Trump administration concedes Maryland father from El Salvador was mistakenly deported

1. He is a Salvadorian citizen
2. He is MS13
3. Gang affiliation invalidated his U.S. residency. No criminal offense is necessary.
4. His gang affiliation was established by an immigration court back in 2019. The deportation itself is legal.
5. The United States has no authority to forcibly bring him back.
6. Boasberg's order is frivolous. Thread by @ProfMJCleveland on Thread Reader App

 

I agree only in the sense the focus shouldn’t all be on this one guy, there are nearly 200 in similar circumstances and a few international students seeing their constitutional rights violated as well. Granted he is probably the one most brazenly denied due process to the point the Supreme Court ruled 9-0 in his favor.

 

True.

No real evidence of that. Most MS 13 members have long criminal records. As of now, the evidence of this appears to be that he wore a Chicago bulls hat and that a crooked cop put in a report that he was a member of the MS 13 clique from Long Island, a place he never lived.

That is false. He was granted legal protection from deportation to El Salvador after the gang affiliation paperwork had been completed. The judge in that case found the evidence of his alleged affiliation was not compelling.

False. The court only weighed it as evidence for bond. A court later ruled that the evidence of gang affiliation was not compelling and that the evidence that he would be endangered if he was deported to El Salvador was compelling. As such, he was granted protection from deportation to the only country that he could be legally deported.

Stop paying for his and the other prisoners confinement. State that our gulag deal is over if they don't send him back. I have a lot of confidence that he will be sent back at that point. As of now, the Trump administration is playing games with this. They are attempting to create a sphere in which the law does not apply. These folks have mostly not been legally deported as they can't be legally deported to a third country (in the case of the Venezuelans) or to a country in which an immigration judge has ruled that he can't be deported (in Garcia's case).

The judge in this case is not Judge Boasberg, but rather Judge Xinis. He was taken from Maryland, not DC. They are in different districts.

 

So if I understand your logic anybody who was ever arrested or charged with anything due to a report of any kind from this cop should be released immediately?

 

Garcia was not charged with anything. But CI information from the crooked cop should absolutely be viewed as more suspect given his lack of ethics. CI information has a level of trust in the reporting officer attached to it. They are the ones charged with vetting the CI and their information prior to an indictment (which never came).

 

Only problem is that his alleged MS13 gang affiliation was based on a single source, an anonymous confidential informant and neither the informant himself nor the detective who questioned him were ever cross examined by attorneys representing Ábrego García. And if you actually think that Bukele would refuse to return Ábrego García to the US if requested by the Trump Administration you're more gullible that I thought.

 

No, but no one should be detained indefinitely based on solely on a statement of a cop who himself relied on a confidential informant neither of whom have ever been subject to cross examination by the attorneys representing the alleged criminal.

 

I understand he is being held by El Salvador as a US prisoner for violating US law, not as a prisoner of El Salvador. The US absolutely has the right to demand release of its prisoner back into US custody.

 

I have no idea if this cop was “crooked”. Haven’t read about that.

But when a cop or prosecutor is found to be crooked (doing things like planting evidence or lying) they absolutely should revisit old cases they were involved in. The legal system doesn’t overturn convictions immediately, but it is grounds for appeal at least. Of course that is AFTER a conviction in a court of law. After due process finds them guilty, there would be another layer of due process once evidence or testimony used to convict is called into doubt. The ultimate issue here is the lack of due process at all.

 

FYI. Although irrelevant as far as Albrego Garcia is concerned it does go directly to his credibility.
Cop Behind MS-13 Dad Claim Was Convicted of Sex Worker Scandal
The police detective who accused a mistakenly deported Maryland dad of being a member of the gang MS-13 was suspended days later for leaking confidential information to a woman he was paying for sex.

In Abrego Garcia’s complaint, his attorneys wrote that they were never able to cross-examine the police detective who wrote the report because he was suspended soon after he interviewed Abrego Garcia. His allegation is the only evidence the government has ever produced to support its MS-13 claim.

The complaint doesn’t say who the detective was or why he or she was suspended. But a report from The New Republic has revealed him to be a 10-year police veteran named Ivan Mendez.

Mendez was suspended on April 3, 2019 for “providing information to a commercial sex worker who he was paying in exchange for sexual acts,” the department announced in a press release at the time.

