Was he? The statement I read was that he had neither of those things, the people he was with had some marijuana. Can you provide a source?
The second point is at least willfully misleading, the second judge just didn't overturn the first judges decission because it was not "clearly wrong" - that is not the same as accepting the evidence and declaring him as MS13 member.
Lastly just to reiterate, for all we know he might very well be MS13 - you still need to follow due process, and if it was only a 5 minute hearing to remove his protected status it is even worse to not do it.
i dont disagree that his lack of 4a in this case was problematic. i just dont think this nonsense saying there's ZERO evidence is at all helpful. its misleading. if he was given a case he likely would have been deported anyways, that doesnt excuse his lack of due process, its just context.
like lets not take "judge refused to revisit his gang status" lightly. judges review evidence from previous cases, its not a simple hand waving. see below, the judge again allowed garcia to present evidence he wasnt in ms13, and reviews the testimony that he was implicated under. garcia presented character witnesses, and a lack of criminal record. and was shot down because this isnt strong evidence.
https://storage.courtlistener.com/recap/gov.uscourts.mdd.578815/gov.uscourts.mdd.578815.11.2_3.pdfin any case his alleged gang member status played into his lack of deportation order, the context for that order is no null and void. Barrios 18 ran amok in El Salvidor at the time of the stay of deportation, they have presence but no longer run the country. if it was unsafe to deport him for fear of targeting, whether he's in a gang or not, he can now be deported because they dont run the streets anymore. once he leaves a plane in el salvidor and is on their soil its not the business of the USA to dictate where he goes. whether its in a gang prison, sent to his family, or shot on the spot. we put him on a plane if he can be deported then wash out hands. if he was no from el salvidor then thats a problem, i detest 3rd nation deportations and consider them a violation of cruel and unusual punishment.
Source:
https://www.justice.gov/ag/media/1396906/dl?inlineat the time of contact group members caught stashing pot under a car, Kilmar had 1,178$ cash on him. this isnt a crime (the cash) nor is he directly implicated in the pot in the report's narrative section. he's just there with 3 confirmed ms13 members hanging out in a known ms13 symbol shirt and had, with an alleged ms13 tattoo on his hands, from the country ms13 originated in, and has been targetted by ms13's rival gang. oh and was confirmed by a gang informant to be in ms13. zero evidence tho..... /s
This post was edited by thesnipa on Apr 25 2025 06:58am