Thread by @willchamberlain

Let's tell the story of Kilmer Armado Abrego-Garcia, the "Maryland Father" (read: likely member of MS-13) who was removed to El Salvador, and who The Atlantic (and apparently the entire political left) are demanding be returned to the United States.

First: his detention. He was detained in March 2019 and charged with removability. Abrego Garcia is a "native and citizen" of El Salvador. He crossed the border illegally in 2012, and was thus removable - totally independently of whether he was in MS-13.

The finding that he was a member of MS-13 only came up because he asked for bond. The immigration judge reviewed the evidence and found that it "show[ed] he is a verified member of MS-13." and therefore that Abrego-Garcia did not demonstrate "that his release from custody would not pose a danger to others."

The Immigration Judge also found that Abrego-Garcia was a flight risk, noting his "history of failing to appear for proceedings pertaining to his traffic violations." Thus, on two independent grounds, the judge denied his bond.

Abrego-Garcia appealed to the Board of Immigration Appeals, which affirmed the immigration judge's findings on dangerousness, and thus dismissed the appeal.

Fast forward six months, with a new tactic. Instead of challenging the finding of removability, Abrego-Garcia filed a new claim for 1) asylum: 2) withholding of removal to El Salvador; and 3) protection under Article 3 of the Convention against Torture.

We have to remember the situation Abrego-Garcia is in. He is facing imminent removal, given the ruling of the first immigration judge. He has two brothers who have green cards. His fiancé is a citizen, and has just given birth to his child. He clearly wants to stay.

And so, at this hearing applying for asylum, he testifies that he fears returning to El Salvador because the 18th Street Gang "was targeting him and threatening him with death because of his family's pupusa business."

He argued that the gang was extorting his mother, Cecilia. That they threatened to kill him. Of course, they never reported anything to the police. Still, he fears for his life eight years later, he testified - even though the family had closed down the pupusa business.

Despite the convenience of Abrego-Garcia's claims (now being made eight years after the fact, while facing imminent removal), and despite the lack of corroborating evidence beyond affidavits from his family, the new immigration judge found Abrego-Garcia's account "credible."

Even after this finding, the new immigration judge could not grant Abrego-Garcia's asylum claim. That was obviously time-barred. Ergo: Abrego-Garcia DOES NOT HAVE LEGAL STATUS IN THE UNITED STATES.

However, Abrego-Garcia was granted a withholding of removal to El Salvador. That's not a legal right to stay in the United States - only a legal right to not be removed to one specific country. Any third country would be sufficient.

So, that's the issue. The United States did indeed make an administrative error. The removed him to El Salvador when there was a withholding of removal to El Salvador.

But that begs the question - could the administration terminate this withholding of removal?

The answer to that question is almost certainly yes. If there is a "fundamental change in circumstances" that means Abrego-Garcia's "life or freedom would no longer be threatened" in El Salvador, his withholding of removal could be terminated.

Remember that Abrego-Garcia's withholding of removal in 2019 was based on his fear that the 18th Street Gang would persecute him if he returned to El Salvador.

Well, thankfully, Nayib Bukele has CRUSHED the 18th street gang. It is now safe for Abrego-Garcia to return!

Again, Abrego-Garcia has NO LEGAL STATUS in the United States. He just had the temporary right not to be removed to El Salvador.

He should have had an interview on this subject, and not deported until it was granted. Nonetheless - the end result would have been the same.

A number of left-wing commentators have been getting basic things wrong here. @timodc calls Abrego-Garcia a "legal resident." WRONG. Abrego-Garcia's asylum claim was denied, he was a removable alien.

Podcaster @jonfavs (and @grok, apparently) believe there is no evidence that Abrego-Garcia is a member of MS-13.

WRONG. Both the original immigration judge and the Board of Immigration Appeals found there was sufficient evidence of such to render him a danger to the public.

This, from @David_J_Bier, is incredibly misleading. Abrego-Garcia had a legal right not to be deported to El Salvador out of a 2019-era fear that he would be persecuted by the 18th Street Gang. Bukele, as discussed, crushed that gang!

One final point. Let's be real about this: Abrego-Garcia and his family were likely LYING about the threats to his safety. He only came up with this story about his mom's pupusa business AFTER HE HAD BEEN DENIED BAIL.

This guy crossed the border illegally in 2012 by his own admission. He never gained legal status. He was finally detained in 2019, and found removable. He came up with a sob story to delay his deportation. Even if he were telling the truth, he should have had his withholding of removal removed as early as 2022, once Bukele had crushed the Eighteenth Street Gang. He has no right to be in this country, he crossed our border illegally, and he has been residing in this country illegally for almost twelve years. Totally independently of whether or not he is a member of MS-13 (which he likely is), he needed to go home!

FIN