Posted on 04/07/2025 12:19:33 PM PDT by bitt
The Justice Department states that the judge who ruled Kilmar Abrego Garcia had to come back to the U.S. overstepped authority.
The Trump administration asked the Supreme Court on Monday to block a lower court order to return a Maryland resident, who is also a Salvadoran national, mistakenly deported last month to El Salvador.
The Justice Department is arguing before the high court that the judge who ruled the deportee, Kilmar Abrego Garcia, must be returned overstepped his authority.
The administration also argued since Garcia was no longer in U.S. custody there was no way to get him back, according to The Associated Press.
Garcia had a legal order that prohibited him from being sent home. He was deported March 15 in a series of flights of alleged illegal gang members to El Salvador.
He is a Maryland resident who got a legal status known as "withholding of removal" in 2019 after a judge determined he would be persecuted by gangs if he went to El Salvador.
P
Why are the MS13 gangbangers and their pro bono “judge” working so hard to get this gang leader back to Maryland?
Why respond at all, just tell him to enforce his order.
It’s going to be funny. Can’t wait to watch the supreme court order for US government to go collect up a gang member from a prison in El Salvador and bring him to America to turn him loose. Ass clowns.
And what if El Salvador doesn’t want to return him judge? He is their citizen, right?
The next insane and inane Leftist twit judge will next order Pres Trump to fix every injustice in Africa, and try to arrest him for failing to do so, and then also have him arrested if he is successful (for taking control in the Authoritarian manner which they ordered him to do).
The unanimous Fourth Circuit decision AGAINST the emergency stay requested by the Department of Justice (three judge panel).
https://storage.courtlistener.com/recap/gov.uscourts.ca4.178258/gov.uscourts.ca4.178258.13.0_1.pdf
Three liberal “judges”
Stephanie Thacker [obama stooge]
J. Harvie Wilkinson III [a Reagan judge who “grew in office”]
Robert Bruce King [clinton stooge]
I must be missing something in terms of precedent here. Why wouldn’t they want to return someone shipped there errantly, and why wouldn’t the prison there want to cooperate in getting that done?
Because he was unlawfully removed (deported). Why does anyone support the government acting unlawfully?
President Trump still requires the appearance of a functional and impartial Federal Court system to continue implementing his agendas. He cannot yet afford to discard that pretense by overtly refusing District Court orders in the manner suggested.
That time may still come. The District Courts continue to discredit themselves with lawless orders which are absurd interferences with executive authority. The Supreme Court could put a stop to this, but they have declined to do so.
Roberts, Jackson, Kagan, and Sotomayor are servants of the Democrats. IF they can get Barrett to join them, then President Trump will be placed in a completely untenable position and the fecal matter will strike the rotary impeller. There are no options off the table if that occurs, and the aftermath will be unpleasant for everybody.
I hope that Roberts will be more cautious and steer the Supreme Court into favorable rulings for the Executive branch and limit the judicial overreach of the District Courts.
Longer term, the DC District Courts should be abolished by act of Congress. Possibly also the 9th Circuit Court. This is doable with a simple majority vote. There is no prospect of impeaching any judge for any reason as that would require a 2/3 vote in the Senate. That is never going to happen. Democrats always protect their own.
Abrego Garcia was born in San Salvador, El Salvador, in 1995.[4] Abrego Garcia's mother ran a food business.[4] Abrego Garcia states that the Barrio 18 gang tried to extort his mother's business for money and threatened that if she didn't pay the money they would make her sons join their gang instead.[4] As a result, in 2011, Abrego Garcia, at the age of 16, fled El Salvador and then illegally entered the United States[5][6] ...
In 2016 Abrego Garcia met ...his wife.[4]
In March 2019, police with Prince George's County, Maryland arrested Abrego Garcia with three other men in a Home Depot parking lot where they were seeking work as day laborers.[4][6] One of the men claimed Abrego Garcia was a "gang member," but The Atlantic reports that according to court filings, he offered no proof and police said they didn’t believe him.[6]
Police handed custody of Abrego Garcia over to U.S. Immigration and Customs Enforcement (ICE) for deportation proceedings.[4] In those proceedings, the government claimed that he was a member of the MS-13 criminal gang because "he was wearing a Chicago Bulls hat and a hoodie" and a confidential informant claimed that he was active with an MS-13 group based in New York.[4] An immigration judge determined that the informant's claim[7] was sufficient evidence for denying Abrego Garcia’s bond request,[5] and another judge upheld that ruling, saying the claim that Abrego Garcia in MS-13 wasn't clearly wrong.[5] He has consistently denied any connection to MS-13.[8] While awaiting resolution to his deportation proceedings, Garcia married his girlfriend in June 2019, and they had a child together later that year.[4] His wife also had two children from an earlier relationship, and all three children have special needs.
Through his lawyer, Abrego fought the allegations against him in the deportation proceedings in court and applied for asylum in 2019.[9] His request for asylum was denied, as one must submit an asylum application within a year of arriving in the U.S.[4] However, the judge granted him "withholding of removal" status that would block his deportation to El Salvador due to the threat that gangs would pose to him, finding that "he was more likely than not to be harmed if he was returned to El Salvador."[2][6]
According to his attorney, Abrego Garcia had no encounters with law enforcement prior to 2025 since being released from detention in 2019, and had been checking in annually with ICE as required.[6]
So he shouldnt be here, but maybe he shouldnt be in the prison down there? I dont see anything about his crime he would be wanted for there. If thats in fact the case, seems like it would be a proper gesture to see if some strings could be pulled to get him released. But he should not be returned to the US.
Because we no longer have a rule of law. We have a pretense of law which is becoming thinner with every lawless order from a Democrat District Judge.
The "law" is whatever the Democrats say it is from one week to another, and the restrictions of "law" only apply to Republicans. It's not a crime when the Democrats do it.
Having destroyed the rule of law, the Democrats will not be protected by legal arguments. Neither will the rest of us.
Dangerous times.
I’m no scholar but wasnt he an illegal immigrant? being a gang member or not, he was still here illegally. does that not count for anything?
Chief Justice Roberts has INDEFINITELY blocked the court order requiring Kilmar Abrego Garcia’s return tonight.
This means that the mid-level Obama activist judges cannot order Trump to return the illegal alien gang member.
If he was, then it would seem that his home country should sort it out there.
Oh the District judge isn’t going to like this at all. By all accounts he was REALLY REALLY mad at the DOJ
Is that where we have come to now? Judicial decisions having to be made based upon the level of partisan political anger displayed by local district judges in their nation-wide temporary restraining orders?
This is good!! Drinks all around!
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