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Karoline Leavitt Stands Firm For The Fight Against MS-13 and TdA
Kilmer Abrego Garcia: Due Process
Walked across the desert through McAllen, Texas, in 2012.Â
And is still a native and citizen of El Salvador, 13 years later.Â
This is the Court Record from 2019 of Kilmer Abrego Garcia. Notice the 3 names being used.Â
"He argued that he is not a flight risk. He asserted that he has lived in the United States for eight years. He has two brothers who are legal permanent residents."
So, his brothers could not help him with becoming legal residents in 7 years (2012 to 2019)?
"He stated that he failed to appear for hearings on some traffic violations because he was not aware of those hearings, and he intends to hire an attorney to resolve his traffic proceedings."
Admission of guilt. So, after being caught, NOW you're going to hire an attorney to resolve traffic violations. Â
"Accordingly, the Respondent was charged with removability pursuant to INA§ 212(a)(6)(A)(i), as an alien present in the United States without being admitted or paroled, or who arrived in the United States at any time or place other than as designated by the Attorney General."
THAT is Due Process. THAT is a charge for someone who did not follow the process of seeking Asylum. Â
"After considering the information provided by both parties, the Court concluded that no bond was appropriate in this matter. The Court first reasoned that the Respondent failed to meet his burden of demonstrating that his release from custody would not pose a danger to others, as the evidence shows that he is a verified member of MS-13."
Did not seek to prove he is not a threat or danger to others.Â
"Although the Court is reluctant to give evidentiary weight to the Respondent's clothing as an indication of gang affiliation, the fact that a "past, proven, and reliable source of information" verified the Respondent's gang membership, rank, and gang name is sufficient to support that the Respondent is a gang member, and the Respondent has failed to present evidence to rebut that assertion.
Read that last line again: "The Respondent has failed to present evidence to rebut that assertion."
If you're being charged with something that as you sit, you appear guilty, wouldn't you do everything you could to prove yourself and innocence?Â
If you were wrongly accused or wrongly held in confinement, you can seek damages later. That's how the process works.Â
But if you were following rules, procedures, processes, Laws and Orders to begin with... you end up like me, the average human being, doing what you're supposed to do from the start.Â
"The Court further held that no bond was appropriate in order to ensure the Respondent's appearance at future hearings, as he had not met his burden of showing that he would not be a flight risk. See 8 C.F.R. § l 003.l 9(h)(3)." Â
"The Respondent's case presents limited eligibility for relief, thereby significantly diminishing his incentive to appear for future immigration proceedings. He is not married to his fiancé, and any immigration relief that he can be expected to gain from a marital relationship with her in the future is speculative."Â
"Although the Respondent stated that he intends to file for asylum, his eligibility appears limited to withholding of removal and protection under the Convention Against Torture due to his failure to file an application within one year of his arrival in the United States."Â Â
"Those forms of relief are limited and contain standards that are difficult to meet. In addition, the record evidence shows that the Respondent has a history of failing to appear for proceedings pertaining to his traffic violations."Â
"He asserted that he did not receive notice of these proceedings, but in his written statement, he admitted that he remembers receiving citations that he chose not to follow up on."Â
"The Respondent's lack of diligence in following up on his traffic court cases indicates that he cannot be trusted to appear in immigration court."Â
ALL the above is DUE PROCESS.Â
https://t.me/rattletrap1776/15750
~Derek Johnson
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