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Trump admin. concedes Maryland man from El Salvador was mistakenly deported/sent to mega prison - shrugs 'nothing can be done' [ETA: oh but it can!]

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Goonie

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Kilmar Abrego García was detained by U.S. Immigration and Customs Enforcement Monday after arriving at the agency’s Baltimore field office as part of a required check-in after his release pending trial on human smuggling charges, his attorney said.

His immigration lawyer, Simon Sandoval-Moshenberg, said Abrego’s defense team has filed a new legal action challenging his detention and looking to stop his removal before he has a full hearing in court.

Abrego’s lawyers asserted in a court filing Saturday that the government was threatening him with removal to Uganda in an effort to coerce him into pleading guilty and accepting deportation to Costa Rica — a Spanish-speaking country that is regarded as the safest in Latin America. A prior court order in Maryland mandated that the government give Abrego at least 72 hours to contest his removal to an alternate country.

 
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essentialsaltes

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essentialsaltes said:

Kilmar Abrego Garcia expected to be released from jail Friday​

Abrego Garcia’s freedom before trial may be brief.

U.S. Immigration and Customs Enforcement could detain him upon arrival in Maryland and may attempt to deport him again.
Click to expand...

Kilmar Abrego Garcia surrenders to ICE in Baltimore, faces possible deportation to Uganda​

But a blanket court order automatically pauses any effort by the Trump administration to immediately deport Abrego Garcia and other immigrants [in Maryland] who are challenging their detention.
 
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Nithavela

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Giving someone the choice between deportation to Uganda and pleading guilty, with no option of actually going to trial, is vile.
 
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essentialsaltes

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Trump admin immediately violates judge's orders in high-profile case: court filing​

Yet, despite an order from U.S. Magistrate Judge Barbara Holmes that Garcia be granted access to his legal counsel, ICE officials have ignored such requests, according to new filings from his legal team.

“Defense counsel called (an ICE) phone number to request a legal call, and the operator was unable to schedule a call, directing counsel to send an email,” reads the legal filing, submitted on Monday.

“Counsel then emailed the ICE email address and requested a legal call; we have yet to receive any response. This process does not comply with Magistrate Judge Holmes’s release order, which required the government to facilitate access to Mr. Abrego if he were taken into ICE custody.”
 
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essentialsaltes

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Judge blocks administration from deporting Kilmar Abrego Garcia until at least October​

The judge extended her restraining order until his court challenge is resolved.

The judge also said that Abrego Garcia, who is currently being held in a detention center in Virginia, must remain in custody within a 200-mile radius of the court in Maryland.

Attorneys for Abrego Garcia filed an emergency motion Monday to reopen his immigration case in order to seek asylum, arguing that because Abrego Garcia was deported and then brought back to the U.S., he is now eligible to apply for asylum within one year of his last entry into the U.S.

1756310531649.png
 
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Nithavela said:
Giving someone the choice between deportation to Uganda and pleading guilty, with no option of actually going to trial, is vile.
Click to expand...
That's just how we do things now here in the land of the free, home of the brave.
 
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essentialsaltes

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essentialsaltes said:

Judge blocks administration from deporting Kilmar Abrego Garcia until at least October​

The judge extended her restraining order until his court challenge is resolved.

The judge also said that Abrego Garcia, who is currently being held in a detention center in Virginia, must remain in custody within a 200-mile radius of the court in Maryland.
Click to expand...

U.S. says it will deport Kilmar Abrego Garcia to Eswatini because he fears deportation to Uganda​

Eswatini’s government spokesperson told The Associated Press on Saturday that it had no received no communication regarding Abrego Garcia’s transfer there.
 
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wing2000

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essentialsaltes said:

U.S. says it will deport Kilmar Abrego Garcia to Eswatini because he fears deportation to Uganda​

Eswatini’s government spokesperson told The Associated Press on Saturday that it had no received no communication regarding Abrego Garcia’s transfer there.
Click to expand...

Ridiculous.

The government could have worked out a deal to allow Abrego be deported to Costa Rica in return for pleading guilty to a minor offense. But of course, this government will not do that....
 
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essentialsaltes

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essentialsaltes

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essentialsaltes said:

Kilmar Abrego Garcia back in US to face charges of helping traffic 'thousands' of migrants​

A two-count indictment, which was filed under seal in federal court in Tennessee last month and unsealed Friday, alleges Abrego Garcia, 29, participated in a yearslong conspiracy to haul undocumented migrants from Texas to the interior of the country.

Abrego-Garcia is the only member of the alleged conspiracy charged in the new indictment. A conspiracy of one, eh?
Click to expand...

essentialsaltes said:
Slate Opinion

The Criminal Case Against Kilmar Abrego Garcia Is Highly Suspect​

The charges against him may be valid. They may be exaggerated. Or they may be fabricated.
Click to expand...

essentialsaltes said:
During the hearing Friday, one DHS agent revealed that he was only asked to look into Abrego Garcia’s case on April 28 of this year, according to Tennessee Lookout’s Anita Wadhwani.

