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BIA Rules MS-13 Gang Member Won't Be Subject To Torture in CECOT
Posted on 4/22/25 at 3:33 pm
Posted on 4/22/25 at 3:33 pm
Since all of you have been doom and gloom since Saturday, here is a little boost from the Board of Immigration Appeals:
Link to Opinion
This is clearly going to be used for people like Kilmar, and other Salvadoran nationals who have gang affiliations. The process works if you let it play out.
quote:
Based on the facts and evidence in this case, the applicant, a former MS-13 gang member, has not met his burden to show he will more likely than not be tortured in El Salvador based on the government’s state of exception policy.
Link to Opinion
quote:
The applicant is a native and citizen of El Salvador, who entered the United States for the first time without inspection in 1999. He joined the MS-13 gang while residing in the United States. In 2006, he was convicted of murder in the United States District Court for the Western District of North Carolina. After completing his sentence for murder, he was removed to El Salvador in 2021. He illegally reentered the United States in 2022
quote:
The Immigration Judge found that if the applicant is removed, he will be detained upon his arrival in El Salvador pursuant to the state of exception policy because he will be identified as a former gang member deported from the United States who has numerous gang-related tattoos and a criminal history. We discern no clear error in this predictive finding. See Matter of Z-Z-O-, 26 I&N Dec. 586, 590 (BIA 2015) (explaining that an Immigration Judge’s predictive findings of what may or may not occur in the future are findings of fact, which are subject to a clearly erroneous standard of review). It is undisputed that the applicant either is or was a member of the MS-13 gang2 and that he has several tattoos related to his gang membership, including “MS” tattooed on the back of his head with three letters representing his gang clique and Mara Salvatrucha tattoos on his arms and chest. The record establishes that the applicant has a serious criminal history in the United States, and that information about his criminal history and gang affiliation would likely be shared with the Salvadoran Government through the Criminal History Information Sharing Program between the United States and El Salvador (Exh. 9, Tab L at 97, Tab P at 160–66, Tab Q at 184–86).
This is clearly going to be used for people like Kilmar, and other Salvadoran nationals who have gang affiliations. The process works if you let it play out.
8
Posted on 4/22/25 at 3:38 pm to lionward2014
quote:
This is clearly going to be used for people like Kilmar, and other Salvadoran nationals who have gang affiliations. The process works if you let it play out.
We don't have time to adjudicate each case one at a time.
We need to fast track this shite with 20 courts doing 10-20 cases per day.
Posted on 4/22/25 at 3:42 pm to LSUbest
Use that 90,000 IRS agents money to hire 50,000 Immigration court judges.
Posted on 4/22/25 at 3:42 pm to LSUbest
quote:
We need to fast track this shite with 20 courts doing 10-20 cases per day.
There are 71 courts and approximately 700 judges. There was expansion of new courts and judges, but DOGE shut it down.
Posted on 4/22/25 at 3:49 pm to lionward2014
The CECOT citizens will not like that special treatment, maybe consider him an informant. To bad huh
Posted on 4/22/25 at 4:16 pm to lionward2014
quote:
There are 71 courts and approximately 700 judges. There was expansion of new courts and judges, but DOGE shut it down.
You’re exceptionally dumb if you think DOGE cuts are a significant source of immigration case backlogs.
Posted on 4/22/25 at 4:25 pm to the808bass
quote:
You’re exceptionally dumb if you think DOGE cuts are a significant source of immigration case backlogs
Not a significant source, but it's not helping clear the backlog. Unless Miller thinks he has some ace up his sleeve to eliminate due process they have taken steps that will only slow down removals now that massive roundup occurred.
Posted on 4/22/25 at 4:27 pm to lionward2014
quote:
Not a significant source
Good. We agree that your previous post was silly.
Posted on 4/22/25 at 4:30 pm to lionward2014
quote:
This is clearly going to be used for people like Kilmar, and other Salvadoran nationals who have gang affiliations. The process works if you let it play out.
That's true. The due process required when entering the country works, if they'd just let it.
Posted on 4/22/25 at 4:30 pm to lionward2014
quote:
There was expansion of new courts and judges, but DOGE shut it down.
Omg!! It all makes sense now. This is all the fault of doge.
I thought it may have had something to do with the countless lawsuits which should be dismissed but are filled in the district of activists judges who stop depersonalization even though they will be overruled next level up.
Irs ridiculous.
Posted on 4/22/25 at 4:32 pm to lionward2014
quote:
After completing his sentence for murder, he was removed to El Salvador in 2021. He illegally reentered the United States in 2022
Posted on 4/22/25 at 4:32 pm to lionward2014
quote:
convicted of murder in the United States District Court for the Western District of North Carolina
Then deported, then came back illegally... his due process is way past over and the only thing he should have gotten was a catapult ride out of the country...
This idea that these criminals are owed due process for deportation is beyond asinine...
Posted on 4/22/25 at 4:36 pm to thetempleowl
quote:
I thought it may have had something to do with the countless lawsuits which should be dismissed but are filled in the district of activists judges who stop depersonalization even though they will be overruled next level up.
That's going to get cleared up here shortly by SCOTUS thankfully.
Posted on 4/22/25 at 4:37 pm to lionward2014
quote:What if I was hoping he WOULD get tortured?
here is a little boost
Posted on 4/22/25 at 4:38 pm to lionward2014
I didn't know he was convicted of murder in the US. My opinion was frick this guy. Now its double frick this guy!!
This scumbag has had enough due process.
He has twice been ordered deproted by two different judges. He beat his wife, he traffics women, why does anyone think this guy deserves any more than this country has already given him??
This scumbag has had enough due process.
He has twice been ordered deproted by two different judges. He beat his wife, he traffics women, why does anyone think this guy deserves any more than this country has already given him??
Posted on 4/22/25 at 4:40 pm to The Maj
quote:
This idea that these criminals are owed due process for deportation is beyond asinine...
If we don’t provide infinite rounds of due process, we all spontaneously combust!!
Posted on 4/22/25 at 4:40 pm to lionward2014
Due process does not mean you have to get a court hearing, especially for a non citizen. Due process for an illegal doesn't have to consist of any more than an administrative finding of fact that they are in the country illegally. That should be the end of the story
Posted on 4/22/25 at 4:41 pm to lake chuck fan
Different guy. Same idea.
Lionward thinks we should line up 20M people in court until hell freezes over.
Lionward thinks we should line up 20M people in court until hell freezes over.
Posted on 4/22/25 at 4:46 pm to LSUbest
quote:
We don't have time to adjudicate each case one at a time.
Exactamundo!
Loading Twitter/X Embed...
If tweet fails to load, click here.Posted on 4/22/25 at 4:49 pm to the808bass
quote:
Lionward thinks we should line up 20M people in court until hell freezes over.
Lionward thinks the INA is outdated and we need a new system that is relevant to the reality of 2025 America.
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