will25u said:
And... He has been released. Free illegal on way back to Maryland.
jacketman03 said:Ag with kids said:jacketman03 said:Ag with kids said:flown-the-coop said:
And he's been ordered a released again. Never stop Dems, never stop.
https://abcnews.go.com/US/judge-orders-immediate-release-kilmar-abrego-garcia-immigration/story?id=126511576Quote:
A federal judge has ordered the immediate release of Kilmar Abrego Garcia from immigration detention.
U.S. District Judge Paula Xinis said in her order Thursday that "since Abrego Garcia's wrongful detention in El Salvador, he has been re-detained, again without lawful authority."
Xinis said that the absence of a removal order prevents the government from removing Abrego Garcia from the United States.
He has HAD a removal order for years...
Apparently the district judge is too stupid to know that...
He has not had a removal order. The order from 2018 did not order him removed, it said that the US could not remove him to El Salvador.
A removal order has to state where he is being removed to, so where does his removal order at he is to be removed?
No...he HAD a removal order. He had a WITHHOLDING order that wouldn't allow that removal to El Salvador.
You're misunderstanding what a withholding of removal order does. A withholding of removal order says that an alien is removable, but there are reasons to not grant a removal order, so there is no removal order issued. Then, if the government can later show that the conditions that led to the withholding order have been alleviated, the government can then get a removal order.
The fact that a withholding of removal order exists is dispositive proof that there is no removal order.
Hubert J. Farnsworth said:will25u said:
And... He has been released. Free illegal on way back to Maryland.
You've got to be kidding me. So there is no way they can get rid of this illegal? What kind of stupid country are we living in?
Lmao just read the opinion. The judge even put the exact language with the conclusion and then went on how to apply a made up rule on what establishes a removal order under federal law.
— Audeamus, J.D. (@RegalCathedral) December 12, 2025
Yes he did -- you simply don't understand how to read it. I'd explain it to you but I would be giving away my Substack story tomorrow.
— Shipwreckedcrew (@shipwreckedcrew) December 12, 2025
Xinis is trapped in the mindset of an Article III judge that an "Order" is a document with a caption and a directive. That's not the case. https://t.co/nJAROqEmgH
Released MS-13 terrorist Kilmar Abrego Garcia wages war against the Trump Administration.
— Benny Johnson (@bennyjohnson) December 12, 2025
"I will continue to fight against the injustices of this government." pic.twitter.com/02UjSQh5HY
BREAKING: Obama-appointed judge Paula Xinis has GRANTED Kilmar Albrego Garcia a restraining order against ICE, preventing him from being re-detained.
— Libs of TikTok (@libsoftiktok) December 12, 2025
More activist judges protecting criminal illegal aliens. pic.twitter.com/8Xp22BULnc
LAWFARE: Judge Paula Xinis falsely claimed ICE needed a nonexistent “order of removal” form to hold Kilmar Abrego Garcia. She sidestepped Congress’ jurisdiction limits to free him. Pure judicial sabotage of immigration law.
— @amuse (@amuse) December 12, 2025
Paula Xinis ruled that because ICE could not produce an… pic.twitter.com/myVDu1JPj3
Colonel Kurtz said:
Biden imported 50 million illegals and Trump can't even get one (wife-beating felon) of them deported. Just ignore the judges already.
She's going to reject the "fix."
— Shipwreckedcrew (@shipwreckedcrew) December 12, 2025
If she accepts it, then she's stripped of jurisdiction.
THAT was the entire purpose of her Order yesterday -- to maintain jurisdiction in the face of the jurisdiction-stripping statute imposed by Congress on District Courts in 1996. https://t.co/OnOD1DSmSN
jacketman03 said:
So, if, as everybody seems to be saying, he conceded that he was subject to a removal order, and the government was arguing that there was a removal order, why would the government have gone to a court that no longer has jurisdiction over his immigration case (the IJ denied his motion to reopen, and he appealed it, so his immigration case is currently pending before the BIA) to get a removal order last night?
