Yes, the Judge was an immigration judge, but it was for bond, it wasn’t the judge that heard his immigration case.
The “2 courts” were a bond hearing judge and the request to redetermine bond status. Bond hearing occur shortly after detainment, the respondent is provided limited time to rebut due to short turn around time. Neither they or their attorney (if they have one) have time to develop rebuttal evidence, have discovery, solicit testimony, obtain documents, or sworn affidavits.
That means the judge is sitting there with a stack of bond hearing cases and it’s an assembly line process where claims by the government are given undue weight because the resonant is at a disadvantage.
Abrego Garcia’s Bond hearing was in (IIRC) March/April time frame, Judge Jones sat on the ACTUAL immigration hearing where asylum was denied (time limited) and granted the withholding of deportation that after testimony, affidavits, and document submission that Abreo Garcia was creditable. You also don’t mention that Judge Xinis in her opinion was highly suspect of the governments position given the nature of the “evidence” they used.
(NOW, I’m no dissing the Bond Hearing Judge, I’m pointing out that when the evidence is weighed on the merits, later judges were not convinced.)
I don’t know the name of the Judge for the original bond hearing, but Judge Kessler handled the redetermination of bond appeal and Judge Jones sat for the actual immigration hearing.
In this case, we can make the judgement that I have a more accurate understanding than do you because I’m working off facts and data and you’re working off suppositions.
Facts:
*An asylum hearing is not a criminal hearing. The standards for evidence the judge can accept are lower and the attorneys for the asylum seeker have limited opportunity to rebut.
*Garcia’s asylum was denied not because the judges found he was in MS-13 but because he failed to apply for asylum within a year of his arrival in the US
*His bond was denied because of the evidence he was in MS-13 but yet he was still granted a withhold from removal, which the Trump Administration did not appeal. But denying bond is not the same thing as determining guilt.
*The Trump Administration could have denied him authorization to work, but did not, and in fact granted it and renewed it a total of three times…after background checks
Therefore, you cannot claim that Garcia had the kind of due process needed in order to sentence him to prison. And no Executive Power allows the President to imprison people without this due process. Period…end of story.
Note- He didn’t even get the due process needed to get his withhold from removal order revoked (also a fact).
a) I already clarified I was rebutting the claim that they were definitively a translation of the tattoos, not definitively claiming they weren’t. I should have been clearer on that from the fiurst.
b) No one I know is posting pro-gang tweets. I will agree that sometimes the Democrats go overboard from defending rights in principle (in this case, due process) to lionizing the person that’s at the heart of the violation of rights. They did this with George Floyd…some of them are doing this with Abrego Garcia. If it turns out he really is MS-13, this is going to cause a backlash.
c) I would argue that the best time to defend rights from being trampled on by the government IS when the person whose rights are being trampled is someone we may think is a “bad person” or someone we don’t care about or can’t relate to ("he’s an illegal, not an upstanding citizen like me. What do I care?). Because by the time they start trampling on the rights of people we do care about, it’s most often too late. This is precisely why those with authoritarian impulses go after those we would ordinarily marginalize first. Imagine if Trump’s first targets were actually known, confirmed gang members…even if due process was denied, the pushback would have been much less.
It’s so in your face Buekele himself commented on it! No one takes you clowns seriously. Congressmen glorified gangs in his tweet. Watch something other than cnn, in what world is this acceptable? No posts on Morins death, imagine that.
Sigh…Frost was 19 when he tweeted that, not a Congressman.
You didn’t do anything stupid when you were 19?
You want to on him for not being contrite enough about it now?
I’m gonna say who cares? You know why?
Because plenty of people the MAGAs have targeted for the “sins of their past” have been contrite, and it doesn’t make a whit of difference. The MAGAs still attack them because the attack is the point…the ginning up of faux moral outrage is the point.
No point in Frost being contrite because you won’t “forgive him” anyway.
Frost is just doing what MAGAs do…never admit mistakes…never show “weakness”.
And truly you’re all over Frost now in order to distract attention away from the issue of CECOT and denial of due process before imprisonment.
