![[The Great War & Modern Memory]](https://cdn.bsky.app/img/avatar/plain/did:plc:54sd6bipe7inusth2cgvlcc4/bafkreidnyt2oxqzjc2wllgsri4lhrohpdqdstk4yrtl4smltawlsesemcy)
The Trump administration said it is ready to #deport Kilmar #Abrego #Garcia to #Liberia and asked U.S. District Court Judge Paula #Xinis to dissolve her order blocking that from happening.
2
2
0
0
Hashtag
#xinis
Advertisement · 728 × 90
PVTV, Political Views TV news and views 12/23/25
#PeaceTalks, #Czechia, #Putin vs #ElonMusk #KesslerSyndrome, #Boasberg vs #CECOT, #Xinis #AbregoGarcia, #EpsteinFiles, #FlightLogs, #CFPB, #PayForPlay, #Colorado, #WarnerBrothers #LarryEllison, #Instacart, #WindFarms
podcasts.apple.com/us/podcast/p...
0
0
0
0
www.documentcloud.org/documents/26...
#Xinis
#AbregoGarcia
0
0
0
0
“For the public to have any faith in the administration of justice, the Court’s narrowly crafted remedy cannot be so quickly and easily upended without further briefing and consideration.” 🎯 #ICE #USpol #Xinis #Garcia #MAGAts #immigration #KilmarAbregoGarcía
1
0
1
0
Nice! Federal Judge #Xinis issues order to prohibit immigration officials from rearresting & detaining #KilmarAbregoGarcia
Kilmar Abrego Garcia walked away after a scheduled appointment at an #ICE field office o...
#democracy #usa #gop #fascists #fascism
👉 Vote 'em Out!
1
0
0
0
Nice! Federal Judge #Xinis issues order to prohibit immigration officials from rearresting & detaining #KilmarAbregoGarcia
Kilmar Abrego Garcia walked away after a scheduled appointment at an #ICE field office on Friday to the cheers of a crowd assembled outside. A federal judge issued a […]
1
2
0
0
Respondents instead found a fourth African country, Liberia. This time, when the Court sought information about Liberia & Costa Rica so to fairly assess the validity of Abrego Garcia's claims, Respondents did not just stonewall. They affirmatively misled the tribunal. They announced that Liberia is the only viable removal option because Costa Rica "does not wish to receive him," …& that Costa Rica will no longer "accept the transfer" of him…. But Costa Rica had never wavered in its commitment to receive Abrego Garcia, just as Abrego Garcia never wavered in his commitment to resettle there…. This evidently remained an inconvenient truth for Respondents. But more to the point, Respondents' persistent refusal to acknowledge Costa Rica as a viable removal option, their threats to send Abrego Garcia to African countries that never agreed to take him, & their misrepresentation to the Court that Liberia is now the only country available to Abrego Garcia, all reflect that whatever purpose was behind his detention, it was not for the "basic purpose" of timely third-country removal. Zadvydas, 533 U.S. at 697.
Judge #Xinis also alternatively finds that the govt is not detaining him to execute a removal order — because if they did want to deport him they could have sent him to Costa Rica any time since August but have refused to do so (& lied about why) because the admin […]
[Original post on masto.ai]
0
2
0
0
The withholding decision also included a separate "order" that did not command Abrego Garcia's removal to El Salvador or anywhere else. Id. The order reads in its entirety: ORDER It is hereby ordered that: I. the Respondent's application for asylum pursuant to INA? § 208 is DENIED; II. the Respondent's application for withholding of removal pursuant to INA § 241(b)(3) is GRANTED; and III. the Respondent's application for withholding of removal under the Convention Against Torture is DENIED. ECF No. 1-1 at 15 (dated and signed by IJ).
Here is the full text what the immigration judge ordered in 2019. As Judge #Xinis notes, NONE of these three things include an order of removal.
