Nonilex
In case you are wondering, the #Trump admin has missed today’s deadline to report to Judge #Xinis on what steps they’re taking to facilitate the return of #KilmarAbregoGarcia.
Can’t imagine why? /s
#law #immigration #ExtraordinaryRendition #StateSponsoredAbduction #Constitution #CivilRights #HumanRights #DueProcess #DualState #ChecksAndBalances #JudicialBranch #Judiciary #SeparationOfPowers #AbuseOfPower
Warner Crocker
@Nonilex They gave their answer in that press conference (so called) today.
Nonilex
#Trump admin has filed
They’re sticking w/BS that nobody has the authority.
“#DHS does not have authority to forcibly extract an alien from the domestic custody of a foreign sovereign nation.…President of El Salvador, Nayib Bukele, was in Washington, DC today to meet w/…Trump.…, in response to a question regarding #AbregoGarcia, Pres Bukele said, 'I hope you're not suggesting that I smuggle a terrorist into the United States. How can I smuggle a terrorist into the United States?…'”
Nonilex
Also included in this filing is knowingly false info. That’s illegal in & of itself.
First the #Trump admin misleads relaying only part of the proceedings prior to him being granted protected status.
Then they state, “Abrego Garcia is no longer eligible for withholding of removal because of his membership in MS-13.”
It has NEVER been proven that he is in the gang. In fact his protected status was granted because of fear of the gang!
Nonilex
Aaron Reichlin-Melnick has handily outlined #KilmarAbregoGarcia’s legal #immigration history to show that no matter how many times #Trump & his thugs say it, there is no proof #AbregoGarcia is or ever was a M-13 gang member.
#law #ExtraordinaryRendition #StateSponsoredAbduction #Constitution #CivilRights #HumanRights #DueProcess #DualState #14thAmendment #5thAmendment #ChecksAndBalances #JudicialBranch #Judiciary #SeparationOfPowers #AbuseOfPower
Nonilex
Senator #VanHollen Announces Departure for #ElSalvador Tomorrow Morning
"Following his abduction & unlawful deportation, US federal courts have ordered the safe return of my constituent #KilmarAbregoGarcia to the United States.“
#Trump #law #immigration #AlienEnemiesAct #ExtraordinaryRendition #StateSponsoredAbduction #Constitution #DueProcess #Judiciary #SeparationOfPowers
Nonilex
🚨🚨🚨 This should end the BS debate about who has the authority to get #KilmarAbregoGarcia out of #ElSalvador!
Judge #Xinis Tue’s order cites text in the written agreement with El Salvador showing #US control:
The detainees are kept in CECOT “pending the United States’ decision on their long-term disposition.”
#Trump et al are so freaking full of crap!
#law #immigration #AlienEnemiesAct #ExtraordinaryRendition #StateSponsoredAbduction #Constitution #DueProcess #Judiciary #SeparationOfPowers
Nonilex
Judge #Xinis’ full official order in which she says the government’s definition of “facilitate“ doesn’t make sense, particularly in the context of her ruling & #SCOTUS’.
“Thus, Defendants' attempt to skirt this issue by redefining 'facilitate' runs contrary to law & logic.”
https://storage.courtlistener.com/recap/gov.uscourts.mdd.578815/gov.uscourts.mdd.578815.79.0.pdf
#law #immigration #AlienEnemiesAct #ExtraordinaryRendition #StateSponsoredAbduction #Constitution #CivilRights #DueProcess #JudicialBranch #Judiciary #SeparationOfPowers #AbuseOfPower #Trump
Nonilex
Just released Judge #Xinis letter order on discovery procedure in #KilmarAbregoGarcia v. #KristiNoem et al.
https://storage.courtlistener.com/recap/gov.uscourts.mdd.578815/gov.uscourts.mdd.578815.80.0.pdf
#law #immigration #AlienEnemiesAct #ExtraordinaryRendition #StateSponsoredAbduction #Constitution #CivilRights #HumanRights #DueProcess #DualState #14thAmendment #5thAmendment #ChecksAndBalances #JudicialBranch #Judiciary #SeparationOfPowers #AbuseOfPower #Trump
Nonilex
Interesting take from Evan Bernick:
Nobody should think that Judge #Xinis is ensuring that #KilmarAbregoGarcía stays in #ElSalvador for 2 weeks.
