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Merged Due process in the US

Hercules56 said:
So then he should appeal his imprisonment before a Salvadorian judge.
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Why is the Trump administration incapable of doing the right thing and picking up the phone? What has the Salvadorean judicial system got to do with it? No Salvadorean court or judge put him there.

A Salvadorean judge can't overturn a conviction that doesn't exist, not throw out a case against him which doesn't exist.
 
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Hercules56 said:
So then he should appeal his imprisonment before a Salvadorian judge.
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Why is that the right thing to do, from a law perspective? It's contract law, not criminal law or habeas law. The prison is under contract to house all those the United States presents for detention. No one in El Salvador has broken any laws or violated any contract. Habeas in El Salvador is not an option.
 
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JayUtah said:
Why is that the right thing to do, from a law perspective? It's contract law, not criminal law or habeas law. The prison is under contract to house all those the United States presents for detention. No one in El Salvador has broken any laws or violated any contract. Habeas in El Salvador is not an option.
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USA gets on the phone:

"hey, send the guy back, we made a boo-boo"

El Salvador says:

"naaa, we will deal with it. He's our citizen, not yours. Thanks".


Now what?
 
According to international law, who now has full and total jurisdiction over this man?

Not the USA. By mistake or on purpose, he is now out of our hands.

This is now an El Salvadorian matter. We can ask, but we cannot demand. El Salvador is a sovereign nation.
 
JayUtah said:
Now what, what? You just made up a scenario that ignores all the relevant law and facts of the case. Try again.
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Again, which international laws now matter?

He's their citizen, in his homeland. We have no jurisdiction anymore.
 
Hercules56 said:
... This would require a big favor from his native country. Why would El Salvador do this favor for him?
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What big favour would it require? Perfectly serious question.

It does not appear to require any favour from anyone except the entity which contracted with the prison to incarcerate the man saying they should release him. That entity appears to be the US government.
 
Hercules56 said:
This is now an El Salvadorian matter. We can ask, but we cannot demand. El Salvador is a sovereign nation.
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Do you deny that a contractual agreement exists between the United States and El Salvador by which the U.S. pays El Salvador to house prisoners designated as criminals by the United States?
 
Hercules56 said:
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?
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What you seem to be saying is that the correct result was arrived at, so why does it matter.

I would suggest you lie down in a darkened room and have a really, really good think about the issues that sort of attitude invites.
 
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