That was also a full week after White House press secretary Karoline Leavitt claimed, seemingly out of nowhere and without providing any evidence, that Abrego Garcia had “engaged in human trafficking.”
Click to expand...

Judge Says DOJ May Be Vindictively Punishing Abrego Garcia for Challenging Removal to El Salvador​

A federal judge in Nashville ruled that the Department of Justice’s criminal case against Maryland man Kilmar Abrego Garcia may be a form of punishment against him for legally challenging his abrupt removal to an El Salvador megaprison earlier this year.

U.S. District Judge Waverly Crenshaw found that comments from senior Department of Justice (DOJ) officials, including Attorney General Pam Bondi, raised a “realistic likelihood” that the department sought immigrant smuggling charges against Abrego Garcia for vindictive reasons.

The judge said Abrego Garcia was entitled to discovery against the Trump administration and a hearing in which he can present evidence on why his case should be tossed for vindictive and selective prosecution.

“Deputy Attorney General Blanche’s remarkable statements could directly establish that the motivations for Abrego’s criminal charges stem from his exercise of his constitutional and statutory rights to bring suit against the Executive Official Defendants, rather than a genuine desire to prosecute him for alleged criminal misconduct,” Crenshaw said.

Crenshaw said several comments from Bondi, Homeland Security Secretary Kristi Noem and other executive branch officials the day of Abrego Garcia’s return were also concerning.
 
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Bradskii

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essentialsaltes said:
U.S. District Judge Waverly Crenshaw found that comments from senior Department of Justice (DOJ) officials, including Attorney General Pam Bondi, raised a “realistic likelihood” that the department sought immigrant smuggling charges against Abrego Garcia for vindictive reasons.
Click to expand...
Trump vindictive? Great Caesar's ghost! You mean, it could all be a bunch of hooey? Is it possible that so many people fell for the lies? Surely not!
 
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essentialsaltes

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essentialsaltes said:

Judge Says DOJ May Be Vindictively Punishing Abrego Garcia for Challenging Removal to El Salvador​

A federal judge in Nashville ruled that the Department of Justice’s criminal case against Maryland man Kilmar Abrego Garcia may be a form of punishment against him for legally challenging his abrupt removal to an El Salvador megaprison earlier this year.
Click to expand...

After mistaken deportation, Abrego Garcia fights smuggling charges​

U.S. District Judge Waverly Crenshaw will hear evidence on motions from the defense asking him to dismiss the charges and throw out some of the evidence.

Abrego Garcia has asked Crenshaw to dismiss the smuggling charges on the grounds of “selective or vindictive prosecution.”

A Department of Homeland Security agent testified at an earlier hearing that he did not begin investigating the traffic stop until after the U.S. Supreme Court said in April that the Trump administration must work to bring back Abrego Garcia.

In a recent ruling, [probably the above] Crenshaw found “some evidence that the prosecution against him may be vindictive" and said many statements by Trump administration officials “raise cause for concern." Crenshaw specifically cited a statement by Deputy Attorney General Todd Blanche, on a Fox News Channel program, that seemed to suggest the Justice Department charged Abrego Garcia because he won his wrongful-deportation case.

The two sides have been sparring over whether senior Justice Department officials, including Blanche, can be required to testify in the case.

Another motion from Abrego Garcia asks the judge to suppress evidence in the case. It claims the 2022 traffic stop that ultimately led to the smuggling charges was illegal, so evidence from that stop should not be used at trial.

Attorneys for the government argue that the trooper made an honest mistake [that the limit was 65 when it was actually 70].
 
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Judge orders immediate release of Kilmar Abrego Garcia from immigration detention​

Judge Paula Xinis said he has been detained "without lawful authority.”

U.S. District Judge Paula Xinis said in her order on Thursday that "since Abrego Garcia's wrongful detention in El Salvador, he has been re-detained, again without lawful authority."

Xinis said that the absence of a removal order prevents the government from removing Abrego Garcia from the U.S.

Judge Xinis, the judge in Abrego Garcia's immigration case, in August blocked the government from removing him from the United States until the habeas case challenging his removal was resolved in court.
 
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essentialsaltes said:

Judge orders immediate release of Kilmar Abrego Garcia from immigration detention​

Judge Paula Xinis said he has been detained "without lawful authority.”

U.S. District Judge Paula Xinis said in her order on Thursday that "since Abrego Garcia's wrongful detention in El Salvador, he has been re-detained, again without lawful authority."

Xinis said that the absence of a removal order prevents the government from removing Abrego Garcia from the U.S.

Judge Xinis, the judge in Abrego Garcia's immigration case, in August blocked the government from removing him from the United States until the habeas case challenging his removal was resolved in court.
Click to expand...
211qxk.jpg
 
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ICE barred from re-detaining Kilmar Abrego Garcia through Christmas holiday​

In a hearing in Maryland, U.S. District Judge Paula Xinis extended, through the holiday, the temporary restraining order that keeps Abrego Garcia out of federal custody while the government attempts to deport him to Liberia or another country.

