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Margot Cleveland Profile picture
@ProfMJCleveland
Apr 11 • 5 tweets • 2 min read • Read on X
*1 I updated this post b/c as my third or fourth post explained, SCOTUS was actually confusing re "return to U.S." portion of the order. Here's confusing language. Facilitating release from custody in El Salvador is appropriate & "handling as it would have" is appropriate Image
2/ Problem is SCOTUS said the ORDER properly. . . but the ORDER didn't require U.S. to handle as it would have...it required return to U.S. and had he not be removed to El Salvador, he would have been removed elsewhere.
3/3 SCOTUS has unfortunately made a bigger mess of things. Sorry for my quick misread.
4/ My position as the Government would be: SCOTUS said we had to facilitate his release FROM PRISON. It did not say we had to facilitate his return to U.S. And SCOTUS said we have to treat Garcia as if he hadn't been wrongly flown to El Salvador, which would mean flying to X.
5/5 District court will likely say no that means you have to return him to U.S. Given Trump has flown other gang members to Gitmo, that's his compliance. In fact, I'd do that now.

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More from @ProfMJCleveland

Margot Cleveland Profile picture
Apr 12
🚨🚨🚨Two new filings in Garcia case (El Salvadorian improperly removed to El Salvador). First, Garcia's attorneys followed district court's lead to file a Motion for Supplemental relief. That Motion asks Court to enter an order requiring 3 things: 1/ Image
2/ Full Motion here. Motion opens by saying that because Trump said if SCOTUS ordered him to bring someone back he would, but that ignores reality that Trump doesn't control El Salvador. storage.courtlistener.com/recap/gov.usco…
3/ Specifics of what Garcia requests go to my earlier THREAD that the improper removal isn't an olly olly oxen free. The wrongful removal does not entitle Garcia to parole in U.S. Image
Read 9 tweets
Margot Cleveland Profile picture
Apr 12
THREADETTE: So, more I think about it, the more I think improper removal of El Salvador national lacks judicial remedy. Now that would be "conscience shocking" if mistake happened to U.S. citizen. BUT mistake re Garcia is different because: 1/
2/ a) He is illegal alien; b) who had due process and was found (1) removable, (2) not entitled to asylum & (3) not entitled to protection under CAT (Convention Against Terrorism); (4) sole reason he couldn't be removed to El Salvador no longer exists; (5) he is El Salvadorian.
3/ Add to that, had Trump Administration not made error in sending him to El Salvador, he would still be removed from U.S. and possibly still to El Salvador. Yes, yes, yes, it was a mistake, but that doesn't mean court can create a fix because El Salvador HAS an interest
Read 7 tweets
Margot Cleveland Profile picture
Apr 11
🔥Yesterday a federal court denied an injunction to delay DHS's requirement that aliens (including) illegals register, holding plaintiffs lack standing. I'm surprise there are no other cases challenging these regs even though STATUTE requires registration. 1/
2/ Here's entire decision which is worth a read to understand how the administrative state runs the government often in violation of Congress's commands. storage.courtlistener.com/recap/gov.usco…
3/ More broadly, the order summarizes the registration process and illustrations how Trump Administration is fighting illegal immigration: If they don't register, they commit a crime; if they commit a crime an investigation can be launched to obtain info from IRS to locate.
Read 4 tweets
Margot Cleveland Profile picture
Apr 11
THREAD: As I stressed yesterday, SCOTUS made a BIGGER mess out of case involving removing of Garcia to El Salvador. SCOTUS's order was cautiously framed in suggestive terms designed to be equally respectful to co-equal branches of our government. It has ALREADY backfired. 1/
2/ It was entirely predictable that it would backfire because there is no mutual respect between Article II and Article III. Even last night, district court Judge Xinis fired first shot by entering a blatantly inaccurate order that mirrored media's talking points.
3/ Here is what she wrote. SCOTUS point blank did NOT affirm her order. To the contrary, the Court wrote that it granted in part and denied in part the application "subject to the direction of this order." Image
Image
Read 12 tweets
Margot Cleveland Profile picture
Apr 10
2/ Rather, SCOTUS indicates order should be limited to requiring government to "facilitate" Garcia's "release from custody in El Salvador." Garcia was wrongly removed to El Salvador and Trump should do that BUT remove him to another country.
3/ SCOTUS, however, failed by saying order "properly" the Government "to ensure that his case is handled as it would have been had he not been improperly sent to El Salvador." The order did not such thing & in fact suggested Garcia had been improperly arrested. Image
4/ SCOTUS should have said that the Court could order the Government to handle the case as it would have had Garcia not been improperly sent to El Salvador....which would mean removing him to another country. District court will likely be up to more mischief.
Read 6 tweets
Margot Cleveland Profile picture
Apr 9
🚨🚨🚨Listening to D.C. Circuit oral argument in NTEU v. Vought re stay. 1/
2/ Judges Pillard, Katsas, and Rao:
Judge Katsas says how do we great stay? Is it a scope question?
Yes:
DOJ: Not shutting down an agency is the appropriate injunction. Clause 4: Bars closing down injunction or email. Deals with the Consumer Financial Protection Board operations.
3/ Argument is focusing on whether "scope" was injunction.
DOJ: Court tried to shift burden to us. No problem with allowing employees to do statutory work. But injunction goes to far. Key parts are 2, 3, 4, and 7.
Other parts it's inappropriate to have judicial supervision where no violation.
Read 5 tweets

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