal from the United States under Title​

8. App., infra, 7a; see id. at 60a.​

https://www.supremecourt.gov/DocketPDF/24/24A949/354843/20250407103341248_Kristi%20Noem%20application.pdf

​

 

[BrokeLoser]

And from my understanding, the government's position is, whoops, my bad. But too late, it is in El Salvador's hands now. I mean just how far are we willing to sink?

“Sink”?…..WTF are you kidding…We sunk lower than whale shit when your crypt keeper begged 10 million more cockroaches to invade, to maim, rape and murder our daughters…That’s never been done before.

 

[Concerned American]

They filed cases in DC. It’s not like Trump suing CBS in Galveston Texas.

Trump lawsuit over CBS editing raises issue of judge-shopping

The ex-president’s filing in Texas concerning a “60 Minutes” segment could be a venue stretch. How far can a lawyer reasonably argue that a particular court is the right place to litigate?

www.legaldive.com

Apples and Oranges. CBS broadcasts in Galveston, TX so it affected that district. A lower court in HI has no jurisdiction over a case in another district---standing.

 

[Marener]

Again:

​

Ensuing proceedings established that Abrego Garcia was a ranking member of​

the deadly MS-13 gang and thus presented a danger to the community. Soon after​

he was detained, Abrego Garcia requested a bond hearing before an immigration​

judge (IJ). App., infra, 1a. ​

​

At the hearing, DHS presented evidence that Abrego​

Garcia had been “arrested in the company of other ranking gang members” and had​

been “confirmed to be a ranking member of the MS-13 gang by a proven and reliable​

source.” Id. at 2a. ​

​

The IJ agreed that the “evidence show[ed] that [Abrego Garcia] is​

a verified member of MS-13.” Ibid. The IJ specifically cited “the fact that a ‘past,​

proven, and reliable source of information’ [had] verified [Abrego Garcia’s] gang mem-​

bership, rank, and gang name.” Id. at 3a.​

​

And the IJ noted that Abrego Garcia had “failed to present evidence to rebut th[e] assertion” that he “is a gang member.” Ibid. Given Abrego Garcia’s MS-13 membership, the IJ determined that Abrego Garcia had “failed to meet his burden of demonstrating that his release from custody would not6​

pose a danger to others.” Id. at 2a. ​

​

The IJ thus denied his request for release on​

bond. Id. at 3a. The Board of Immigration Appeals (Board) affirmed, explaining that​

the IJ had “appropriately considered allegations of gang affiliation against [Abrego​

Garcia] in determining that he has not demonstrated that he is not a danger to prop-​

erty or persons.” Id. at 5a.​

​

In October 2019, after Abrego Garcia had “conceded his removability as​

charged,” an IJ ordered Abrego Garcia’s removal from the United States under Title​

8. App., infra, 7a; see id. at 60a.​

https://www.supremecourt.gov/DocketPDF/24/24A949/354843/20250407103341248_Kristi%20Noem%20application.pdf

​

They’re full of shit.

He never even got a chance to confront the accuser. That’s not justice.

 

[Marener]

Apples and Oranges. CBS broadcasts in Galveston, TX so it affected that district. A lower court in HI has no jurisdiction over a case in another district---standing.

What does Trump do in Galveston?

 

[LAUGHatLEFTISTS]

That’s not true. The government said he was in MS-13 because he wore a Chicago bulls cap.

That’s it.

You guys are out of your minds.

Who told you that? Whoppe and Behar?