The government tried to argue that the withholding grant was "implicitly" a removal order, but the #law requires an […]
[Original post on masto.ai]
0
3
1
0
B. No Order of Removal Exists for Abrego Garcia No such order of removal exists for Abrego Garcia. When Abrego Garcia was first wrongly expelled to El Salvador, the Court struggled to understand the legal authority for even seizing him in the first place. At the first hearing in Abrego I, the Court inquired of Respondents' counsel: The Court: I want to ask, though, the very specific question, if there is a final order of removal, what ... document got this process started? There is no warrant for his arrest by an order of removal. There is no statement of probable cause. There's no charge. There's no report that says that anyone saw Mr. Abrego Garcia doing anything illegal or criminal. So what is the actual document that gave these officers the authority to start this process? Counsel: That is not in the record, and the government has not put that into the record. And that's the best I can do. Abrego I, ECF No. 33 at 21:11-22. The Court continued to press counsel about the existence of a removal order and was told plainly that none can be found:
The Court: Okay. So if there's a Title 8 removal order, there would be an order of removal that's being executed, and we don't have one for Mr. Abrego Garcia, right? ... Do you have that order?... Is it in the record? I do not have that order. It is not in the record. Counsel: Id. at 23:7-24:4. Since that time, Respondents have never produced an order of removal despite Abrego Garcia hinging much of his jurisdictional and legal arguments on its non-existence. ECF No. 1 99 68-69; ECF No. 32 at 10, 15-17, 27; ECF No. 87 at 11-12. Indeed, Respondents twice sponsored the testimony of ICE officials whose job it is to effectuate removal orders, and who candidly admitted to having never seen one for Abrego Garcia. See ECF No. 107 at 30:16-22 (testimony of Cantú) (*Q: Based upon your many years of experience you described to us, you know what a final order of removal looks like, right, sir? Cantú: I do. Q: And have you seen a final order of removal in regard to Mr. Abrego Garcia? Cantú: I have not."). See also Abrego I, ECF No. 234 at 46:6-12 (testimony of interim Assistant Director for ICE Removal Operations, Thomas Giles ("Giles")) ("Q: You have not seen the final order of removal, have you, sir? Giles: What do you mean by that? Q: I mean, you have not seen a piece of paper that represents the final order of removal vis-a-vis Mr. Abrego Garcia, correct? Giles: No, I have not."). I Based on this, the Court concludes that no order of removal exists.
Judge #Xinis finds that #KilmarAbregoGarcia was NEVER ordered deported in 2019. She notes that ever since this began in March 2025, the government has NEVER been able to produce ANY evidence that the immigration judge actually issued a removal order.
#law […]
[Original post on masto.ai]
0
4
1
0
![Ultimately, Respondents' calculated effort to take Costa Rica "off the table" backfired. Within 24 hours, Costa Rica, through Minister Zamora Cordero, communicated to multiple news sources that its offer to grant Abrego Garcia residence and refugee status is, and always has been, firm, unwavering, and unconditional. See ECF No. 108 at 1. See also Maria Sacchetti, Costa Rica says it would accept Kilmar Abrego Garcia, contradicting U.S., WASH. POST (Nov. 21, 2025), https://www.washingtonpost.com/immigration/2025/11/21/kilmar-trump-deport-costarica/ (Zamora Cordero stating that Costa Rica would receive Abrego Garcia "under humanitarian conditions that guarantee the full respect for his rights and liberties.... That position that we have expressed in the past remains valid and unchanged to this day."); Laura Romero, Costa Rican official says country willing to accept Abrego Garcia, contradicting Trump administration officials, ABC NEws (Nov. 21, 2025), https://abcnews.go.com/International/costa-rican-official-country-accept-abrego-garcia-contradicting/story?id=127775855, (Zamora Cordero confirming that "Costa Rica's offer to receive Mr. Abrego Garcia for humanitarian reasons remains in place. ... My letter dated August 25, 2025 [sic], is the official position of the government."). Respondents have sat mum since.](https://cdn.bsky.app/img/feed_thumbnail/plain/did:plc:z5dcgwxgfgqj72dyuzkp6nu2/bafkreidlw5vcjqqn5cxo5z2f4dxp77wmhiyo6njvfotpjkhlta3nsayvta)
