• FriendBesto@lemmy.ml
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    12 days ago

    Looked into this, out of sheer curiosity.

    The guy is literally a Salvadoran citizen. He is technically home. His family came illegally and stayed illegally for 14 years until he got caught by ICE in 2019 in a parking lot of a mall, with other illegals, while looking for under the table work. Some of the other illegals claimed that he had gang connections but that may be unreliable. Only then, he decided to apply for asylum, which legally he could not do, because his family failed to do so within the first year of arriving to the country as per the Law, regarding Asylum seekerdls. So that window closed. That was on them.

    He was given a limited stay ruling by a judge that could be removed at a moments notice under any circumstance. Which orange man’s ICE did. But honestly it was simply a matter of time.

    Should he be sent to a jail in El Salvador? There is argument that he shouldn’t but he was staying in the US via a slim reason that was based under the belief that gangs in El Salvador would go after him. Why? No idea, since no real proof was ever provided and if he or his family were so concerned over this, they could have tried going the Legal route before. Apparently they were not necessarily poor, either, so this does not look good for their case.

    It was flimpsy reason due to lack of evidence, he is likely not some ex-gang member or even related to someone whose connection could endanger his life. If he was, he would have been dead in the jail, already. Also almost all gangs are in jail in El Salvador, so he may lack legal standing, if he argues the same thing. I find it strange that on the link article it claims that he has gang connections. In previous statements he denied having any.

    Just like Clinton shipped thousands of Salvadoreans back to El Salvador after the civil war ended because they had used the war as the reason to stay in the USA in the first place.

    What should be done is that he should be released from jail but sadly, he had no legal reason to be in the USA. He is not a citizen and he had no legal standing aside a weird, flimpsy exception. He did get a married and has a kid, but he does not have any paperwork to stay and blew a lot of his chances by not acting until he was caught. The other two kids are from his wife’s previous relationship(s).

    I know some will say that he is entitled to due process and looking at it, he got it, back in 2019 and all he got was a flimsy court order that could be removed for any reason. He got some lawyers but no real traction was done in the courts. Despite the drama on the news, it seems that he was legally trying to bleed a stone.

    I get the equally flimsy excuse from ICE that he was sent due to a clerical error by them not getting the newer court order in time. That is suspicious, to say the least.

    Looking at the legality of the issue and removing emotional bias aside, I can see why they may want to take it of the Supreme Court. If we go by facts alone, he may be released from prison but may not be able to come back. Like what is the legal standing for an illegal to stay in the USA, when he has no avenue for asylum? Saying that he has a wife and kid, in the real world does not amount to a legal reason. This whole thing is weird, since if he gets released from the jail, over there, then for sure he is not going to be let back into the USA. He is a fairly unique case, the way things happened.

    • HurlingDurling@lemm.eeOP
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      12 days ago

      Long story short, is he a gang member? Is he a criminal? Put him in an American jail. Is he just an illegal immigrants with no papers and no process of legalization, return him to el salvador as a free citizen not sent to cecot. All else, then let the man be free in the us.

      • FriendBesto@lemmy.ml
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        2 days ago

        Fair takes. Since I posted that, it has been claimed that he was caught with a stash of cash and drugs when he was arrested back in 2019. However, I would wish I could find more data on it. As this does not make him sound as the innocent man CNN AND MSBC claimed that he was. If he is illegal then it makes sense that he was always at a hair’s trigger from being deported. If it was not the Trump’s Admin, it could have done by any Admin.

        It seems that he was a gang member(?) but it seems that he was or at least was a criminal, aside being an illegal, with technically makes him a criminal as he had not seeked for any legal asylum. Was he a gang member for certain? I am honestly not 100% sure as he claims that he was not but two court rulings claimed that he was. Have not read those ruling though.

        Either way, sending him to CECOT seems as overkill. But 8n the end, he has no legal grounds to be in the USA. Specially since 99% of all gangs are now in jail. So even his claim to stay in the USA is now essentially null.

        Edit: Court records show that he has been arrested for domestic violence against his wife. At least twice. Once in 2020, and once in 2021. Wow, the news media trying to sell him as a complete victim is such propaganda.

        • HurlingDurling@lemm.eeOP
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          1 day ago

          Yeah, I’ve seen all the dirt they have been pulling up in the media, however he was not arrested or deported because of those things. Don’t forget that everyone involved said that he should not jave been deported to el salvador, and much less to cecot. It’s not just overkill, this is kidnapping, but the worst part is that even though they have admitted he shouldn’t be there, all are pointing fingers to Trump that only he can bring him back but he’s refusing without giving any clear reason why.