 

A short time after the report was filed, the cop was suspended for apparently telling a prostitute from whom he regularly purchased service all about his investigations, including confidential information. He was then prosecuted for this, found guilty, and fired. That makes the arresting officers criminal record longer than Garcia's.

 

I don't think there is a lot of doubt whether Garcia is an MS-13 member.......From what I understand MS-13 members don't hang out with non members. The guys he was with in 2019 were gang members, there were drugs and other things found on the scene. Considering Garcia entered the country illegally it is kind of hard to claim he doesn't have gang ties.

Kilmar Abrego Garcia is an MS-13 Gang member with a History of Violence | Homeland Security

 

Maybe it's just me but I don't consider a self-serving document from Trump's Department of Homeland Security to be a credible source. Ironically in this one case the conservative adage is right on, the federal government cannot be trusted.

 

MS-13 members often interact with non-members. He was arrested at a Home Depot in Hyattsville that generally is a spot where day laborers are picked up by construction crews.

Entering the country illegally as a child is not evidence of gang ties. In fact, the court heard testimony that his family had him leave El Salvador because gangs were trying to get him to join as a replacement for extortion money that the family didn't want to pay to a gang and they wanted him not to join the gang.

 

The Immigration Judge back in 2019 ruled Abrego Garcia was not a danger to the community. In fact, the Judge ruled that deporting him back to El Salvador would endanger his life, and release Abrego Garcia back into the community with no restrictions. The State failed to prove that Abrego Garcia was an MS-13 Gang member. Likely because the state's evidence was Bulls gear, hanging out with others at a Home Depot looking for day labor, and a CI tip released through a crooked cop.

And yes, I want everyone to have his or her Constitutionally guaranteed day in court should it be requested. What's the cost of our civil rights? And again, Abrego Garcia was here LEGALLY, and that didn't stop the Trump admin from grabbing him off the streets, deporting him to another country, and throwing him into a gulag type prison. If they can do that to Abrego Garcia, what's stopping them from doing the same to anyone else with legal protections in this country?

This case is absolutely about Constitutional rights.

 

Your argument is a US immigration judge allowed Abrego Garcia, whom according to you is a known MS-13, dangerous gang member back on the streets of Maryland to save him from potential gang violence in El Salvador? Why would a US judge wish to protect the life of a MS-13 gang member? Especially one that, again, according to you, is dangerous and taking part in human trafficking?

Maybe because the facts in the case tell a different story! Abrego Garcia's family ran a successful business, and gangs were always asking for protection money. That was until they Abrego Garcia male sons became old enough to join the gang. Then the gang's racket was have the kids join or they will be killed. The actual evidence Abrego Garcia was ever in MS-13 comes from his clothing choices, and a CI report entered by a crooked cop. The judge didn't buy AG was a gang member, and that's why he granted legal protections and allowed him back into the community.

And yes, I want every to have their Constitutional protections. The Constitution doesn't have any meaning if we're willing to dispose of it when it becomes inconvenient.

 

If Kilmar was outspoken about being 'anti-gang activity' then why was he hanging out with MS-13 gang members at a Home Depot according to police?
"In March of (2019), ICE took Abrego Garcia into custody after local cops found him socializing with confirmed MS-13 soldiers in a Maryland Home Depot
parking lot and he was found to be in the US illegally, according to documents released by the Department of Justice Wednesday."

Exclusive | Alleged MS-13 gangbanger Kilmar Abrego Garcia told ICE he wasn't afraid to go back to El Salvador

 

Because day laborers hang out at that Home Depot. Construction groups come by and pick them up for the day.

 

This thread has become farcical: MAGAs arguing in favor of incarcerating people who haven't had a trial or been found guilty of a crime.

MAGAs clinging to willful ignorance, referring to sending people to a foreign JAIL as deporting them.

Other MAGAs just quietly scrolling past.

All MAGAs seemingly OK with Trump flat out ignoring the USSC.

It's hard not to be insulting, but these are people perfectly tolerant of their political leaders literally committing crimes.

I guess that's no surprise, but what discussion is there really to be had? We already knew it: MAGA and Trump are, respectively, criminal enablers and a criminal. There's nothing else to be said.

 

I didn’t know you were a Reds fan too. Somewhere in storage I have a couple dozen Eric Davis cards from back in the day.