He had a hearing in 2019 in which he was adjudicated an MS-13 member subject to deportation (except not to El Salvador); appealed that; the original immigration judge was upheld. He received due process. See some of the filings not furnished by guest poster Greg. See ShipWreckedCrew's coverage at his substack.
He had a hearing in 2019 in which he was adjudicated an MS-13 member subject to deportation (except not to El Salvador); appealed that; the original immigration judge was upheld. He received due process. See some of the filings not furnished by guest poster Greg. See ShipWreckedCrew's coverage at his substack.
Hmmm. Greg's write-up included the 2019 proceeding: "Abrego Garcia fought the accusation and applied for asylum. Instead, an immigration judge granted him 'withholding of removal' status."
This jives with the ICE's and the DOJ's acknowledgment that an "administrative error" had been made in deporting him 6 years later.
A federal court has preliminarily determined that Abrego-Garcia was deported "In violation of the Immigration and Nationality Act…and without any legal process." The decision went all the way up to the U.S. Supreme Court and was upheld at every step.
Without wading further into the reported facts of the case, it doesn't sound like Abrego-Garcia got the process he was entitled to. If he did, then great, the U.S. government can demonstrate that in the pending lawsuit; let the courts sort it out like they are supposed to.
None of this changes my point that due process matters. I have no problem whatsoever with the U.S. deporting illegal immigrants. Just don't tread on the U.S Constitution in doing so.
Apparently, like Trump, many Americans are ignorant of the fact that constitutional due process applies to everyone within our borders- even illegal aliens. Maybe they are willfully ignorant that statutory laws or other government action is unenforceable when unconstitutional.
The fact that illegal aliens are entitled to due process is apparent simply by asking Google. In a few seconds it will refer you to the Supreme Court cases stating this. For instance, Congress’s own website acknowledges this:
“Despite the government’s broad power over immigration, the Supreme Court has recognized that aliens who have physically entered the United States generally come under the protective scope of the Due Process Clause, which applies to all ‘persons’ within the United States, including aliens, whether their presence here is lawful, unlawful, temporary, or permanent.1”
The footnote cites the controlling Supreme Court cases.
Fundamental to critical thinking is doing your research before expressing ignorant opinions.
Jennifer, it is there under the April 5 entry, but it's a supplemental/attachment to another document "2025 04 06 Plaintiffs (Garcia) Appellees' Opposition To Emergency Motion For Stay Pending Appeal And Immediate Admin"
But granted, I should have (and will) separate it and give it a title on its own. I'll have to do some updates to the document anyway.
Update: I just posted it. It's just the March 24 entry.
He had a hearing in 2019 in which he was adjudicated an MS-13 member subject to deportation (except not to El Salvador); appealed that; the original immigration judge was upheld. He received due process. See some of the filings not furnished by guest poster Greg. See ShipWreckedCrew's coverage at his substack.
Hmmm. Greg's write-up included the 2019 proceeding: "Abrego Garcia fought the accusation and applied for asylum. Instead, an immigration judge granted him 'withholding of removal' status."
This jives with the ICE's and the DOJ's acknowledgment that an "administrative error" had been made in deporting him 6 years later.
A federal court has preliminarily determined that Abrego-Garcia was deported "In violation of the Immigration and Nationality Act…and without any legal process." The decision went all the way up to the U.S. Supreme Court and was upheld at every step.
Without wading further into the reported facts of the case, it doesn't sound like Abrego-Garcia got the process he was entitled to. If he did, then great, the U.S. government can demonstrate that in the pending lawsuit; let the courts sort it out like they are supposed to.
None of this changes my point that due process matters. I have no problem whatsoever with the U.S. deporting illegal immigrants. Just don't tread on the U.S Constitution in doing so.
Apparently, like Trump, many Americans are ignorant of the fact that constitutional due process applies to everyone within our borders- even illegal aliens. Maybe they are willfully ignorant that statutory laws or other government action is unenforceable when unconstitutional.
The fact that illegal aliens are entitled to due process is apparent simply by asking Google. In a few seconds it will refer you to the Supreme Court cases stating this. For instance, Congress’s own website acknowledges this:
“Despite the government’s broad power over immigration, the Supreme Court has recognized that aliens who have physically entered the United States generally come under the protective scope of the Due Process Clause, which applies to all ‘persons’ within the United States, including aliens, whether their presence here is lawful, unlawful, temporary, or permanent.1”
The footnote cites the controlling Supreme Court cases.
Fundamental to critical thinking is doing your research before expressing ignorant opinions.
Greg did not link to the 2019 14-page immigration judge's finding.
The current validity of the WOR is disputed.
We will see how it plays out!
Jennifer, it is there under the April 5 entry, but it's a supplemental/attachment to another document "2025 04 06 Plaintiffs (Garcia) Appellees' Opposition To Emergency Motion For Stay Pending Appeal And Immediate Admin"
But granted, I should have (and will) separate it and give it a title on its own. I'll have to do some updates to the document anyway.
Update: I just posted it. It's just the March 24 entry.
Thank you, Greg.