Posted on Apr 1, 2025
Trump administration concedes Maryland father from El Salvador was mistakenly deported and sent...
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This is what happens when you skip removal hearings, and try to get the planes airborne before a judge notices.
Trump administration concedes Maryland father from El Salvador was mistakenly deported and sent...
Posted from cnn.comPosted in these groups: 
Political Opinions
Political Opinions
Posted 10 mo ago
Responses: 6
After reading through the article and the court filings*, ignoring the 'appeal to emotion' language, and extracting out just the factual information, I discovered that contrary to the comments from the article and RallyPoint members, Mr. Abrego-Garcia did go through a removal hearing and was issued a final order of removal in 2019.
However, he absolutely shouldn't have been removed to El Salvador either. Regardless of the courts previously affirming his status as a MS-13 gang member, the final order had a 'withholding of removal' applied to El Salvador.
● I'm not 100% positive about this as I stitched it together from accounts, but in 2019 Mr. Abrego-Garcia was detained/arrested for something, was determined to be an inadmissible alien, came under the control of DHS, was given a Notice to Appear (i.e., start of removal proceedings) and held in custody because DHS determined he was a MS-13 gang member (based on evidence provided by the gang unit in the Prince George's County Police Department).
● While being held for removal, Mr. Abrego-Garcia requested a bond redetermination hearing to be released on a $5,000 bond arguing that he wasn't a danger to the community and challenging the state's evidence that he was a MS-13 gang member. An Immigration Judge reviewed the evidence and concluded* that the evidence by the state was valid, that Mr. Abrego-Garcia was unable to refute it, and that bond was denied as he remained a danger to the community.
● The denial of a bond redetermination by the Immigration Judge was appealed to the Board of Immigration Appeals which affirmed the Judge's determination of danger.
● After being in custody for seven months, Mr. Abrego-Garcia was issued a final order of removal by an Immigration Judge, but was granted a withholding of removal to El Salvador (i.e., he can be deported, but just not to El Salvador).
Although the government could still remove Mr. Abrego-Garcia to another country, it elected not to and released him from custody. I was unable to find any documents regarding why the government released Mr. Abrego-Garcia instead of deporting him to another country. The general policy of the U.S. is to remove individuals to their country of origin, however exceptions are made in unusual situations such as this one, where the individual cannot be removed to their country of origin.
To recap:
● Mr. Abrego-Garcia did go through a Title 8 removal proceeding, exhausted his appeals, and was ordered to be removed from the country.
● In the eyes of the courts, the government provided sufficient evidence that Mr. Abrego-Garcia was a MS-13 gang member and Mr. Abrego-Garcia was not able to refute it.
● Mr. Abrego-Garcia had a final order of removal, but the removal was conditioned that he not be removed to El Salvador.
● Mr. Abrego-Garcia did not have a "protected legal status" as is understood for inadmissible non-citizens. His only legal protection was that he not be removed to El Salvador.
So, the government had the clear legal authority to deport Mr. Abrego-Garcia, but did not have the authority to deport him to El Salvador.
-------------------------------
* Immigration Judge determination (bond reconsideration for Mr. Abrego-Garcia) - https://www.courtlistener.com/docket/69777799/11/1/abrego-garcia-v-noem/
* Board of Immigration Appeals (appeal by Mr. Abrego-Garcia of bond redetermination denial) -
https://www.courtlistener.com/docket/69777799/11/2/abrego-garcia-v-noem/
* Court proceedings/filings Abrego Garcia v. Noem (8:25-cv-00951) - https://www.courtlistener.com/docket/69777799/abrego-garcia-v-noem/
However, he absolutely shouldn't have been removed to El Salvador either. Regardless of the courts previously affirming his status as a MS-13 gang member, the final order had a 'withholding of removal' applied to El Salvador.
● I'm not 100% positive about this as I stitched it together from accounts, but in 2019 Mr. Abrego-Garcia was detained/arrested for something, was determined to be an inadmissible alien, came under the control of DHS, was given a Notice to Appear (i.e., start of removal proceedings) and held in custody because DHS determined he was a MS-13 gang member (based on evidence provided by the gang unit in the Prince George's County Police Department).
● While being held for removal, Mr. Abrego-Garcia requested a bond redetermination hearing to be released on a $5,000 bond arguing that he wasn't a danger to the community and challenging the state's evidence that he was a MS-13 gang member. An Immigration Judge reviewed the evidence and concluded* that the evidence by the state was valid, that Mr. Abrego-Garcia was unable to refute it, and that bond was denied as he remained a danger to the community.
● The denial of a bond redetermination by the Immigration Judge was appealed to the Board of Immigration Appeals which affirmed the Judge's determination of danger.