Xinis is banking on the government not wanting to spend 2 weeks in #discovery.
Either they just make the call & get him back, or they spend 2 weeks creating a public record of their own fuck ups & end up getting sanctioned.
I also seriously doubt any of #Trump’s ofcls want to give sworn #depositions.
Nonilex
I hadn’t seen that the #DOJ actually submitted a transcript of the #Trump / #Bukele presser to the court as part of their status update. Absolutely ridiculous.
STATUS REPORT by Kenneth Genalo, Todd Lyons, Kristi Noem, Marco Rubio Attachment 1: Unofficial Transcript: https://storage.courtlistener.com/recap/gov.uscourts.mdd.578815/gov.uscourts.mdd.578815.77.1.pdf
Case main page: https://www.courtlistener.com/docket/69777799/abrego-garcia-v-noem/
#KilmarAbregoGarcia #law #immigration #AlienEnemiesAct #Rendition #Constitution #CivilRights #DueProcess #Judiciary #SeparationOfPowers #gaslighting #propaganda
Nonilex
#DOJ: For the record, we don't think discovery appropriate, because we think this is a legal dispute.
#Xinis: Ok, will respond to that in written order. And your objection is preserved.
plaintiff's counsel up. They have no further statements.
Xinis: It's a tight timeline.
Says there will be requests for production, deponents, interrogatories....
Nonilex
#Xinis: Keep it targeted, keep it tight, that will keep it moving.
My current target is that at the conclusion of discovery, plaintiffs will then supplement their motion by April 28. After reply, will turn to it as soon as possible.
And that's it. Hearing over. There will be an expedited discovery period, with depositions set to be completed by 4/23.
[play by play mostly via Anna Bower of Lawfare]
#Trump #law #immigration #Rendition #DueProcess #Judiciary
Start of 🧵https://masto.ai/@Nonilex/114343810964554845
Nonilex
#Xinis: you should've considered privilege when you put it up as an affiant... but if you have privilege objections, you can get them to me... But any issues producing deponents for depo?
Xinis to Ensign [#DOJ]: Cancel vacation. Cancel appointments. I'm usually pretty good about that kind of thing, but not this time.
DOJ: We will move expeditiously, your honor.
Xinis: Anything else?
Nonilex
#Xinis: Depositions are to be completed by Wednesday, April 23. Any impediments to that?
#DOJ: We understand court's position
Xinis: So that means no impediments?
DOJ: We don't know at this time who will be deposed...
Xinis: No, I'm saying the people who you've put forward as affiants.
DOJ: I'm not prepared to put forward objections at this time. One of the affiants is an acting general counsel...
Nonilex
#Xinis: …going back to what #SCOTUS said was "squarely" in my power & my view that you have not fulfilled the mandate I've issued. Discovery will bear that out, bc the affidavits are insufficient.
Ensign [#DOJ] repeats his view that there are pure issues at #law at play here that do not require discovery.
Xinis: Ok, I'll give you my order & you can object.. this is what district courts are authorized to do [discovery]...courts are referees.
Nonilex
#Xinis: I will issue written order setting out why I think expedited discovery is warranted. It'll happen over 2 weeks. You'll have opportunities to respond, etc....
I'm also going to issue a written letter how you'll get expedited review in this process if you meet & confer it isn't workable. If everyone is operating in good faith, it'll get it done in 2 weeks. If not, that'll be fact in itself for court to consider.
Nonilex
#DOJ: We've made clear the court doesn't have authority to make this request of executive...