On Friday, his attorneys filed a motion seeking sanctions against the Trump administration for allegedly violating a court order that barred officials from making extrajudicial statements that could impact the case. After Abrego Garcia's release from ICE detention, Chief Border Patrol Agent Gregory Bovino called him an "alien smuggler" and "wife beater" on national TV, his attorneys said.

abcnews.go.com

ICE barred from re-detaining Kilmar Abrego Garcia through Christmas holiday

ICE is barred from re-detaining Salvadoran native Kilmar Abrego Garcia through the Christmas holiday, the federal judge in his immigration case said Monday.
abcnews.go.com abcnews.go.com
 
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My shocked face, let me show you it.

essentialsaltes said:

After mistaken deportation, Abrego Garcia fights smuggling charges​

In a recent ruling, [Judge] Crenshaw found “some evidence that the prosecution against him may be vindictive" and said many statements by Trump administration officials “raise cause for concern." Crenshaw specifically cited a statement by Deputy Attorney General Todd Blanche, on a Fox News Channel program, that seemed to suggest the Justice Department charged Abrego Garcia because he won his wrongful-deportation case.
Click to expand...

Judge says documents suggest top DOJ officials may have pushed to prosecute Kilmar Abrego Garcia after wrongful deportation​

The judge said the documents may contradict the government’s arguments.

A newly unsealed order in Kilmar Abrego Garcia's criminal case reveals that a top Department of Justice official called his prosecution "a top priority" shortly after he was mistakenly deported -- potentially contradicting the Trump administration's claims that the decision to prosecute Abrego Garcia was made by local prosecutors, a federal judge said.

Several emails involving Associate Deputy Attorney General Aakash Singh were referenced in the unsealed order, including one in which the top DOJ official "made clear" that Abrego Garcia's criminal prosecution was a "top priority" for the department.

Last week, the judge postponed the criminal trial that was scheduled for next month.
 
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essentialsaltes

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essentialsaltes said:

ICE barred from re-detaining Kilmar Abrego Garcia through Christmas holiday​

Click to expand...

ICE can’t take Kilmar Abrego Garcia back into custody, federal judge rules​

Kilmar Abrego Garcia cannot be re-detained by Immigration and Customs Enforcement officials, a federal judge ruled Tuesday, dealing the Trump administration another blow in its effort to keep him locked up while it attempts to deport him again.

The injunction issued by US District Judge Paula Xinis, of the federal court in Greenbelt, Maryland, follows an emergency order she handed down in December that similarly blocked officials from taking Abrego Garcia into immigration custody.

Tuesday’s decision is the latest judicial rebuke of the government’s maneuvering in Abrego Garcia’s case, which has come to symbolize the administration’s hardline — and, at times, slapdash — approach to immigration enforcement.

Federal officials, Xinis continued, “have done nothing to show that Abrego Garcia’s continued detention in ICE custody is consistent with due process.”

Though Abrego Garcia has for months said he would prefer to be sent to Costa Rica, where officials previously said they would give him some form of legal status, the Trump administration has given no support for that desire, mystifying both his attorneys and Xinis.

[Maybe he should pull a brer rabbit, "Please don't throw me into that Costa Rica!"]

[HIs lawyer] “Instead, they’re flailing about trying to deport him to Africa – why? It’s clear that the only reason is to punish him for having the courage to stand up for his rights.”

[Meanwhile the separate criminal case is focusing on whether the prosecution is unfair targeted.] The judge has already indicated through several rulings that he’s sympathetic to those arguments.
 
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1771414971694.png


American Homeland Secretary, Kristi Noem, posing in front of caged inmates in El Salvador's mega-prison, the Terrorism Confinement Center!

President Trump would have us believe that he can dictate terms for Iran's nuclear program, threaten to annex Greenland and kidnap the leader of Venezuela - but he is apparently powerless to have an innocent man returned from a notorious El Salvador mega-prison!

This new mega-prison, the Terrorism Confinement Center, was recently built at a cost of $150 million, with a projected capacity of housing 40,000 inmates - 80 to 100 housed in each cell with only 80 beds (no mattresses), 2 sinks and 2 toilets!

The Terrorism Confinement Center is not only currently accepting American illegals, but the El Salvador government has even offered to accept those American citizens currently incarcerated in US prisons - an option President Trump favors!

The Trump Administration has currently agreed to pay El Salvador $4.76 million to house up to 300 illegal American prisoners!

The American government provides El Salvador with a lump sum that is not calculated not on a per capita basis, as long as the number of prisoners being sent remains below the 300 threshold!

Why would the El Salvador government and/or the Terrorism Confinement Center voice any objections to the sending of innocent prisoners back to America if their funding from the Trump Administration was to remain the same?
 
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