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Merged Due process in the US

Hercules56 said:
Hmm, it appears that Garcia was arrested at Home Depot with two MS-13 members.
One of them confirmed that Garcia is also part of MS-13, but a low-level member. Both judges accepted this evidence as accurate.
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That confirmation didn't come from either of the men he was detained with. It was an informant (name redacted) whom the police say "has provided truthful accurate information in the past" who said he was a recruit, not initiated into the gang.
 
Jack by the hedge said:
That confirmation didn't come from either of the men he was detained with. It was an informant (name redacted) whom the police say "has provided truthful accurate information in the past" who said he was a recruit, not initiated into the gang.
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So he willingly attempted to join an international violent criminal organization, and has yet to become a full member.

That makes it somehow better?
 
Hercules56 said:
Did you even read the court documents?
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I did. One hearing accepted the police's judgement that he was a gang member (which , to be fair, seemed at least plausible to me) and the second hearing decided he hadn't sufficiently demonstrated he wasn't a danger to the public and so upheld the first decision.
 
Jack by the hedge said:
I did. One hearing accepted the police's judgement that he was a gang member (which , to be fair, seemed at least plausible to me) and the second hearing decided he hadn't sufficiently demonstrated he wasn't a danger to the public and so upheld the first decision.
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AND he didn't sufficiently contest the accepted claim that he was a member of MS-13.
 
Hercules56 said:
So he willingly attempted to join an international violent criminal organization, and has yet to become a full member.

That makes it somehow better?
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It certainly sounds more alarming when you put that slant on it rather than the way you expressed it before: "he just hung out with them". I don't know where on the scale of culpability to put the guy. He hung out with other Salvadoreans seemingly looking for work. Or maybe selling cannabis or some other nefarious thing, IDK. The other two were both apparently gang members. They regarded him as perhaps somewhere between a 'civilian' but an okay guy to hang with or a recruit but not an initiate into their gang.

He could certainly have chosen better friends. Whether they were friends or colleagues I'm not sure. Maybe he wasn't sure either.
 
Hercules56 said:
AND he didn't sufficiently contest the accepted claim that he was a member of MS-13.
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Well, yes, that claim was the sole reason he had any need to demonstrate he was not a danger to the public. He had some traffic tickets to his name, and no criminal record. The claim that he was a gang member was the sole issue hanging over him.
 
Jack by the hedge said:
Well, yes, that claim was the sole reason he had any need to demonstrate he was not a danger to the public. He had some traffic tickets to his name, and no criminal record. The claim that he was a gang member was the sole issue hanging over him.
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Plus his association with gang members.
 
jimbob said:
He's still a person who's entitled to due process
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On that we agree, anyone accused of being a gang member pending deportation should have the right to contest this.

However it appears he twice appealed this determination, and his appeal was rejected twice.

So where is the missing Due Process?
 
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Jack by the hedge said:
It certainly sounds more alarming when you put that slant on it rather than the way you expressed it before: "he just hung out with them". I don't know where on the scale of culpability to put the guy. He hung out with other Salvadoreans seemingly looking for work. Or maybe selling cannabis or some other nefarious thing, IDK. The other two were both apparently gang members. They regarded him as perhaps somewhere between a 'civilian' but an okay guy to hang with or a recruit but not an initiate into their gang.

He could certainly have chosen better friends. Whether they were friends or colleagues I'm not sure. Maybe he wasn't sure either.
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i don’t know that looking for work at the same location counts as associating. i’m not even sure these other guys were gang members. apparently all it takes is wearing a bulls hat
 
dirtywick said:
i don’t know that looking for work at the same location counts as associating. i’m not even sure these other guys were gang members. apparently all it takes is wearing a bulls hat
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Now now, that's not being truthful about the circumstances of the event.
 
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