          • FriendBesto@lemmy.ml
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            11 hours ago

            Not dirt. Most media I have seen, including social media go out of their way to obfuscate his story as to try to make him sound more like a saint. He has only had a one kid, with his wife who he married after he got her pregnant, it does not stop the media to claim that he is a father of 3. The other two kids are hers, from a previous marriage. Details matter. Or that he was arrested along with other ranking M13 members, hanging out with them, out of his own free will and agency. Apparently he even had a gang nickname, ‘Chele,’ which translates to “whitey” or “light skinned,” as per their source and that he had a M13 rank. The other two were well know criminals and gang members with one having an extensive criminal history. They were wearing visual queues to the “hear no evil, see no evil, say no evil” gang ‘motto’ of sorts. Which is part of their 0 snitch/or else, code.

            The fourth guy was not M13 as far as the cops could ascertain. But in case you do not know, M13 members only hangout with other M13 members or prospect members, socially in this manner.

            That part I only found once I got a hold of his arrest file, which described his arrest outside the parking lot of a Home Depot. They saw the cops coming. One of the M13 memberd was wanted in connection with a murder investigation. Never saw that reported on MSNBC or CNN at the beginning. How convinient. As details matter.

            He seemed to be alright hanging out with them. He also had traffic violations where he said he failed to make the hearings because he didn’t know about them. Right. Despite he admitting in writing that he knew about them but decided to not do anything about them. He also stated that he was NOT scared of being sent back to El Salvador then.

            That’s before the 2 domestic violence reports to his wife. I mean, as an illegal immigrant, how many Laws do you need to break before anyone says, enough is enough? Maybe if he went after his wife a 3rd time?

            The point is that he only cared about anything only after he got arrested. Not even after he got his fiance at the time pregnant as she was already 5 months when the arrest happened. He has two brothers that tried to at least get legal status. He never bothered. I fail to see how that is the State’s or Trump’s or Biden’s fault, for that matter. His chances of asylum were highly unlikely because of his inaction from the get go. If the same thing had happened under Biden or Obama, this would likely not be in the news the way it has been.

            I knew some gang members years ago, a couple of real and wanna be’s socially and a couple through social work and although the term ‘terrorist’ may be a bit weird, I do know that M13 has no have qualms killing people. They are connected to Mexican Cartels too, who have no qualms making videos of them behading or slicing people open while alive. I have seen seen some. I regretted it.

            M13 would set fires to buses in plain daylight, after shooting a driver just to make a point, etc, etc. So, I am okay with M13 members being sent to CECOT. Horrible to say but there is no other fix, as El Salvador does not do capital punishment and the only people who claim that there is a contextual better way have no idea of what they are really talking about or of how bad it really was.

            I agree that it is an edge case, but his only reasons for staying was a legally flimsy one that could have been removed at any time, and for any reasons under any administration, with very little feasible solution for him. It is feasible that he is being made an example. His only claim to stay was based on a judge feeling sorry for him, based on his own word but showing absolutely 0 solid proof to back it up, makes the ruling weak. Since at the same time he was literally hanging out with them, he was not fearful then, his claim only became a thing after he was caught, and not for almost a decade before. Weird, right? It is not kidnapping though, but it is also not fully Lawful, either. He just fucked up and his luck ran out and the Trump admin likely want to up their deportation stats with grey cases as he is extremely likely to get deported even if he is shipped back for a hearing. His brothers are not being deported and cannot be deported because they did something about it and did not run the clock.

            Here is the record of his arrest. I can see why they likely cannot disclose the informant, as he may be in the gang himself and he will get butchered if he gets found out as one. Which sucks for everyone involved.

            https://www.justice.gov/ag/media/1396906/dl?inline

            As far as CECOT, it is now up to El Salvador’s Goverment to release him either with pressure from the Feds or not. I read the Supreme Court’s ruling, despite what it is being quoted in the media, it is legally very toothless or vague in practice. Plus it states that the District Judge overstepped on some claims in one if its rulings.

            However, it did side partly with him. The Trump admin will appeal. It might likely lose unless more info is made public. And from there, it goes back to the District Courts to make an actionable plan as to how they could try to get him back and get the Feds to comply. The Feds fucked themselves over due to jumping the gun, and putting forth the Legal implication that technically a person could be deported if he crosses the border and the courts do not get to address the issue in time before they do. That part is pretty stupid.