Nice to--finally--have someone call a spade a spade.
...the Justice Department's brief ridiculed the order by Obama-appointed Judge Paula Xinis to “facilitate and effectuate” Kilmar Abrego Garcia’s return to the US by Monday night...
First clue: "Obama-appointed." Second clue? Superfluous.
Delicious excerpt #1:
... The order below is neither possible nor proper. As noted, Abrego Garcia is an El Salvadoran national, being held in El Salvador, at the hands of the El Salvadoran government....
Body-Slam excerpt #2:
... Because the United States has no control over Abrego Garcia, however, Defendants [US Government] have no independent authority to “effectuate” his return to the United States—any more than they would have the power to follow a court order commanding them to “effectuate” the end of the war in Ukraine, or a return of the hostages from Gaza....
Translation: How Stupid ARE You, Judge-ette?
Actually, very stupid:
...Even putting aside these fundamental defects, the order below also runs into a statutory bar. Section 1252(g) strips district courts of jurisdiction to review “any cause or claim by or on behalf of any alien arising from the decision or action by the Attorney General to … execute removal orders 11 against any alien” under the INA, except as otherwise provided in § 1252. 8 U.S.C. § 1252(g) (emphasis added). This is such a suit. The district court thus lacked jurisdiction over this case, and lacked authority to issue its order. ...
What Trump & Co. are actually saying is this:
Black-letter law cannot be overruled by Blackrobe law. Stuff that up your ass, sweet-cheeks.
Conclusion:
...The government's brief conclusively takes apart every aspect of Garcia's case. He had a deportation order; he had MS-13 connections that make him ineligible to enter the US; and the judge not only doesn't have the clout to make El Salvador send him back to the US, she isn't legally allowed to hear the case. ...
Article Two, Sentence One.
2 comments:
Yale law….
Imbeciles
El Salvador should file a complaint against the judge in the UN's ICC for attempting to exert jurisdiction over their citizens. El Salvador is not a US state or territory.
Post a Comment