Once again, what you're referring to is the bond ruling, which operates under an extremely low standard of evidence. In these kinds of immigration proceedings, ICE can say, 'We have a source who says this person is in a gang, and we believe that source is reliable,' and that's often taken at face value. That kind of deference to ICE's claims is a well-documented systemic issue. It doesn't mean a neutral court found the evidence credible —it's a reflection of how the system is tilted to accept unverified allegations, especially in bond and removal contexts. And let me reiterate, the bond ruling comes
before any evidence was given any more than a perfunctory glance. You've mischaracterized it as being the court concluding that it was "more probable than not" that Garcia was in a gang, when in fact what you're citing is little more than a first glance evaluating the severity of the accusations against Garcia and what that meant for his evaluation as a flight risk, which is
necessarily predicated on assuming the accusations are true for the sake of risk evaluation.
And mind you, once the actual facts of the case were presented in trial, the same judge not only concluded that the same accusation was unsupported by the evidence, but also that the evidence Garcia provided about his innocence and his circumstances were strong enough that he granted Garcia protection under the Convention Against Torture—because the risk of what would happen to him in El Salvador outweighed the claims of the government, which - contrary to their initial assertion - proved to be unsubstantiated once they were actually presented. And that decision was upheld without contest from ICE or the government. So this narrative that 'two courts confirmed gang membership' completely misrepresents what the rulings actually did.
You say that it's 'funny' that the article left out that "Garcia was at the Home Depot with not just gang members of MS13 but high ranking gang members of MS13". That actually has a very simple explanation: That's because the only part of that statement that is actually true is that the police accosted him at a Home Depot, in which he and others were looking for work. The police
profiled him as a gang member. The claim that he was there with "high ranking members of MS13" is a complete fabrication. Generously, this can be attributed to the recent game of telephone that the story has been subjected to among right-wing outlets that have been - as you have - misconstruing the bond hearing as the court's ruling, taking the accusation against Garcia as a given, and escalating the story in the retelling. "The court denied bond because of the accusation that claimed a confidential source" became "the court found it credible that he was a gang member", which became "the court proved that he was a gang member" which snowballed into the alarmist presumption that the police had disrupted some kind of gang meeting, which then became further warped into the assertion that he was caught with high-ranking members of MS-13. But that bears very little resemblance to what the record actually says.
The record is very explicitly that the police detained him on the presumption (based on profiling him) that he was a gang member and was therefore must have been being uncooperative by not telling them about the gang. (Which, mind you, should raise a
big red flag about the supposed confidential source. Because these circumstances were quite explicitly 'we will arrest you if you don't give us something we'd believe is actionable information on the gang, and we won't believe you if you don't'. And that provides an exceptionally strong reason for the people they accosted to just say whatever their interrogator wants to hear. More on this later). They turned him over to ICE, telling them that he was absolutely a gang member.
When ICE presented this to the court for the bond hearing, the repeated the claim that Garcia was gang member because he was wearing a Bulls Hoodie and claiming that they had a credible confidential source (their characterization, if I'm not mistaken) that said Garcia was a member of MS-13. The judge accepted the accusation for the sake of bond determination, but when the evidence was actually submitted in the trial, it turned out that that was the sum total of ICE's evidence, and the claim of the 'credible confidential source' was vague, uncorroborated, and frankly unrealistic (again, the claim was that Garcia was a part of a gang over 200 miles away). Remember what I said about bullshitting an answer you think the interrogator wanted to hear? This kind of result is a pretty telltale sign of that.
So no, by no stretch of the imagination does the evidence make it "more probable than not that Garcia is a gang member". The evidence presented for the claim was vague, tenuous, and uncorroborated by the facts. It is being wholly propped up by the self-serving initial puffery by ICE that the information was credible, when in actuality it promptly collapsed as soon as it was actually subjected to the court's scrutiny rather than treated as a given.
