I don’t think a court has that kind of constitutional power.
Well here’s my background story on the guy....
....Cambodian Borey Ai is an illegal immigrant who committed ‘violent’ felony murder....and robbery....as a full fledged gang member.
....At 14 yrs old ,With a gun enhancement, Ali killed the owner of a store, the wife of an Jewish refugee who’s husband held her as she quickly bleed out and died...
....Ali was sentenced to 25 years to life....Served 19 years before he was considered suitable for parole in 2016.
.....From Prison he was 18 months in ICE detention at Sacramento’s Rio Cosumnes Correctional Center,
Ai claims he was damaged by the center and his inhospitable surroundings. In prison, Ai thought of himself as a “community health advocate” and looked forward to continuing his work when he was released from San Quentin.... He complained he didn’t ‘have opportunities’ to engage in the work that gave him purpose when at San Quentin Prison...at the detention center.
The government decided to release him after Cambodia refused to accept him for deportation.... So he was aware while in detention of his deportation ahead.....
He is claiming returning him to Cambodia would be ‘torture” because his mother and aunt (deceased) were a part of the Khmer Rouge ...that this is cruel and unusual punishment and disrespects his human dignity.
It was just twelve weeks since he was released from ICE detention and not enough time from ICE detention to deter what his would be. From what I’ve seen of his story, as with DACA and other foeigners here....there are groups advocating within their cultures communities to stop these deportations...he is just one of the many.
His goal will be to help other Cambodians fight deportation.
ICE tracks 1,900 Cambodians who are ‘subject to orders of removal’ from the United States. Since 2002, 600 Cambodians ‘who were permanent residents’ have been sent back to Cambodia.
Court’s generally have the power to review abuse of discretion by any administrative officer. A pardon for the purpose of thwarting federal laws is an abuse of discretion.