why don't federal judges order senators to bring back garcia to the usa?

[meaner gene]

Post the order…

The best I can do is find the USSC's reading of the order

The immigration judge ordered withholding of removal on October 10, 2019. SA014. The judge found Abrego Garcia “credible,” observing that his “testimony was internally consistent, externally consistent” with the “substantial documentation,” and “appeared free of embellishment.” SA005. The judge further found that there was “a clear probability of future persecution” if Abrego Garcia returned to El Salvador. SA008. The judge therefore ordered that Abrego Garcia had the “right not to be deported” to El Salvador under 8 U.S.C. §1231(b)(3)(A). SA006; SA014.

 

[Seymour Flops]

One of that Senators constituents was unfairly imprisoned without due process

He has a Dog in the Fight

I'm glad to see you admit that illegal aliens vote.

No wonder Dems are so desperate to keep them here.

 

[meaner gene]

You mean the democrat Senators MS-13 Illegal Alien wife beating human trafficking constituent

Even a person convicted of 34 felonies gets representation.

 

[Orangecat]

Nope. Trump's "remain in Mexico" is the answer. Give them hearing dates, and then deport them until then.

Agreed, but, if they’re caught within our borders, arrest and temporary incarceration are necessary to get them back to Mexico.

 

[meaner gene]

I'm glad to see you admit that illegal aliens vote.

Not at all. He is still a constituent, since representation in congress based on an enumeration of the population includes all residents, at the time of the census. Even foreign tourists.

 

[Seymour Flops]

Not at all. He is still a constituent, since representation in congress based on an enumeration of the population includes all residents, at the time of the census. Even foreign tourists.

By Allah!

Have to re-explain the wheel to lefties every time.

 

[meaner gene]

By Allah!

Have to re-explain the wheel to lefties every time.

View attachment 1101506

3 out of 4 (including top definition) does not require a constituent have the ability to vote.

 

[Meathead]

One of that Senators constituents was unfairly imprisoned without due process

He has a Dog in the Fight

Yes because every senator flies to every country one of his illegal residence gets imprisoned.

 

[j-mac]

I can post the record of the order

NOEM v. ABREGO GARCIA

www.law.cornell.edu

The Government remains bound by an Immigration Judge’s 2019 order expressly prohibiting Abrego Garcia’s removal to El Salvador because he faced a “clear probability of future persecution” there and “demonstrated that [El Salvador’s] authorities were and would be unable or unwilling to protect him.” App. to Application To Vacate Injunction 13a. The Government has not challenged the validity of that order.

That doesn’t prohibit his deportation, only to El Salvador, at the time in 2019.

Now, he’s told Senator Van Hollen that he’s not afraid of anywhere in Central America…

Now, I will concede that ICE made a mistake in the location, so, they could move him, or request he be moved, but he’s in El Salvador’s custody now. It’s up to them…He’s not coming back here..

 

[meaner gene]

That doesn’t prohibit his deportation, only to El Salvador, at the time in 2019.

Now, he’s told Senator Van Hollen that he’s not afraid of anywhere in Central America…

Now, I will concede that ICE made a mistake in the location, so, they could move him, or request he be moved, but he’s in El Salvador’s custody now. It’s up to them…He’s not coming back here..

He has to come back, in order to get his "due process" before being deported.

That's the law.
That's what the USSC said.

 

[Meister]

Trump should bill the DNC if any taxpayer money is spent on a junket to El Salvador.

What do you mean "if"? That's a given with the use of taxpayers money.
Probably the night life too.

 

[j-mac]

He has to come back, in order to get his "due process" before being deported.

That's the law.
That's what the USSC said.

No, they actually didn’t…the said facilitate, that doesn’t mean bring him back, that means talk to El Salvador and see if they’ll return him…If they say no, it’s over.

 

[rightwinger]

Yes because every senator flies to every country one of his illegal residence gets imprisoned.

Yes
If he cares for our laws and that his constituents are not abused by our Government

 

[meaner gene]

No, they actually didn’t…the said facilitate, that doesn’t mean bring him back, that means talk to El Salvador and see if they’ll return him…If they say no, it’s over.

The USSC said Garcia had to return to the US to get his "due process" that was illegally denied.
The court ordered the US to "facilitate" his return, rather than to effectuate his return.
As the court can't order the control of events outside of their jurisdiction.

 

[rightwinger]

No, they actually didn’t…the said facilitate, that doesn’t mean bring him back, that means talk to El Salvador and see if they’ll return him…If they say no, it’s over.

Lets see if SCOTUS is willing to accept that as a legitimate effort.

Gee Judge, I asked, he said no
Meanwhile Trump continues to pay El Salvador

 

[Meathead]

Yes
If he cares for our laws and that his constituents are not abused by our Government

Bleeding hearts for foreign thugs (or any thugs at all for that matter) is beyond me, but then I'm not that self-righteous.

 

[Seymour Flops]

He has to come back, in order to get his "due process" before being deported.

That's the law.
That's what the USSC said.

The USSC hedged their bet, very wisely.

They did not uphold the lower court judge's order to "affectuate" the "return," but only to "facilitate" any such "return."

If El Salvador decided to put him on a plane, the U.S. is under order to help him come to the United States, and I believe that an offer has been made to send a plane for him. If El Salvador wants to release him. In that extremely unlikely event, the order is to give him the same due process he would be entitled to if he had not been sent to El Salvador.

That due process would be quick. Just a newly appointed immigration judge upholding previous courts' rulings that he is subject to deportation, lifting any restriction as to where, and sending him right back home.

The USSC will never - NEVER - require that he be released as a free man in the U.S. To do so would invite their mass impeachments, if not right away, as soon as this guy beat his wife again, or got caught (again) trafficking illegal migrants for MS13.

Or Allah forbid, raped and killed another woman as so many of his brother gang bangers have done.

 

[Muhammed]

The 5th amendment is just like the 1st amendment.

It protects all, not just those we agree with.

His 5th amendment rights we not infringed upon in any way shape or form. His deportation is the result of due process.

 

[toobfreak]

That would be a historic moment - an American federal judge ordering a foreign country to release a terrorist from their prison system, smuggle him into the US, and ordering US authorities to illegally admit him into the country, where his presence would be a crime.

Well, if democrats were right there sitting at the table with Garcia sipping margaritas with him and didn't bring him home, didn't negotiate for his release or at least try to break him out, then what can they expect from Trump!

The very least the democrats could have done is to offer to trade that democrat from Maryland for Garcia.

In fact, that might be a good deal, let's trade the whole democrat party for a bunch of gang bangers from El Salvador--- we would be getting the better end of the bargain.

 

[Frankenstein]

Trump should bill the DNC if any taxpayer money is spent on a junket to El Salvador.

Yeah, well you know that senator didn't pay his own way!