...Dude. I
literally just went through this with you. To repeat:
"The Respondent provided credible responses to the questions asked. His testimony was internally consistent, externally consistent with his asylum application order and other documents, and appeared free of embellishment. Further, he provided substantial documentation buttressing his claims. Included in his evidence were several affidavits from family members that described the family's pupusa business, and threats by Barrio 18 to various family members - in particular the Respondent - over the years. The court finds the Respondent credible."
It further goes on to say that "the facts here show that the Barrio 18 gang continues to threaten and harass the Abrego Family over these several years, and does so even though the family has moved three times".
And let me reemphasize something. When it comes to the accusation of gang membership, Kilmar is innocent until proven guilty, and the accusations against him didn't even come close to meeting the preponderance of evidence, much less overcoming reasonable doubt.
Moreover, for Kilmar's application of asylum,
he bore the burden of proof. And the court found that
he met it. It's not a simple matter of him just spinning together a story, as you dishonestly suggest, and the courts simply nodding their heads in agreement. Hell, immigration courts are famously hostile to asylum seekers and highly deferential to immigration officials, so your insinuation is a special kind of absurd.
This is not something he could simply bluff. He had to show the court that his story was well-evidenced, and the record shows that it was.
You say that there's no evidence of his claim, but in fact the court found his claim to be
very well evidenced.
Ok, setting aside your hypocrisy in saying that you "aren't entertaining our analysis of the law" when we are citing and quoting the damn cases to you while you're almost exclusively repeating yourself as you insist upon your own - demonstrably and consistently deficient - analysis of the law...what even are you on about by saying that there isn't a single story saying it? That's not even remotely defensible. Setting aside that you've been repeatedly provided with such stories in this very thread, those have been headlines for
weeks now!
Class Action lawsuit by the National Immigration Litigation Alliance (NILA), Northwest Immigrant Rights Project (NWIRP), and Human Rights First:
Boston, MA – Yesterday, four individuals with final removal orders filed a national class action in federal district court in Boston, Massachusetts. The lawsuit challenges the Department of Homeland Security’s (DHS) policy of deporting noncitizens to countries the government never raised as...
humanrightsfirst.org
From the National Immigration Center:
From Amnesty International:
The expulsion of 238 Venezuelans from the USA to El Salvador represents a step toward authoritarian practices in both the Trump administration and Bukele's security policies.
www.amnesty.org
From Amnesty International (Canada):
Under a presidential order by President Trump, 255 individuals have been wrongfully sent from the U.S. to El Salvador. This was done after targeting
amnesty.ca
From the ACLU:
The Alien Enemies Act of 1798 was used to justify World War II-era internment of noncitizens. Now Trump is attempting to abuse that authority to deport immigrants without due process
www.aclu.org
The courts calling out the false pretense of the Administration's use of the Alien Enemies Act of 1798:
Trump had invoked the Alien Enemies Act of 1798 to deport five Venezuelans, but order halted by judge
www.theguardian.com
This is not an exhaustive list. That's just what I found at the top of the feed after a quick search for "unlawful deportation". So again, "Not a single story"? I can only presume that you didn't bother to look for them and declared that your resulting willful ignorance of the subject meant that those stories must not exist.
So once again, if you can't be bothered to do even
that level of token research, why do you insist on pretending that you're well informed? You very obviously aren't making an informed argument.
At this point, you've misrepresented the legal standards, the findings of the court, and the evidentiary thresholds involved at nearly every step. You confused the bond ruling with the final decision, then insinuated that the former had a high bar while the latter had almost none—when in fact it's the reverse. Withholding of Removal is rarely granted for a reason: it requires
strong evidence, which the court found that Garcia provided. Your interpretation has been so consistently incorrect that, in any structured setting, it would fail to meet even a
basic standard of understanding.
The only reason you don't see that is because you've mistaken yourself for a neutral third party rendering fair judgment on both sides. But you're not. You're an active participant who is emotionally invested in your own argument, and that investment has blinded you to the extent of your own misunderstandings. You're not weighing evidence—you're just rooting for yourself.