#Xinis shuts that shit down: I'm not doing that. There's so much daylight between that & what's happening here. To talk in generalities is simply #delaying the process we need to go through to determine whether you've done what you can in good faith to comply w/ order.🔥
DOJ: I disagree that it's generalities. The plaintiffs have specifically asked court to compel gov to ask El Salvador for his release.
Nonilex
Xinis: The Govt has taken differing positions in past of what "facilitate means"... it doesn’t necessarily mean you have to gas up plane, but you have done it before…
Ensign brings up the potential for appeal.
Xinis: the Supreme Court has spoken, there is in my view nothing to appeal.... So in my view, we do discovery. Now, do you wish to be heard on scope of discovery?
Nonilex
#DOJ asks Xinis to issue an additional order clarifying the scope of her #TRO / injunction. [likely to draw things out]
#Xinis: It’s not that difficult. The Supreme Court has spoken. Let's talk about what #SCOTUS has unequivocally deemed to be lawful. You made your arguments there, & this is now about the scope of the remedy.... We're gonna do it in a targeted way but we're not going to take a whole lot of time doing it [discovery].
Nonilex
Ensign [#DOJ]: If he presents at port of entry or embassy, he would be taken into US custody... this is a narrow issue of what "facilitate" means
#Xinis: I disagree, & I'm prepared to issue order on what facilitate means.
#SCOTUS has made clear this is in context not just in the ether of "pure law"...it's matter of whether defendants complying w/ the court’s order to release #AbregoGarcia from custody in El Salvador
Nonilex
Xinis: We're gonna do this by rules of #CivilProcedure. Press conferences won't do. We're gonna do interrogatories...follow rules...
Xinis: I'll remind everyone here that there are no business hours. It'll be 2 weeks of "intense" discovery. Once we have the record, we’ll take it from there.
Ensign: Transcript of oval office meeting sets forth evidence consistent w/ federal rules of civil procedure.🤦🏼♀️
Nonilex
Ensign [#DOJ] now points to paragraph 9 of the declaration by a govt official, which it submitted earlier today, regarding what would happen if #AbregoGarcia presented at a point of entry. [see above] The declaration said he'd be removed to 3rd country or back to El Salvador after rescinding the withholding of removal...
Xinis: Have you done it? [Brought him back?] If you haven't done it, then it’s speculative....
Nonilex
Judge #Xinis asks to Ensign [#DOJ] what he would take away from the Oval Office meeting yesterday. Xinis doesn't think it counts as evidence. Ensign says he shows position of #ElSalvador...they don't want to release "terrorists"
Xinis: If I make finding of contempt, it will be based on record before me. And I don't consider the transcript you gave me 15mins ago to be sufficient.
Nonilex
Judge #Xinis: The question is “what have you done to facilitate #AbregoGarcia’s release & what are you doing to ensure that his case is handled as it would have been had he not been sent to #ElSalvador?”
#DOJ: Ascertaining the position of El Salvador is important...also in transcript of Oval Office meeting is statement of AG #PamBondi saying we would facilitate his return…
Xinis interrupts
Nonilex
#XINIS: "If not this court, then who, to engage in process. It’s process that is in the roots of our #constitution, so we have to give process to both sides...There will be no tolerance for gamesmanship or grandstanding."
Nonilex
The #DOJ submitted its declaration to Judge Xinis. #ICE official Joe Mazzara says that if #KilmarAbregoGarcia *presented* [magically?] at a US port of entry today, #DHS would detain him, "remove him to a third country" or end the block on his #deportation & ship him back to #ElSalvador.
https://storage.courtlistener.com/recap/gov.uscourts.mdd.578815/gov.uscourts.mdd.578815.77.0.pdf
So that is what they’re claiming now is the reason for why they won’t facilitate bringing him back to the #UnitedStates.
Nonilex
The #DOJ hasn’t provided any new information on #KilmarAbregoGarcia.
