Pirate's Cove

I’m not sure if this was the best option

Judge denies motion to reopen Kilmar Abrego Garcia’s immigration case

An immigration judge on Wednesday denied a motion filed by Kilmar Abrego Garcia’s attorneys to reopen his immigration case, according to a copy of the decision obtained by ABC News.

In the emergency motion filed in August to reopen the case, attorneys for the wrongly deported Abrego Garcia argued that because he was deported to El Salvador and then brought back to the United States, he is now eligible to apply for asylum within one year of his last entry into the U.S.

But in the order filed on Wednesday, Regional Deputy Chief Immigration Judge Philip Taylor said that Abrego Garcia’s motion to reopen his motion to seek asylum is “untimely” because he filed the motion nearly six years after his immigration proceedings — beyond the 90-day deadline required. (snip)

The immigration judge also said that evidence Abrego Garcia provided in his motion arguing for protection due to his fear that he will be tortured or killed by the Salvadoran government because he’s been labeled an MS-13 gang member is “insufficient.”

Judge Taylor said that when Abrego Garcia was detained in El Salvador’s CECOT mega-prison, he was not subjected to “the conditions described in his country conditions evidence,” and added that Abrego Garcia indicated that he was not “specifically singled out” by CECOT guards “before his mistreatment started or while it was taking place.”

See, perhaps if they gave Maryland Dad an asylum hearing the information about his connections to MS-13 would come to light. They would note him having beaten his wife. Being busted trafficking illegals. Then deny his asylum case, at which point he would no longer be allowed to remain in the U.S. and he could be deported forthwith. Unless the federal government wants to prosecute him for the trafficking.

Anyhow, WTF?

Immigration officials outline plans to accept new DACA applicants

Federal immigration officials have revealed plans to reopen the Deferred Action for Childhood Arrivals program to new applicants to comply with a court order, though they cautioned the Trump administration retains the discretion to modify the Obama-era policy.

U.S. Citizenship and Immigration Services has made plans to accept and process new DACA applications from immigrants not enrolled in the initiative, which currently allows more than half a million so-called “Dreamers” to live and work in the U.S. without fear of deportation, the Justice Department said in a court filing Monday.

How can a court order Los Federales to restart a program that was never authorized by Congress? That it was simply from Obama using his pen and issuing an EO, knowing that EOs do not necessarily last beyond a president’s term(s)? That any following president can cancel in full with another EO, because it was never authorized by the Legislative Branch? If Trump hasn’t done so, he should put out an EO cancelling DACA, which Obama himself said he didn’t have the authority to enact. I have no idea how this court came to this ruling…well, I do, the judge is a wackjob who has no understanding of the Constitution, or, just doesn’t care…but, if this makes it to the Supreme Court they are sure to kill it.

While President Trump tried to terminate DACA during his first term — a move the Supreme Court blocked in 2020 on technical grounds — he has not articulated a firm plan for the program’s future during his second administration.

Oh, well.