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Obama Judge overrules USSC and demands Kilmar Garcia cannot be deported to Uganda.

  • Aug 25
  • 1 min read

Updated: Aug 25

The High Court just recently gave the thumbs up to deportations to third party countries and provided that the Administration (not judges) determine whether threats of persecution exist.

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The judge said there are "several grounds" on which there may be jurisdiction for her to exercise relief — including that Uganda has not agreed to offer Abrego protections, like being able to walk freely, being given refugee status and not being re-deported to El Salvador.


I am not sure that there is any law that allows a deportee to make demands of the country they are being deported to. From what I remember the high court provided a low bar from the Administration to determine which third party country someone can be sent to. The only thing that is legally required here is for the State to show evidence that there is no threat of torture or persecution. If I recall correctly, they even suggested that this decision was to be made by the Administration, not by Judges.


Of course these judges appear to no longer believe they need to follow the USSC orders and we are seeing a further widening of the chasm between these lower court district judges and the USSC. There seems to be an internal war going on in that branch and one that will not end well for either our Democracy or our Judiciary.

 
 
 

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