Abrego Garcia's lawyers say there's no evidence the Trump administration has done anything to comply with the court’s order to facilitate his return from El Salvador. They want depositions, interrogatories & documents.
#XINIS: Every day Abrego Garcia is in #CECOT is "a day of further irreparable harm."
Nonilex
What-the-ever-loving-fuck? #Trump propagandist Karoline Leavitt is inventing shit out of whole cloth here!
Never, has there ever been even a mention of human trafficking in #KilmarAbregoGarcia’s past. Never. Not ever.
(He’s also not M-13, nor a terrorist)
#FactCheck #TrumpLies #gaslighting #propaganda #law #immigration #AlienEnemiesAct #Rendition #StateSponsoredAbduction #Constitution #CivilRights #DueProcess #DualState #SCOTUS #ChecksAndBalances #Judiciary #SeparationOfPowers #AbuseOfPower
Nonilex
Interpreting the term “facilitate” in that manner, #KilmarAbregoGarcia's attorneys argued, would render "null" #SCOTUS’ order that the government facilitate his release.
“To give any meaning to the Supreme Court’s order, the Government should at least be required to request the release of Abrego Garcia. To date, the Government has not done so.”
https://storage.courtlistener.com/recap/gov.uscourts.mdd.578815/gov.uscourts.mdd.578815.75.0.pdf
#law #Trump #immigration #Constitution #DueProcess #Judiciary #SeparationOfPowers
Nonilex
“The Government contends that the term ‘facilitate’ is limited to ‘remov[ing] any domestic obstacles that would otherwise impede the alien’s ability to return here.’ Not so. #SCOTUS ordered the Govt ‘to ‘facilitate’ Abrego Garcia’s release from custody in El Salvador & to ensure that his case is handled as it would have been had he not been improperly sent to El Salvador,’” lawyers wrote in a Tues brief.
#law #Trump #immigration #Constitution #DueProcess #Judiciary #SeparationOfPowers
Nonilex
Tomorrow, Tues, April 15, at 4:00 PM ET, Judge #Xinis will be hearing a “Status Conference” on #KilmarAbregoGarcia et al v. Noem et al.
It’ll be interesting to hear how she responds to the #Trump admin’s latest filing. She has been very plainspoken in her assessment of the #DOJ’s claims.
#law #immigration #ExtraordinaryRendition #StateSponsoredAbduction #Constitution #CivilRights #DueProcess #DualState #ChecksAndBalances #Judiciary #SeparationOfPowers #AbuseOfPower
Nonilex
Ahead of this afternoon’s hearing, lawyers for #KilmarAbregoGarcia accused the #Trump admin of violating a #SCOTUS order demanding that officials “facilitate” his release from a Salvadoran prison. “There is no evidence that anyone has requested the release of Abrego Garcia,” the lawyers wrote. The two sides are scheduled to gather at 4PM in Federal District Court in Maryland.
#law #immigration #Rendition #Constitution #CivilRights #DueProcess #ChecksAndBalances #Judiciary #SeparationOfPowers
Nonilex
Here are 2019 #KilmarAbregoGarcia rulings:
The first Immigration Judge's ruling that #KilmarAbregoGarcia posed a risk, which #PamBondi falsely claimed amounted to a ruling he's a MS13 terrorist:
https://storage.courtlistener.com/recap/gov.uscourts.mdd.578815/gov.uscourts.mdd.578815.11.1_2.pdf
#Immigration Appeals Court Judge's ruling, upholding the lower one:
https://storage.courtlistener.com/recap/gov.uscourts.mdd.578815/gov.uscourts.mdd.578815.11.1_2.pdf
The judge's ruling that #AbregoGarcia faced threat of persecution from the Barrio 18 gang in #ElSalvador:
https://storage.courtlistener.com/recap/gov.uscourts.mdd.578815/gov.uscourts.mdd.578815.1.1_3.pdf
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