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#judiciary

10 posts7 participants1 post today
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Nonilex

In the #Trump admin’s #SCOTUS application, it refers to Abrego Garcia as an “enemy alien.”

The government has claimed that Garcia was removed under the #Immigration & Nationality Act, NOT the #AlienEnemiesAct.

The Trump admin has also claimed he’s a member of M13 which is NOT covered by the #AEA, only Tren de Aragua.

documentcloud.org/documents/25

www.documentcloud.org24A949
#law#ExtraordinaryRendition#Constitution
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Nonilex

The admin appealed Judge Xinis’s order to the US Court of Appeals for the Fourth Circuit, which on Mon declined to intervene immediately & stay the lower court ruling.

So the #Trump admin asked #SCOTUS to intervene on an emergency basis [I think we’re in double digits now for Trump’s SCOTUS emergency applications].

#law #immigration #AlienEnemiesAct #ExtraordinaryRendition #StateSponsoredAbduction #Constitution #CivilRights #HumanRights #DueProcess #Judiciary #SeparationOfPowers #AbuseOfPower

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Nonilex

Abrego García has been detained at #CECOT, a mega-prison in #ElSalvador, since #ICE deported him last month, despite a court order forbidding it because he had fled death threats from gang members in his home country.

#Trump officials have argued that they have no power to return Abrego García because he is now in the custody of El Salvador. [even though the US is paying El Salvador to incarcerate him & others there]

#law#immigration#AlienEnemiesAct
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beSpacific

@ianbremmer speaking as a man who sold his soul, #republican party, #democracy, over the course of decades of dis-service to constituents and all #Americans who have suffered because he was bought & owned decades before #trump. #neverforget this is the man who served the will of extremists and #fascists to seat #supremecourt justices so #unethical, incompetent and venal, that our #democracy and the #judiciary will never recover. Time is long past to pander to the rich & powerful. #FreeAmerica

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Nonilex

#Trump admin: “But there is no jurisdiction in habeas. Plaintiffs admit—as they must—that the United States does not have custody over Abrego Garcia.”

They are arguing they don’t have jdx because he’s in El Salvador. He’s in El Salvador because they *mistakenly* sent him there. And the US govt is PAYING #ElSalvador to hold him in the detention center there.

This makes absolutely no sense.

But there is no jurisdiction in habeas. Plaintiffs admit—as they must—that the United States does not have custody over Abrego Garcia. They acknowledge that there may be “difficult questions of redressability” in this case, reflecting their recognition that Defendants do not have “the power to produce” Abrego Garcia from CECOT in El Salvador. Mem. Supp. TRO Mot. 2. But even more, they concede that Abrego Garcia is not in Defendants’ custody. Id. (asking the Court to order Defendants to “request that the government of El Salvador return Plaintiff to Defendants’ custody”). Despite their allegations of continued payment for Abrego Garcia’s detention, Plaintiffs do not argue that the United States can exercise its will over a foreign sovereign. The most they ask for is a court order that the United States entreat—or even cajole—a close ally in its fight against transnational cartels. This is not “custody” to which the great writ may run. This Court therefore lacks jurisdiction.
#law#AlienEnemiesAct#USpol
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Nonilex

The #immigration judge had declared that Abrego Garcia was "more likely than not" to face persecution in #ElSalvador & the #Trump admin sent him there.

They even admit they knew, “although ICE was aware of his protection from removal to El Salvador, Abrego Garcia was removed to El Salvador because of an administrative error” & STILL they will not do anything to bring him back.

courtlistener.com/docket/69777

Plaintiffs allege that, on March 12, 2025, Abrego Garcia was stopped by ICE officers, who informed him that his immigration status had changed. Id. ¶¶ 48–50; see also Cerna Decl., infra Ex. C, ¶ 11. After being detained, he was questioned about gang affiliations and transferred ultimately to a detention center in Texas. Compl. ¶¶ 53, 56; Cerna Decl. ¶¶ 2, 11. Plaintiffs allege Abrego Garcia was told he would be removed to El Salvador and detained at the CECOT prison there. Compl. ¶¶ 56–57 & n.1. On March 15, although ICE was aware of his protection from removal to El Salvador, Abrego Garcia was removed to El Salvador because of an administrative error. Cerna Decl. ¶¶ 12–15. On March 16, a news article contained a photograph of individuals entering intake at CECOT. Id. ¶ 59. Abrego Garcia’s wife identified one of the detainees depicted as her husband based on his tattoos and head scars. Id.
#law#AlienEnemiesAct#Constitution
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