The guy is literally a Salvadoran citizen. He is technically home. His family came illegally and stayed illegally for 14 years until he got caught by ICE in 2019 in a parking lot of a mall, with other illegals, while looking for under the table work. Some of the other illegals claimed that he had gang connections but that may be unreliable. Only then, he decided to apply for asylum, which legally he could not do, because his family failed to do so within the first year of arriving to the country as per the Law, regarding Asylum seekerdls. So that window closed. That was on them.

He was given a limited stay ruling by a judge that could be removed at a moments notice under any circumstance. Which orange man's ICE did. But honestly it was simply a matter of time.

Should he be sent to a jail in El Salvador? There is argument that he shouldn't but he was staying in the US via a slim reason that was based under the belief that gangs in El Salvador would go after him. Why? No idea, since no real proof was ever provided and if he or his family were so concerned over this, they could have tried going the Legal route before. Apparently they were not necessarily poor, either, so this does not look good for their case.

It was flimpsy reason due to lack of evidence, he is likely not some ex-gang member or even related to someone whose connection could endanger his life. If he was, he would have been dead in the jail, already. Also almost all gangs are in jail in El Salvador, so he may lack legal standing, if he argues the same thing. I find it strange that on the link article it claims that he has gang connections. In previous statements he denied having any.

Just like Clinton shipped thousands of Salvadoreans back to El Salvador after the civil war ended because they had used the war as the reason to stay in the USA in the first place.

What should be done is that he should be released from jail but sadly, he had no legal reason to be in the USA. He is not a citizen and he had no legal standing aside a weird, flimpsy exception. He did get a married and has a kid, but he does not have any paperwork to stay and blew a lot of his chances by not acting until he was caught. The other two kids are from his wife's previous relationship(s).

I know some will say that he is entitled to due process and looking at it, he got it, back in 2019 and all he got was a flimsy court order that could be removed for any reason. He got some lawyers but no real traction was done in the courts. Despite the drama on the news, it seems that he was legally trying to bleed a stone.

I get the equally flimsy excuse from ICE that he was sent due to a clerical error by them not getting the newer court order in time. That is suspicious, to say the least.

Looking at the legality of the issue and removing emotional bias aside, I can see why they may want to take it of the Supreme Court. If we go by facts alone, he may be released from prison but may not be able to come back. Like what is the legal standing for an illegal to stay in the USA, when he has no avenue for asylum? Saying that he has a wife and kid, in the real world does not amount to a legal reason. This whole thing is weird, since if he gets released from the jail, over there, then for sure he is not going to be let back into the USA. He is a fairly unique case, the way things happened.

[–] HurlingDurling@lemm.ee 1 points 1 week ago (1 children)

Long story short, is he a gang member? Is he a criminal? Put him in an American jail. Is he just an illegal immigrants with no papers and no process of legalization, return him to el salvador as a free citizen not sent to cecot. All else, then let the man be free in the us.

[–] FriendBesto@lemmy.ml 1 points 1 day ago* (last edited 15 hours ago) (1 children)

Fair takes. Since I posted that, it has been claimed that he was caught with a stash of cash and drugs when he was arrested back in 2019. However, I would wish I could find more data on it. As this does not make him sound as the innocent man CNN AND MSBC claimed that he was. If he is illegal then it makes sense that he was always at a hair's trigger from being deported. If it was not the Trump's Admin, it could have done by any Admin.

It seems that he was a gang member(?) but it seems that he was or at least was a criminal, aside being an illegal, with technically makes him a criminal as he had not seeked for any legal asylum. Was he a gang member for certain? I am honestly not 100% sure as he claims that he was not but two court rulings claimed that he was. Have not read those ruling though.

Either way, sending him to CECOT seems as overkill. But 8n the end, he has no legal grounds to be in the USA. Specially since 99% of all gangs are now in jail. So even his claim to stay in the USA is now essentially null.

Edit: Court records show that he has been arrested for domestic violence against his wife. At least twice. Once in 2020, and once in 2021. Wow, the news media trying to sell him as a complete victim is such propaganda.

[–] HurlingDurling@lemm.ee 1 points 3 hours ago

Yeah, I've seen all the dirt they have been pulling up in the media, however he was not arrested or deported because of those things. Don't forget that everyone involved said that he should not jave been deported to el salvador, and much less to cecot. It's not just overkill, this is kidnapping, but the worst part is that even though they have admitted he shouldn't be there, all are pointing fingers to Trump that only he can bring him back but he's refusing without giving any clear reason why.