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jaywillis.net Jay Willis @jaywillis.net · Apr 7
If the Supreme Court decides that the government can "erroneously" disappear you off the street to a foreign torture prison, and that federal courts have no power to do anything about it, that is, in a meaningful way, Pretty Much It www.supremecourt.gov/DocketPDF/24...
Respondents emphasize that Abrego Garcia was improperly removed to El Sal- vador because, although he could be removed anywhere else in the world under a 2019 order of removal, that order granted statutory withholding of removal to El Sal- vador alone. But, while the United States concedes that removal to El Salvador was an administrative error, see App., infra, 60a, that does not license district courts to seize control over foreign relations, treat the Executive Branch as a subordinate dip- lomat, and demand that the United States let a member of a foreign terrorist organ- ization into America tonight. For starters, because MS-13 members such as Abrego Garcia have since been designated members of a foreign terrorist organization, they are no longer eligible for withholding of removal under 8 U.S.C. 1231(b)(3)(B). Fur- ther, the United States has ensured that aliens removed to CECOT in El Salvador will not be tortured, and it would not have removed any alien to El Salvador for such detention if doing so would violate its obligations under the Convention Against Tor- ture. Moreover, respondents treat the relief here as “routine,” Resp. C.A. Stay Opp. 1, but that relief goes far beyond merely facilitating an alien’s return, which is what courts have ordered in other cases. This order—and its demand to accomplish sensitive foreign negotiations post-haste, and effectuate Abrego Garcia’s return to- night—is unprecedented and indefensible.
April 11, 2025 at 5:17 PM