"... the Court found his removability to be established".
— Shipwreckedcrew (@shipwreckedcrew) December 12, 2025
The definition of "order of removal" under the INA includes a "conclusion" as to removability. It need not be a "directive."
The IJ decision says that was found at the first hearing.
The regulation says the… https://t.co/7f9q9tPJBh
jacketman03 said:
So, if, as everybody seems to be saying, he conceded that he was subject to a removal order, and the government was arguing that there was a removal order, why would the government have gone to a court that no longer has jurisdiction over his immigration case (the IJ denied his motion to reopen, and he appealed it, so his immigration case is currently pending before the BIA) to get a removal order last night?
Ag with kids said:jacketman03 said:
So, if, as everybody seems to be saying, he conceded that he was subject to a removal order, and the government was arguing that there was a removal order, why would the government have gone to a court that no longer has jurisdiction over his immigration case (the IJ denied his motion to reopen, and he appealed it, so his immigration case is currently pending before the BIA) to get a removal order last night?
Because that ****ing court is erroneously claiming jurisdiction.
And if the DoJ DIDN'T follow through with it, then you'd be screaming bloody murder about Trump being a dictator and ignoring the law.
They're going to appeal. They'll win the appeal. And hopefully, one of the superior courts will slap down some sanctions on this judge for overstepping their bounds...
— Shipwreckedcrew (@shipwreckedcrew) December 12, 2025
— Margot Cleveland (@ProfMJCleveland) December 15, 2025
Quote:
The consequence of this Court's decision is that Petitioner has no final order of removal. That means he is not presently removable from the United States. But it does not mean he is not subject to any form of detention. If there is no final order of removal, immigration proceedings are ongoing, and Petitioner is subject to pre-final order detention under the separate legal authority in 8 U.S.C. 1225 and/or 1226. This Court's new TRO precluding detention therefore has no legal basis, and must be immediately dissolved.
Indeed, following this Court's order, an IJ has issued a new removal order that includes the language omitted from the 2019 order. As Petitioner acknowledges, that order is not yet final and cannot currently be executed; by its terms, it preserves Petitioner's right to appeal within 30 days to the Board of Immigration Appeals (BIA). If Petitioner has any objection to the new order, the Case 8:25-cv-02780-PX Document 115 Filed 12/14/25 Page 1 of 15 2 BIA is the place to raise those arguments in the first instance; following a BIA appeal, Petitioner can also petition for review in the Court of Appeals. But in the meantime, Petitioner is subject to continued detention while his (renewed) immigration proceedings play out, and this Court has no jurisdiction to indulge a premature collateral attack on the new removal order.
... The DAG office’s role, Abrego’s attys argue, conflicts with multiple assertions from US Atty McBride, who initially claimed that the Office of DAG was "not involved.” Later, when DAG's role emerged, McGuire said said it was just “appropriate oversight.” ...
— Roger Parloff (@rparloff) December 22, 2025
/2 pic.twitter.com/Wn1UM2l2Op
The brief is a supplemental filing in which Abrego Garcia is asking that the indictment be dismissed for vindictive prosecution.
— Roger Parloff (@rparloff) December 22, 2025
NEW: Judge seizes on pair of fresh Trump administration errors in Kilmar Abrego Garcia deportation case, extends order keeping him free into next month https://t.co/uwakltBjAH
— Josh Gerstein (@joshgerstein) December 22, 2025
The Judge presiding over the criminal case of Kilmar Abrego Garcia has filed a ruling under seal that will become public on December 30. pic.twitter.com/3zYZqWpOiW
— Adam Klasfeld (@KlasfeldReports) December 23, 2025
JUST IN: Judge postpones decision on whether DAG Blanche & aide Singh must testify at vindictive prosecution hearing for Kilmar Abrego Garcia. Trial due in Jan. also postponed, but court will hear other witnesses Jan. 28. Doc: https://t.co/3OCsNNaL5Q
— Josh Gerstein (@joshgerstein) December 24, 2025