On Thursday, the Supreme Court ordered the government to take steps to return the Salvaduri immigrant, and it was wrongly deported to a notorious prison in El Salvador.
in Not signedThe court stopped requesting the return of the immigrant, Kilmar Armando Abro Garcia, indicating that the courts may not have the authority to claim the executive branch to do so.
However, the court updated part of the trial judge order that required the government to “facilitate and prepare the return of” the return of “Abrago Garcia.
The ruling of the Supreme Court said: “It is necessary to properly from the government,” Facilitating “the release of Abigo Garcia from reservation in El Salvador and to ensure the treatment of his case because it was not incorrectly sent to El Salvador.” The “intended term” implementation of the term “implementation” in the local court order, however, is not clear, and may exceed the authority of the provincial court.
The case will now return to the court of trial, and it is not clear whether Mr. Abro Garcia will return to the United States and when Mr. Abro Garcia will return to the United States.
The Supreme Court ruling said: “The provincial court must clarify its directive, taking into account the agreement due to the executive authority in the behavior of foreign affairs.” “For its part, the government must be ready to share what it can with regard to the steps it has taken and the possibility of more steps.”
It seems that the ruling is unanimous. But Judge Sonia Sotomoor, to which judges Ilina Kagan and Kitanji Brown Jackson joined a statement that was strongly criticizing the government’s behavior and said it would have supported every part of the trial judge’s order.
“To this day,” Judge Sotomior wrote, “The government has not cited any basis in the law to arrest the indigestible Abu Garcia, and to remove him to El Salvador or his imprisonment in El Salvadouri prison. He cannot do so.”
Judge Sotomior urged the trial judge, Paula Xinis of the Federal Provincial Court in Maryland, to “continue ensuring that the government is up to its obligations to follow the law.”
Andrew J. Rosman, a lawyer for Mr. Abo Garcia, was satisfied with the Supreme Court procedures.
“The rule of law won today,” he said. “It’s time to bring him home.”
Judge Shinis said that the Trump administration committed a “serious mistake” of the “shock of conscience” by sending Mr. Abrago Garcia to El Salvador despite the rule of 2019 from the immigration judge. The immigration judge granted him a special place known as “blocking from removal”, and he found that he might face violence or torture if he is sent to El Salvador.
The administration claims that Mr. Alago Garcia, 29, is a member of a violent violent street gang, MS-13, which was recently identified by officials as a terrorist organization.
Judge Shinis, who was appointed by President Barack Obama, said these allegations are based on “unique unique claim.”
She wrote: “The” Evidence “against Abugo Garcia is not consisting of anything more than his phone hat in Chicago Bulls, and she wrote,” and a mysterious claim that is not interested in one of the secret informants claiming to belong to the “West” League in New York in New York-a place that has never lived. “
In administration Emergency application In an effort to prevent Judge Shenis’s order, De John Saw, the American Attorney, said that she exceeded her authority by engaging in the “boycott court diplomacy”, because it requires working with the Salvador government to secure the release of Mr. Abrago Garcia.
He wrote, “If this precedent exists,” the courts of other provinces can request the success of the other foreigners who have been removed anywhere in the world successfully from work. “
In response To the court, the lawyers of Mr. Abrego Garcia said that their client “sits in a foreign prison only at the request of the United States only, as a result of a mistake in the Cafka.”
They added: “The provincial court order is asking the government to facilitate the return of a routine, it does not refer to a foreign policy or even a local immigration policy in any case.”
Mr. Sauer said it does not matter that the immigration judge had previously banned the deportation of Mr. Abrego Garcia to El Salvador.
“While the United States recognizes that removal to El Salvador was an administrative mistake, this does not authorize the provincial courts to control foreign relations, and to treat the executive authority as a secondary diplomat and asks the United States to invite the United States a member of a foreign terrorist organization in America tonight.”
Mr. Alago Garcia’s lawyers said there is no evidence that it is a danger.
They wrote: “Abyerigo Garcia has lived freely in the United States for years, however, no charge has been charged.” “The government’s claim that it suddenly turned into a serious threat to the republic is not credible.”
Mr. Sawyer said that Judge Shinis was one in a series of rulings from the courts that exceed its constitutional authority.
“It is the latest in a set of restraint orders or temporary restrictions from the same handful of the courts of provinces that demand immediate or semi -Mediterranean compliance, on short, ridiculous final dates,” he wrote.
In her statement on Thursday, Judge Sotomoor wrote that he would be shameful “to” leave Alago Garcia, a husband and father without a criminal record, in Salvadori Prison for a reason recognized by law. “
She added that the government’s position “indicates that it can deport and imprison anyone, including American citizens, without a legal result, as long as it does so before the court interferes.”
“This opinion”, Justice Books, “refutes itself.”
