This on a Federal judge’s order….
Homeland Sec. Noem has said in the past that she would have Garcia re-arrested and exported from the US….
This case has been going on back and foreth in the courts for almost a year…
Garcia has been the original poster guy for Trump exporting migrants to various countries after then have been detain ed in America…
Stay tuned….
“Since Abrego Garcia’s return from wrongful detention in El Salvador, he has been re-detained, again without lawful authority,” Xinis wrote. “For this reason, the Court will grant Abrego Garcia’s Petition for immediate release from ICE custody.”
Despite the complex history of Abrego’s case, Xinis wrote that the reason for releasing him from ICE detention is “quite simple”: Abrego doesn’t have a deportation order. The judge who heard his 2019 deportation case, and barred his removal to El Salvador, never issued a “final order of removal,” a necessary step before deportation. Therefore, Xinis wrote, ICE had no lawful basis to hold him.
The White House and the Department of Homeland Security vowed to challenge the order.
DHS spokeswoman Tricia McLaughlin, who had previously vowed that Abrego “will never go free on American soil,” called Xinis’ decision “naked judicial activism by an Obama appointed judge.”…
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Xinis noted in her opinion Thursday that the misrepresentation appeared to be part of a pattern of Trump administration officials resisting her orders. At least six times, she said, she’d instructed the government to send officials with specific knowledge of Garcia’s case to court prepared to testify.
ICE official John Cantu, who testified at the Nov. 20 hearing that Costa Rica was “not an option” for Abrego, was the latest instance, Xinis said, of officials arriving “unprepared or defiant in their refusal to answer questions.”
Abrego’s lawyers, in a separate motion, have asked Xinis to impose sanctions — a move she said in her ruling Thursday she is still considering….
Note…
This case is one of the increasing number that have Federal judges dealing with Justice Dept. lawyers trying to defend carious actions by senior Trump officals who do NOT know the law and don’t much care in following Trump or Miller’s orders to get rid of migrants anyway and increase the ‘body count’ numbers for the media…..
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