● After being in custody for seven months, Mr. Abrego-Garcia was issued a final order of removal by an Immigration Judge, but was granted a withholding of removal to El Salvador (i.e., he can be deported, but just not to El Salvador).
Although the government could still remove Mr. Abrego-Garcia to another country, it elected not to and released him from custody. I was unable to find any documents regarding why the government released Mr. Abrego-Garcia instead of deporting him to another country. The general policy of the U.S. is to remove individuals to their country of origin, however exceptions are made in unusual situations such as this one, where the individual cannot be removed to their country of origin.
To recap:
● Mr. Abrego-Garcia did go through a Title 8 removal proceeding, exhausted his appeals, and was ordered to be removed from the country.
● In the eyes of the courts, the government provided sufficient evidence that Mr. Abrego-Garcia was a MS-13 gang member and Mr. Abrego-Garcia was not able to refute it.
● Mr. Abrego-Garcia had a final order of removal, but the removal was conditioned that he not be removed to El Salvador.
● Mr. Abrego-Garcia did not have a "protected legal status" as is understood for inadmissible non-citizens. His only legal protection was that he not be removed to El Salvador.
So, the government had the clear legal authority to deport Mr. Abrego-Garcia, but did not have the authority to deport him to El Salvador.
-------------------------------
* Immigration Judge determination (bond reconsideration for Mr. Abrego-Garcia) - https://www.courtlistener.com/docket/69777799/11/1/abrego-garcia-v-noem/
* Board of Immigration Appeals (appeal by Mr. Abrego-Garcia of bond redetermination denial) -
https://www.courtlistener.com/docket/69777799/11/2/abrego-garcia-v-noem/
* Court proceedings/filings Abrego Garcia v. Noem (8:25-cv-00951) - https://www.courtlistener.com/docket/69777799/abrego-garcia-v-noem/
Exhibit A – #11, Att. #1 in Abrego Garcia v. Noem (D. Maryland, 8:25-cv-00951) –...
RESPONSE in Opposition re 2 Emergency MOTION for Temporary Restraining Order, 6 Second MOTION for Temporary Restraining Order filed by Nikita Baker, Pamela Bondi, Kenneth Genalo, Todd Lyons, Kristi Noem, Marco Rubio. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(DeShields Minnis, Tarra) (Entered: 03/31/2025)
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SGM Jeff Mccloud
COL Randall Cudworth
great info, and thank you for the links (courtlistener brings up just about every case I can think up).
took a while to get through this, but unless I am mistaken, this guy's "gang affiliation" seems to be pinned on the fact that he was wearing a Chicago Bulls sweatshirt and a ball cap when he was hooked up outside Home Depot, and "CI" (possibly one of the three others picked up at HD that day) stated that this guy was a member of a gang sect in Long Island 300 miles away from his residence.
Most folks won't commute that far for a real job with health and dental.
And because he was unable to provide material proof that he is not in a gang, he remained a designated gang member in the eyes of the court?
great info, and thank you for the links (courtlistener brings up just about every case I can think up).
took a while to get through this, but unless I am mistaken, this guy's "gang affiliation" seems to be pinned on the fact that he was wearing a Chicago Bulls sweatshirt and a ball cap when he was hooked up outside Home Depot, and "CI" (possibly one of the three others picked up at HD that day) stated that this guy was a member of a gang sect in Long Island 300 miles away from his residence.
Most folks won't commute that far for a real job with health and dental.
And because he was unable to provide material proof that he is not in a gang, he remained a designated gang member in the eyes of the court?
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A1C Medrick "Rick" DeVaney
One Of Many Problems With Our System Is
One Must Hire An Attorney And Win Or Lose,
The Accused My Pay All The Fees For The Services.
And If Enough Money Is NOT Available, Let's Face It,
He's Screwed.!
One Must Hire An Attorney And Win Or Lose,
The Accused My Pay All The Fees For The Services.
And If Enough Money Is NOT Available, Let's Face It,
He's Screwed.!
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COL Randall Cudworth
SGM Jeff Mccloud - it would be mostly conjecture to guess at the identification and reliability of the CI who identified Mr. Abrego-Garcia as a ranking member of MS-13 (unless there are other documents you came across that I might have missed).
However, I would defer to Judge Kessler as she was able to directly evaluate the evidence presented by DHS (the testimony of the CI and the information provided by the PG county police department) and deemed it sufficient ("the determination that the Respondent (Mr. Abrego-Garcia) is a gang member appears to be trustworthy and is supported by other evidence in the record").
Like you, the Judge was also skeptical of giving any evidentiary weight to the clothing he was wearing as an indication of gang affiliation, but did give credence to the "past, proven, and reliable source of information" which verified Mr. Abrego-Garcia's gang membership, rank, and gang name.
