As we said late last week, Mr. Abrego Garcia is now free of all criminal charges — but his own personal federal habeas suit against DHS, ICE and the Tangerine 2.0 crisis actors is still in high gear, in the able USDC Judge Xinis’ courtroom, out east.
To wit, later this week, she is likely to grant Abrego’s counsel the right to get documents, and depose various government agents, about the details of why it would not allow a settlement — in which Mr. Abrego Garcia could peacefully, and willingly, relocate to Costa Rica — which nation had offered him a job, and a place to stay — for his young family, and himself… at least until Tangerine departs office.
The immigration rules have long allowed detainees to voluntarily depart the US to a jursdiction of their choosing, so long as the new country is willing to accept them — and be responsible for their safety, primarily. Trump has intentionally, and repeatedly, denied detainees this right, long conferred. And now, Abrego’s counsel will likely be able to prove that Sudan and Liberia (the government’s supposed “only” places available to send him off to)… were ginned up primarily to punish him, for catching these feckless agents of chaos in multiple lies, under oath in federal court [Blanche, Noem, Miller and Lyons all plainly included, here].
So, do look for this motion to be granted in his habeas prceeding, and rather shortly. Here’s just a bit of the seven pages of well-taken argument:
…Good cause exists to grant Abrego Garcia’s request to serve the targeted discovery in connection with the merits of the unresolved counts of the habeas Petition. As this Court has already recognized, the requested discovery is “plainly relevant to Abrego Garcia’s constitutional challenges to Respondents’ demand for removal to Liberia over Costa Rica….”
In addition to the indisputable relevance the requested discovery has to the question of why the Government is seeking to vindictively remove Mr. Garcia to Liberia — as opposed to Costa Rica — in retaliation for exercising his constitutional rights, the Government’s submissions raise new factual issues that warrant discovery, including factual assertions that contradict prior sworn testimony and representations by the Government to this Court.
The Lyons Memorandum makes factual assertions in the course of questioning the removability of Abrego Garcia to Costa Rica. Yet Mr. Schultz previously testified — as the Government’s sworn designee — that he knew of “no impediment to remove Abrego Garcia to Costa Rica, including no statement from Respondents that effectuating such removal would run contrary to ‘U.S. interests’” and that he had “been told nothing about why Respondents had not yet processed Abrego Garcia’s removal to Costa Rica.” ECF No. 110 at 10–11 (citing ECF No. 52 at 105–06). The factual inconsistencies between the Government’s prior representations to this Court and the Lyons Memorandum supply good cause to take discovery on this issue.
Were that not enough, the Government recently formalized plans to remove to Costa Rica other individuals who are citizens of third countries, which further calls into question the assertions in the Lyons Memorandum. Discovery into the factual basis for the memorandum is, thus, directly relevant to Count Three of the Petition, which is Abrego Garcia’s due process claim that the Government’s insistence on Liberia is retaliatory and vindictive in purpose and effect rather than a legitimate exercise of removal authority….
Now you know — probably taking the little ladies to see the Michael movie, come this Thursday — as an end of school year treat. But they have already requested reserved seating, at the “leftover ribs banquet“, again tonight after elementary school lets out. Grin — then park fun — since it is likely to touch a sunny 80 degrees again, by then.
Onward — to the Rockies again in seven days, then Eugene, for more Olympic tri- racing. Smile….
नमस्ते
