Thread by @ProfMJCleveland

THREAD: So, I reviewed the entire docket and what I'm trying to decipher is this: In 2019, Garcia conceded removability and was found removable. He then sought asylum, protection under CAT, and "withholding of removal." 1/

2/ ALJ found Garcia did not qualify for asylum because he did not file petition within 1 year of illegally entering U.S and didn't qualify for CAT relief because no fear of torture by government. On "withholding of removal," ALJ said:

3/ That is key: "Withholding of removal" . . . "confers only right not to be deported to a particular country rather than the right to remain in the U.S." SO in granting "withholding of removal," the ALJ did NOT grant Garcia right to remain in U.S.

4/ What is bizarre is AFTER ALJ entered this ruling, Garcia, who had been held and denied bond because he was considered both a danger because of gang membership & a flight risk, was released. AND then he also received authority to work for 5 years!!!

5/ The statutory language further provides:

6/ From this, it doesn't seem feds needed to do anything other than remove Garcia to another country, i.e., they didn't need to seek another "removal order." Now, I've only review (100s) of immigration cases & not handle ALJ issues, so maybe an immigration lawyer can correct me.

7/ Alternatively, I could see feds seeking to modify withholding of removal given gang (18th street gang) no longer exists and that was basis to withhold him from El Salvador. What about Garcia? Could he file a new request for withholding of removal?

8/ I think he "could" but I don't think that would bar removal under prior order. Also still no basis for withholding of removal. But what about new claim for "cancelation of removal" based on marriage & harm to spouse & child? Well that needs to be brought when order to appear.

9/ And Garcia didn't bring it then because he didn't qualify. Again, he could try but I don't think it can trump a final removal order which we have, and I also don't think it should succeed given it wasn't brought timely.

10/ So, for all Garcia, family, & attorney's screaming, he appears fully removable but not to El Salvador at least until removal order is modified to allow that. Yes El Salvador removal was screw up but removal wasn't.

11/ So, remove him to another country that will take him. But what about wife & kid. So few things: Your reaction depends in part on who you believe: Is he a gang banger or an innocent hard working dedicated father? Now, I've read too many appeals of immigration cases to believe

12/ the stories because records after record showed folks lying and because we have third parties coaching the lies. But what if truly an innocent hard working dedicated father? Well, it is devastating which is why our failure to enforce our immigration laws is not compassionate.

13/ Garcia illegally entered. He admitted he illegally entered and he committed a crime when he illegally entered. And he didn't bother to seek asylum until he was caught. Had he not illegally entered or sought asylum & wouldn't have married & fathered child.

14/ And had we enforced our border he wouldn't have been able to illegally enter or he would have been promptly removed. He should have been promptly removed in 2019 & not released and allowed to work & establish dependencies on him.

15/15 Yes, from a personal level it is devastating but it is devastating because he choose to break the law and his wife who clearly knew he broke the law, choose to make a life with him. Not enforcing the law is NOT compassionate.