- United States
- N.M.
- Letter
Urgent Request for Kilmar Abrego Garcia’s Return to Maryland
To: Rep. Stansbury, Sen. Heinrich, Sen. Luján
From: A verified voter in Albuquerque, NM
April 16
I am writing to urgently request your intervention to secure the return of Kilmar Abrego Garcia, a Maryland resident currently detained in the CECOT concentration camp in El Salvador, in direct violation of a 2019 U.S. court order (8:25-cv-00951, Exhibit A - Attachment #1 https://www.courtlistener.com/docket/69777799/abrego-garcia-v-noem/#entry-1) that explicitly prohibited his deportation to El Salvador. This egregious violation of due process and the 14th Amendment demands immediate attention and action. Key Legal Precedents Supporting Kilmar’s Return RAMIREZ v. SESSIONS (887 F.3d 693) - Section IV, pages 17-19 - Ramirez petitioned to be returned to the U.S. from El Salvador: https://www.courtlistener.com/opinion/4487479/jose-ramirez-v-jefferson-sessions-iii/pdf/ “Under Immigration and Customs Enforcement (ICE) regulations, “[a]bsent extraordinary circumstances, if an alien who prevails before the U.S. Supreme Court or a U.S. court of appeals was removed while his or her [petition for review] was pending, ICE will facilitate the alien’s return to the United States if either the court’s decision restores the alien to lawful permanent resident (LPR) status, or the alien’s presence is necessary for continued administrative removal proceedings.”” “See Orabi v. Att’y Gen. of U.S., 738 F.3d 535, 543 (3d Cir. 2014) (vacating the BIA’s order and directing the Government “to return [petitioner] to the United States”); Samirah v. Holder, 627 F.3d 652, 665 (7th Cir. 2010) (“We remand . . . for the issuance of a mandamus commanding the Attorney General to take whatever steps are necessary to enable the plaintiff to reenter the United States for the limited purpose of reacquiring the status . . . that he enjoyed when he left the United States.”)” ICE Directive 11061.1: https://www.ice.gov/doclib/foia/dro_policy_memos/11061.1_current_policy_facilitating_return.pdf The Violations at Hand Breach of Court Order: ICE/DHS ignored Kilmar’s 2019 withholding of removal. Due Process: Indefinite detention in CECOT constitutes unlawful deprivation of liberty. (a rights-abusing facility, https://www.wola.org/analysis/mass-incarceration-and-democratic-deterioration-three-years-of-the-state-of-exception-in-el-salvador/). Systemic Abuse: Sets a dangerous precedent for extrajudicial removals undocumented and documented residents alike. Requested Actions - DHS/ICE Compliance: Demand DHS/ICE comply with ICE Directive 11061.1. - Legislative Oversight: Introduce and support legislative safeguards against extrajudicial removals during appeals. - Public Condemnation: Publicly condemn this constitutional violation and ensure the entire world hears about it. This injustice must not be confined to the U.S. alone. Kilmar’s case is not isolated, and reflects a broader erosion of judicial authority and due process. We must act swiftly to uphold the Constitution and return Kilmar to his family in Maryland. Thank you for your urgent attention to this injustice.
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