RE: The mistake: Its a moot point now that Barrio 18 is gone
Posted on: April 23, 2025 at 17:12:43 CT
BH O'bonga MU
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"If the changed circumstances in El Salvador with respect to Barrio 18 are such that there is no longer a basis for finding a “credible fear of persecution” at the hands of that gang, that issue can be heard and resolved by an Immigration Judge through a telephone conference without Abrego-Garcia’s consent to proceed in that fashion.
So there is a simple solution to fixing the WOR problem that does not require Abrego Garcia being returned to the United States. These proceedings are through the Immigration Court that is part of the Executive Branch, and over which the Article III district courts have been divested of jurisdiction by the Congress. Judge Xinis has no authority to interfere in this process if DOJ chooses to revisit the WOR benefit in this fashion. Abrego Garcia would have a right to appeal the outcome to the Board of Immigration Appeals and then to the Court of Appeals for the Fourth Circuit. Both could be done on his behalf without his presence in the United States."