On appeal, the Board of Immigration Appeals reviewed her decision and also agreed with her ruling ("The Immigration Judge appropriately considered allegations of gang affiliation against the respondent...").
I would love to be able to look at the evidence first-hand, if for nothing else, just to satisfy my own curiosity, but that's unlikely to happen. However, as an Immigration Judge found the evidence credible, and an appeals board found no error in her decision, I'm disinclined to believe Mr. Abrego-Garcia's claims of no gang ties.
However, I would defer to Judge Kessler as she was able to directly evaluate the evidence presented by DHS (the testimony of the CI and the information provided by the PG county police department) and deemed it sufficient ("the determination that the Respondent (Mr. Abrego-Garcia) is a gang member appears to be trustworthy and is supported by other evidence in the record").
Like you, the Judge was also skeptical of giving any evidentiary weight to the clothing he was wearing as an indication of gang affiliation, but did give credence to the "past, proven, and reliable source of information" which verified Mr. Abrego-Garcia's gang membership, rank, and gang name.
On appeal, the Board of Immigration Appeals reviewed her decision and also agreed with her ruling ("The Immigration Judge appropriately considered allegations of gang affiliation against the respondent...").
I would love to be able to look at the evidence first-hand, if for nothing else, just to satisfy my own curiosity, but that's unlikely to happen. However, as an Immigration Judge found the evidence credible, and an appeals board found no error in her decision, I'm disinclined to believe Mr. Abrego-Garcia's claims of no gang ties.
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This is why a court hearing is required in all deportations.
Evidence, damn it, Evidence!
Evidence, damn it, Evidence!
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A1C Medrick "Rick" DeVaney
And Most Of The Time, If You Can't Afford The Investigation For The Evidence,
"YOU'RE GUILTY As CHARGED" !!
"YOU'RE GUILTY As CHARGED" !!
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Karoline Leavitt SHUTS DOWN Fake News Reporter for Latest Hoax Claiming Trump Deported Innocent...
In a decisive response to misleading narratives, Karoline Leavitt addresses the recent sensationalism surrounding the deported "Maryland father," highlighting the importance of accuracy in political discourse.
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AN Ron Wright
SGM Jeff Mccloud - Atlantic did make a sensational headline to publish the story then when exposed they changed the headlines because there was NO WAR PLANS
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A1C Medrick "Rick" DeVaney
Wednesday~ 11:56 PM 04/02/2025
Trump's Done It Again, And He's Done It All On His Own,
Instituted More Tariffs To Bring Jobs Back To America,
~~ So Also Once Again We'll Be The Ones Paying Higher Prices
While He Leaches Off The Government, Costing Him Nothing ~~
Trump's Done It Again, And He's Done It All On His Own,
Instituted More Tariffs To Bring Jobs Back To America,
~~ So Also Once Again We'll Be The Ones Paying Higher Prices
While He Leaches Off The Government, Costing Him Nothing ~~
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Judge? He is illegal, it does not require a judge. Send him back to his country. Only my opinion.
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SGM Jeff Mccloud
Well, in the opinion of the law and our govt, he was here legally in a protected status.
And in the opinion of the law, all removals require a hearing to determine status, even the Alien Enemies Act.
And now, even in the opinion of this administration, deporting this guy was a mistake.
And in the opinion of the law, all removals require a hearing to determine status, even the Alien Enemies Act.
And now, even in the opinion of this administration, deporting this guy was a mistake.
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A1C Medrick "Rick" DeVaney
Having Had Friends And Relatives In The Various Fields Of Law, Including Lawyers, As Friends. ~Niece On Austin, TX PD, 2 Friends In Lansing, MI PD, 1 Court Judge In The Lansing, Mi, System,~ Here's Something We All Should Do ~ Walk Into ANY Courtroom & Take A Seat. ~ NOW You're About To Witness What Really Happens To The Accused: And It AIN'T Pretty. ~ And Guilt Or Vindication Has Little To Do With It. It Can Be One "L" Of A Battle And Until The Very End , You'll Never Know Which Way The Decision Will Go ~ GOOD LUCK ~
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Surprise, surprise. The usual suspects are peddling media hoaxes, and are not ashamed to leave the posts up after they're proven to be lies.
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A1C Medrick "Rick" DeVaney
Ever Notice When They're Shown The Proof Of Their Follies
They'll Continue With The Same Story While Insisting Your Proof Is Wrong?
It's Like The Flip Of A Quarter & Saying " Heads Up I Win, Tails Up You Lose!
Ya Simply Can't Settle A Disagreement With An Idiot,
They'll Continue With The Same Story While Insisting Your Proof Is Wrong?
It's Like The Flip Of A Quarter & Saying " Heads Up I Win, Tails Up You Lose!
Ya Simply Can't Settle A Disagreement With An Idiot,
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