Ultimately, Respondents' calculated effort to take Costa Rica "off the table" backfired. Within 24 hours, Costa Rica, through Minister Zamora Cordero, communicated to multiple news sources that its offer to grant Abrego Garcia residence and refugee status is, and always has been, firm, unwavering, and unconditional. See ECF No. 108 at 1. See also Maria Sacchetti, Costa Rica says it would accept Kilmar Abrego Garcia, contradicting U.S., WASH. POST (Nov. 21, 2025), https://www.washingtonpost.com/immigration/2025/11/21/kilmar-trump-deport-costarica/ (Zamora Cordero stating that Costa Rica would receive Abrego Garcia "under humanitarian conditions that guarantee the full respect for his rights and liberties.... That position that we have expressed in the past remains valid and unchanged to this day."); Laura Romero, Costa Rican official says country willing to accept Abrego Garcia, contradicting Trump administration officials, ABC NEws (Nov. 21, 2025), https://abcnews.go.com/International/costa-rican-official-country-accept-abrego-garcia-contradicting/story?id=127775855, (Zamora Cordero confirming that "Costa Rica's offer to receive Mr. Abrego Garcia for humanitarian reasons remains in place. ... My letter dated August 25, 2025 [sic], is the official position of the government."). Respondents have sat mum since.
Judge #Xinis calls out the govt for misrepresenting Costa Rica’s position on taking #KilmarAbregoGarcia.
“Ultimately, Respondents' calculated effort to take Costa Rica ‘off the table’ backfired. Within 24 hours, Costa Rica, through Minister Zamora Cordero […]
[Original post on masto.ai]
1
3
1
0
US District Judge Paula #Xinis ruled that #ICE must release #KilmarAbregoGarcia from custody immediately.
“Since Abrego Garcia’s return from wrongful detention in El Salvador, he has been re-detained, again without lawful authority,” the judge wrote. “For this reason, the Court will GRANT […]
0
4
1
0
Overnight #KilmarAbregoGarcia’s attorneys asked Judge #Xinis for severe sanctions against the #Trump admin for violating court orders, saying officials stonewalled them for months, & outright lied.
They want fines & an investigation […]
0
2
0
0
Some good news on the "better make sure all US residents have due process because..." and "basic human decency" front - www.cbsnews.com/news/trump-a...
#kilmar #cristian #xinis #boasberg
1
2
0
0
Accordingly, it is this 4th day of June 2025, by the United States District Court for the District of Maryland, hereby ORDERED that: The Motion to Intervene and Unseal Court Records filed by the Press Movants is GRANTED IN PART and DENIED IN PART. The Clerk is directed to UNSEAL ECF Nos. 98, 98-1, and 98-2. The Clerk is further directed to UNSEAL ECF No. 101 in its entirety. ECF No. 102 shall REMAIN UNDER SEAL. The Clerk is directed to file the redacted version, as supplied by the Court, at ECF No. 102-1. The Clerk is directed to UNSEAL ECF Nos. 104 and 105. The Court Reporter is directed to prepare and release a redacted version of the April 30, 2025 hearing transcript. The redactions shall be made at the direction of the Court and are narrowly tailored to exclude classified information and material potentially subject to the state secrets privilege. June 4, 2025 Date /S/ Paula Xinis
Judge #Xinis GRANTS a motion by #news organizations to unseal certain records in the #KilmarAbregoGarcia case. Some remain under seal. Some will be unsealed with redactions. Some will be unsealed without redactions […]
[Original post on masto.ai]
1
8
0
0
1
0
0
0
Cooper points to Wilkinson line in 4th Circuit opinion that the government's claim that there's nothing more to be done to facilitate return is "shocking" to the conscience & that indicates that there's #misconduct
Wrapping up, #Xinis thanks everyone.
