Supreme Court pauses deadline to return man mistakenly deported to El Salvador
The Supreme Court on Monday temporarily paused a court-imposed midnight deadline to return Kilmar Armando Abrego Garcia, a Maryland man mistakenly deported to El Salvador, agreeing to a request from President Donald Trump to give both sides more time to make their arguments.
Chief Justice John Roberts granted the 맥스카지노administrative stay맥스카지노 on his own, a move that will extend the deadline until the court hands down a more fulsome decision 맥스카지노 probably within a few days. Roberts handles emergency cases rising from the federal appeals court in Richmond, Virginia.
The decision to temporarily pause the case, which is relatively common when the court is facing a quick deadline, means that Abrego Garcia, a Salvadoran national deported on March 15, will remain at a notorious prison in El Salvador for now. A lower court judge had given the administration until midnight to return him to the U.S.
Trump attorneys have conceded in court filings that the administration mistakenly deported the father of three 맥스카지노because of an administrative error,맥스카지노 but said it could not bring him back because he is in Salvadoran custody. His case has added to the already considerable legal scrutiny over White House efforts to deport immigrants without a hearing or review.
The Justice Department told the Supreme Court ordering officials to return the man is 맥스카지노unprecedented맥스카지노 as it sounded now familiar themes arguing that federal courts are overstepping their power.
맥스카지노Even amidst a deluge of unlawful injunctions, this order is remarkable,맥스카지노 recently confirmed Solicitor General D. John Sauer told the Supreme Court in the filing Monday. 맥스카지노The Constitution charges the president, not federal district courts, with the conduct of foreign diplomacy and protecting the nation against foreign terrorists, including by effectuating their removal.맥스카지노
맥스카지노While the United States concedes that removal to El Salvador was an administrative error 맥스카지노 that does not license district courts to seize control over foreign relations, treat the executive branch as a subordinate diplomat, and demand that the United States let a member of a foreign terrorist organization into America tonight,맥스카지노 Sauer added.
Abrego Garcia was in the country illegally, but an immigration judge in 2019 맥스카지노 after reviewing evidence 맥스카지노 withheld his removal. That meant that Abrego Garcia could not be deported to El Salvador. A gang in his native country, the immigration judge found, had been 맥스카지노targeting him and threatening him with death because of his family맥스카지노s pupusa business.맥스카지노
For the next six years, court records show, Abrego Garcia lived in Maryland, checked in with immigration officials annually and was never charged with a crime.
But Abrego Garcia wound up on one of three planes bound for a notorious prison in El Salvador on March 15. Several of the people loaded onto those planes were deported under Trump맥스카지노s invocation of the 1798 Alien Enemies Act 맥스카지노 an invocation that has drawn its own legal challenge now pending at the Supreme Court. But Abrego Garcia, the administration has said, was deported under different authorities.
On Friday, U.S. District Judge Paula Xinis explained in an opinion why she had ordered the government to return Abrego Garcia by 11:59 p.m. on Monday.
White House officials have publicly mocked the judge맥스카지노s order and assert they have no ability to return Abrego Garcia to the United States.
맥스카지노Marxist judge now thinks she맥스카지노s president of El Salvador,맥스카지노 Trump adviser Stephen Miller posted to social media on Friday.
But under oath, the Justice Department has been far less clear about the removal. Pressed by Xinis last week about why the U.S. couldn맥스카지노t return Abrego Garcia, DOJ lawyer Erez Reuveni said he didn맥스카지노t have an answer.
맥스카지노The first thing I did when I got this case on my desk is ask my clients the same question,맥스카지노 Reuveni responded.
The Department of Justice has since placed Reuven and his supervisor on leave.