Judge Paula Xinis had issued another order after a request for clarification from the Supreme Court.
The Trump administration filed a notice on April 16 that it was appealing a federal judge’s order requiring it to facilitate the return of an illegal immigrant from El Salvador the Justice Department has said was deported due to an administrative error.
The administration is appealing the decision of the U.S. Court of Appeals for the Fourth Circuit, which previously denied its attempt to block U.S. District Judge Paula Xinis’s initial order requiring the facilitation of Kilmar Abrego Garcia’s return to the United States.
The April 10 order the administration was appealing was another Xinis issued after the Supreme Court’s decision that same day on her initial order.
Although the justices affirmed Xinis’s decision to require the facilitation of Abrego Garcia’s release from custody in El Salvador, they asked her to clarify a portion of her order requiring the government to “effectuate” his return.
“The District Court should clarify its directive, with due regard for the deference owed to the executive branch in the conduct of foreign affairs,” the Supreme Court said.
Xinis’s April 10 order came in response to the Supreme Court’s decision and amended her original order to: “Direct that defendants take all available steps to facilitate the return of Abrego Garcia to the United States as soon as possible.”
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It also requested information on the location of Abrego Garcia, as well as what steps the government had taken and would take to facilitate his return.
The administration responded in part by suggesting Xinis was being unreasonable and stating that it wasn’t in a position to share information.
“Foreign affairs cannot operate on judicial timelines, in part because it involves sensitive country-specific considerations wholly inappropriate for judicial review,” it said.
During a hearing on April 15, DOJ attorney Drew Ensign also disagreed with Xinis’s interpretation of the word facilitate and suggested it required more limited action on the part of the federal government.
Xinis disagreed and ordered expedited discovery to uncover more information and determine whether the administration complied with her initial order.
One was a Prince George’s County Police Department report stating that “officers contacted a past proven and reliable source of information, who advised Kilmar Armando Abrego-Garcia is an active member of MS-13 with the Westerns clique.”
MS-13 and a number of other criminal gangs have been designated as terrorist organizations by the Trump administration, with alleged and confirmed gang members illegally residing in the United States prioritized for deportation in accordance with President Donald Trump’s executive order.
The 2019 report added that Abrego Garcia was seen wearing apparel associated with “Hispanic gang culture.”
“The confidential source further advised that he is the rank of ‘Chequeo’ with the moniker of ‘Chele,’” it said.
Abrego Garcia’s attorneys have denied he is part of MS-13, and Xinis has questioned evidence underlying that claim.
This is a developing story and will be updated.
Original News Source Link – Epoch Times
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