She announces a 10 minute break before the […]
0
1
0
0
Guynn: Govt's claim is that he is a member of MS-13 & he was removed on that basis, is basis of detention in #ElSalvador bc the Salvadoran govt believes he's MS-13 too
#Xinis: Maybe we need to table this for sealed hearing.
Guynn agrees.
Xinis: Anything else to talk about in open court before […]
0
0
1
0
#Xinis: C'mon, you took over this case. You read that transcript.
There's a back-&-forth between Guynn & Xinis. Guynn eventually agrees to assume for the sake of argument that Garcia was unlawfully detained/removed.
But says even if that's assumed, there's still no showing of govt #misconduct […]
0
0
1
0
#Xinis interjects: No, no, no. During that first hearing the government admitted that Mr. Abrego Garcia was unlawfully detained.
There was an unlawful detention, she says.
There's a looooooooong, awkward pause.
Guynn says he can't speak to what happened at that hearing in which the govt […]
0
1
1
0
Guynn addresses the govt #misconduct exception. Says not clear from Cooper's discussion what misconduct at issue. Failure to provide info? Failure to comply w/court's order? Etc
#Xinis: Or all of the above? [exactly]
Guynn starts talking about the circumstances of #KilmarAbregoGarcia's removal […]
0
0
1
0
After Cooper argues that #DeliberativeProcess #privilege doesn't apply given #misconduct by the govt, he turns to another exception: the "compelling need" exception.
That squarely overrides the invocation of the privilege here, he tells Judge #Xinis.
Cooper: This discovery is relevant & […]
0
0
1
0
Guynn: Think would need to brief that. But I don't want to concede that #intent is at issue.
#Xinis asks attorney for #KilmarAbregoGarcia to come up & address the "government misconduct" exception to #DeliberativeProcess #privilege.
Because the privilege is not absolute & can be overcome by a […]
0
1
1
0
#Xinis: Intent to facilitate, intent to comply w/my order.
Guynn: When you refer to #intent, what are you referring to?
Xinis: Can give you cases I've been thinking about. There's a proposition that #DeliberativeProcess #privilege doesn't really apply when intent is at issue
Gives hypo: re […]
0
1
1
0
Guynn: That's why there are so many privileged documents here that's why hard to ID document custodians, etc.
#Xinis: Almost impossible to determine from the log on what basis you're claiming attorney client privilege. Eg, if you have 18 people CC'ed on an email. without more info, I can't […]
0
0
1
0
Guynn: The govt obviously had a dispute over what facilitate means
#Xinis: What's interesting about that is that you had to have the Fourth Circuit tell you that. "My decision wasn't good enough."
Guynn says there's more context to set the stage but he thinks that would need a sidebar.
There […]
0
0
1
0
Guynn says context is important. Expedited discovery was ordered, & collecting docs or preparing declarations from witnesses is a task that takes months, not days or weeks
#Xinis interjects: Not in this court. If I order it, you do it. This is my court.
That said, I understand this is an […]
0
1
1
0
Rossman: If I gave your honor what I have of meaningful #discovery, it'd be nothing
#Xinis announces that she wants to move on to discussion of the #DeliberativeProcess #privilege. Wants to talk about the #law on that, then move the hearing under seal to discuss further.
Guynn is up first to […]
0
0
1
0
Rossman: Last thing I would mention is about the prospect of in camera review.
I am not at all suggesting the entirety of the privilege log should be made availble to the court. But we do think that your honor should look at some of these documents…
#Xinis: the problem I'm having—not to beat a […]
0
1
1
0
Rossman: points to cases in which there are both public & classified declarations submitted by the #ExecutiveBranch head. Time after time, those affidavits are extremely detailed.
#Xinis: But in some of the cases it's more of a mixed bag. That's why I'm asking for more information so I can […]
0
0
1
0