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Merged Due process in the US

It's all a hoax

HEMMER: Is Gitmo sill open?

STEPHEN MILLER: It's wide open

HEMMER: Can you tell me how many immigrants are there?

STEPHEN MILLER: No, I cannot. That's operationally sensitive information. But I want to be very clear. We've been living through a hoax. Nobody has been mistakenly sent to El Salvador.

 
Stephen Miller claims on Fox News that returning the Maryland father who was wrongly deported to El Salvador would constitute a "kidnapping" and "invasion of El Salvador's sovereignty."

"He was not mistakenly sent to El Salvador," Miller lies. "This was the right person sent to the right place."

 
It's all a hoax

HEMMER: Is Gitmo sill open?

STEPHEN MILLER: It's wide open

HEMMER: Can you tell me how many immigrants are there?

STEPHEN MILLER: No, I cannot. That's operationally sensitive information. But I want to be very clear. We've been living through a hoax. Nobody has been mistakenly sent to El Salvador.

Doesn't matter what you think, Miller. Firstly, you aren't the DoJ or Border Security, so you have no authority in this. And a US judge has said he needs to be returned so he can have due process, regardless of what you or Trump thinks. There is no excuse for not complying. So how about you go and get him? Pronto.

ETA: The Rules about this
 
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Cross-posted in Due Process.

Speaking of due process . . .

A United States citizen was mistakenly looped into a Department of Homeland Security email that ordered her to self-deport from the U.S. “immediately.”

Nicole Micheroni, an immigration attorney and partner at the Massachusetts firm Cameron Micheroni & Silvia, was stunned by the official email Friday morning and initially believed it was intended for one of her clients.


“It took me a couple of minutes to realize it was sent to me instead of someone I represent,” Micheroni told the Boston Globe.

The notification was written simply in the subject line as “Notification of Termination of Parole” and did not state a client name or case number.

It has now materialized that the message was sent by mistake, the DHS confirmed. The message continued, “Do not attempt to remain in the United States—the federal government will find you."
Another one of this administration's "mistakes."

Make no mistake about it: if they can do it to her, they can do it to anyone. Even you, even me. These ◊◊◊◊◊◊◊ corrupt people will "mistake" a U.S. citizen to El Salvador one day, count on it.

ETA: Stephen Miller would love to disappear this person. Probably me too.
 
Stephen Miller claims on Fox News that returning the Maryland father who was wrongly deported to El Salvador would constitute a "kidnapping" and "invasion of El Salvador's sovereignty."

"He was not mistakenly sent to El Salvador," Miller lies. "This was the right person sent to the right place."

If returning to El Salvador was such a terrible danger, why didnt this guy plead for asylum as soon as he got to the USA?

Why did he wait till he was arrested YEARS after he came here illegally and had been working here illegally for years?
 
If returning to El Salvador was such a terrible danger, why didnt this guy plead for asylum as soon as he got to the USA?

Why did he wait till he was arrested YEARS after he came here illegally and had been working here illegally for years?
Why does it matter - he was illegally extradited to El Salvador.
 
If returning to El Salvador was such a terrible danger, why didnt this guy plead for asylum as soon as he got to the USA?

Why did he wait till he was arrested YEARS after he came here illegally and had been working here illegally for years?
Why he waited is his business but a court decided he didn't qualify for asylum anyway. What he did qualify for was protection against being sent to El Salvador. Which was then ignored.

A much bigger question in my mind is why he was jailed. El Salvador had nothing on him, did it?
 
If returning to El Salvador was such a terrible danger, why didnt this guy plead for asylum as soon as he got to the USA?
He did effectively the equivalent, hence the 2019 order preventing him from being deported to El Salvador. The government's "error" was to ignore that lawful order.
 
Why does it matter - he was illegally extradited to El Salvador.
Back to his HOME country. That's the issue.

He was sent home. After waiting years to decide that going home was dangerous.

My issue is that he is in a prison when he may not be a criminal, not that he is in El Salvador. Does El Salvador have no Due Process whatsoever? They enjoy locking up possibly innocent people? Does he have a hearing date with a judge there?
 
Why he waited is his business but a court decided he didn't qualify for asylum anyway. What he did qualify for was protection against being sent to El Salvador. Which was then ignored.

A much bigger question in my mind is why he was jailed. El Salvador had nothing on him, did it?
No, why he waited 8 years to ask for asylum is OUR business now.

I question the validity of an asylum request when you waited 8 years, after working illegally in this country. This clearly is no poster boy.

Rather looks like he said "◊◊◊◊ the USA and ◊◊◊◊ their rules", until he finally got caught. Then all the sudden he's "help me help me!!"

I dont buy it. Not yet at least.
 
Back to his HOME country. That's the issue.

He was sent home. After waiting years to decide that going home was dangerous.
His personal decision that it was dangerous doesn't matter at all. A US court decided home was not a safe place for him to be deported to and court decisions matter.
My issue is that he is in a prison when he may not be a criminal, not that he is in El Salvador. Does El Salvador have no Due Process whatsoever? They enjoy locking up possibly innocent people? Does he have a hearing date with a judge there?
My issue too. Why is he in prison?
 
Why? Curiosity?

Whether we have sympathy with the man or not is irrelevant to the bigger issue which is the court ordering he be protected from being deported to El Salvador and the ignoring of that order.
All the details of this case clearly help play a role in deciding how much effort should be made to help this man, especially to help him get back to the USA.
 
All the details of this case clearly help play a role in deciding how much effort should be made to help this man, especially to help him get back to the USA.
How much effort would it be to have someone pick up the phone and say "That guy in the news you threw in jail for us - we kinda shouldn't have sent him. Would you mind letting him go? Thanks."
 
Back to his HOME country. That's the issue.
No. The reason he was sent to El Salvador was not that he was Salvadoran, but rather that he was included in a list of men alleged to be deportable and subject to immediate removal. The choice of destination is entirely a contractual arrangement between the United States government and the dictator of El Salvador.

He was sent home.
No. He was sent to El Salvador because all the men on that list were being sent to El Salvador regardless of previous citizenship or previous residence.

After waiting years to decide that going home was dangerous.
Irrelevant. He had the protection of a lawfully issued order from an immigration court preventing him from being deported to El Salvador.

My issue is that he is in a prison when he may not be a criminal, not that he is in El Salvador. Does El Salvador have no Due Process whatsoever? They enjoy locking up possibly innocent people? Does he have a hearing date with a judge there?
He has committed no crime in El Salvador. He is in a Salvadoran prison solely by an arrangement between the United States and the government of El Salvador to incarcerate those declared by the United States to be deportable as members of any of various violent gangs. The Salvadoran justice system has nothing to do with that contract.
 
No, I'm not an American. I don't like people abusing asylum systems either. And I also don't like people ignoring court orders and thinking they can get away with it because nobody that matters will have sympathy for their victim.
Yes, court orders should be ignored.

But now he's a Salvadorian national back home.

We dont have very much leverage here. And his behavior in the USA makes it hard to justify making any sort of big effort to bring him back here.

Was he an outstanding member of his community? Did he donate to charity? Walk dogs? Feed the blind? Volunteer at homeless shelters?

Whats soo special about this man that he deserves extra special effort from the USA?
 
...He has committed no crime in El Salvador. He is in a Salvadoran prison solely by an arrangement between the United States and the government of El Salvador to incarcerate those declared by the United States to be deportable as members of any of various violent gangs. The Salvadoran justice system has nothing to do with that contract.
He was detained in the USA in 2019. Why? Was he arrested for committing a crime?
 

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