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US government’s decision to withhold Maryland’s man and send him a Significant prison in El Salvador Seems to be « completely illegal », the federal judge wrote on Sunday in a legal statement explaining why He had ordered The Trump administration returns him to the United States.
There is little evidence to support the « vague, unrestal » claimKilmar Abrego GarciaOnce in the MS-13 street, US District Judge Paula Xinis wrote. And in any case, he said that the Immigration Judge had explicitly prevented the US in 2019 from expeling Abrego Garcia to El Salvador, where he was likely to have a persecution of local gangs.
« As the respondents admit, they had no legal power to arrest him, not justify him, and they have no reason to send him to El Salvador – not to mention that he is released as one of the most dangerous prisons on the West, » Xinis wrote.
He said that « striking » was that the government had claimed that it could not be forced to restore Abrego Garc because he is no longer in detention in the United States.
« They are indeed grabbed by a magnificent proposal that they can oblige anyone – migrant and US citizens – to prisons outside the United States, and then claim that they have no way to get back because they are no longer » custody communities « , and thus has no jurisdiction. » « In practice, the facts say differently. »
The Ministry of Justice has requested a pause for the Xinis decision of the US District 4.
Abrego GarciaImmigration agents arrested a 29-year-old Salvadoran citizen who has never been charged or convicted of a crime and was expelled last month.
Abrego Garcia had a DHS permission to work legally in the United States and was a thin -age student who was licensed, said his lawyer. His wife is a US citizen.
The White House has described the expulsion of Abrego Garcia as a « administrative mistake », but has also thrown him a member of the MS-13 gang. Abrego Garcia’s lawyers said there was no evidence that he would have been in the MS-13.
In his order on Sunday, Xinis referred to earlier comments by Erez Reuvenen, a lawyer of the Ministry of Justice, which has now been suspended, said, « We admit that he should not have been removed to El Salvador » and that he replied « I don’t know » when asked why Abrego Garcia was held.
The Ministry of Justice set Reuven on vacation when he comments.
Attorney Pam Bondi in an interview ”Fox The news on Sunday, « compared Revenen’s comments to » the defense lawyer who walks, admitting something in criminal matters. «
« It never happens in this country, » he said. « So he’s on an administrative vacation now and we see what’s going on. »
Stacey Young, a former lawyer of the Ministry of Justice and the founder of the Ministry of Justice’s Alumni Network, who sought to support employees, published an opinion that defended Reuvenen and said that « enthusiastically represented the United States of some of the higher stakes and controversial immigration cases under Obama, Trump and Biden. »
« The lawyers of the Ministry of Justice are placed in an impossible position: follow the president or maintain their ethical obligation to the court and the Constitution, » Young said. « We should all be grateful to DOJ lawyers who choose the principle of politics and the rule of law for biased loyalty. »
This story was originally presented Fortune.com
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