The country may gain an appreciation for how convoluted the process of deportation has become with the massive number of illegals the Biden Administration allowed to enter the country.
El Salvador is now one of the safest countries in central and South America. What torture would JMS be subjected to? He left the country at age of 15, so he would have no fear of the Bukele government. And it’s not like he was sent to a detention facility in El Salvador, correct?
His appeal could be held by Zoom. Why require his presents in this country? If by some unlikely event this person wins the appeal of the removal order, then he can petition for re-entry. As for the 30 minutes late removal flight, I don't care......
As Shipley so correctly points out, these kind of mistakes are going to frequently occur with the millions of deportations necessary. They came in by the millions, unlawfully and without “due process”, and there has to be some way, either under the Constitution or around it, to deport them by the millions, also without any “due process”. I have only a paralegal degree, but somebody has to come up with a universal solution.
It seems they are receiving the process due foreign nationals, as they are not under the jurisdiction of the US. Due process for aliens is found in the Immigration Courts, per the INA statutes.
GIven that the 2nd Circuit Court can only review the case for legal matters, and not change the prior deportation decision based on the facts at hand, it's extremely unlike this individual would be granted a right to remain in the U.S. So, from a purely efficiency standpoint, couldn't the 2nd Court review the matter with the respective legal representatives, and then render a judgment without bringing the individual back to the States?
Thank you; someone has finally pointed out that these process "issues" so many Democrats are raising (often inaccurately) about deportations are primarily occurring because the Biden-Harris-Mayorkas regime refused to enforce the law, made it easier for criminal illegal immigrants/aliens to remain in the US (and apply for Medicaid).
"An Immigration Judge rejected both claims, and the Board of Immigration Appeals affirmed the Judge."
Um lucky for him Trump (OMB*) was elected and activist judges want their moment in the sun...
This is an EXCELLENT breakdown/explainer thank you for doing it. It's helpful to have facts at hand in the face of the media onslaught whose talking points will be repeated ad nauseum by pretty much everyone in conversation. I may choose not to engage but I'll do so smugly knowing the facts. No point in ever trying to impart them of course. Le sigh.
Curious about how and why the Case Officer erroneously entered the May 9 date. Also, what was the basis of the 2 appellate judges granting relief? Finally, with this bureaucratic bungling and miscommunication, it sure sounds like DHS and DOJ could stand to benefit from DOGE and Musk's tech support
El Salvador is now one of the safest countries in central and South America. What torture would JMS be subjected to? He left the country at age of 15, so he would have no fear of the Bukele government. And it’s not like he was sent to a detention facility in El Salvador, correct?
Wonderful exposition, Ship! This should be a standard reference for journalists and citizens on this incident.
What bothers me most is that SCOTUS, courts & judges are catering to the minority leftists' caterwauling.
An honest mistake. With the added bonuses of another illegal criminal deported and a couple of leftist judges flummoxed. I’ll take that as a win.
His appeal could be held by Zoom. Why require his presents in this country? If by some unlikely event this person wins the appeal of the removal order, then he can petition for re-entry. As for the 30 minutes late removal flight, I don't care......
As Shipley so correctly points out, these kind of mistakes are going to frequently occur with the millions of deportations necessary. They came in by the millions, unlawfully and without “due process”, and there has to be some way, either under the Constitution or around it, to deport them by the millions, also without any “due process”. I have only a paralegal degree, but somebody has to come up with a universal solution.
It seems they are receiving the process due foreign nationals, as they are not under the jurisdiction of the US. Due process for aliens is found in the Immigration Courts, per the INA statutes.
GIven that the 2nd Circuit Court can only review the case for legal matters, and not change the prior deportation decision based on the facts at hand, it's extremely unlike this individual would be granted a right to remain in the U.S. So, from a purely efficiency standpoint, couldn't the 2nd Court review the matter with the respective legal representatives, and then render a judgment without bringing the individual back to the States?
Thank you; someone has finally pointed out that these process "issues" so many Democrats are raising (often inaccurately) about deportations are primarily occurring because the Biden-Harris-Mayorkas regime refused to enforce the law, made it easier for criminal illegal immigrants/aliens to remain in the US (and apply for Medicaid).
Removal of CBC from catching and vetting aliens contributed to this disaster the Trump
adm is tasked with cleaning up.
"An Immigration Judge rejected both claims, and the Board of Immigration Appeals affirmed the Judge."
Um lucky for him Trump (OMB*) was elected and activist judges want their moment in the sun...
This is an EXCELLENT breakdown/explainer thank you for doing it. It's helpful to have facts at hand in the face of the media onslaught whose talking points will be repeated ad nauseum by pretty much everyone in conversation. I may choose not to engage but I'll do so smugly knowing the facts. No point in ever trying to impart them of course. Le sigh.
*Orange Man Bad
Thanks for continuously making us smarter, Ship.
I agree, it is helpful to know the facts and law for all those with a legal glitch between the DC judges ruling and the ALJ’s prior ruling(s).
Curious about how and why the Case Officer erroneously entered the May 9 date. Also, what was the basis of the 2 appellate judges granting relief? Finally, with this bureaucratic bungling and miscommunication, it sure sounds like DHS and DOJ could stand to benefit from DOGE and Musk's tech support