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| Comments next from the legal counsel for Kilmar Obrego Garcia, a Maryland man improperly deported to El Salvador. | ||
| They spoke to reporters after a hearing where evidence in the case was presented. | ||
| I don't want to move this too much, but I think, yeah, I'll just use my outside voice. | ||
| Okay, good afternoon, everyone. | ||
| You know, we know that it has been a very long afternoon, right? | ||
| We've been here for almost five hours, so we're going to keep it short. | ||
| I'm sure you all heard. | ||
| We have to be back again tomorrow morning. | ||
| So again, keeping it short and sweet. | ||
| I'm a Frim Pong. | ||
| I'm the legal director at CASA. | ||
| And once again, really want to thank everyone who showed up today and who will be showing up tomorrow morning. | ||
| I want to, I'm not speaking for myself today. | ||
| I wanted to share a short note that Jennifer Kilmer's wife sent to me to share with you all. | ||
| This is what she says. | ||
| I want to start by saying thank you to everyone for the immense support here today and also for everyone who has supported us from day one in this fight. | ||
| Our family is extremely grateful for all that you do for us. | ||
| This support is amazing and we will forever be thankful to each and everyone supporting us as we continue with our faith high until Kilmer returns home to his children. | ||
| Love, Jennifer. | ||
| And with that, I want to turn it over to one of our amazing attorneys who has been fighting this incredible battle in the courtroom over the last few months. | ||
| Simon Sandoval Moschenberg. | ||
| I'm sure you all know him. | ||
| Simon is going to give us a brief summary of what happened today and let us know what to expect tomorrow morning and beyond. | ||
| He will offer comments in Spanish and English, and he will take a couple of questions. | ||
| Again, it's really late, so just a couple of questions. | ||
| But Simon, please come on up. | ||
| Thank you. | ||
| Hi, thanks. | ||
| Thank you. | ||
| I'm Simon Sanoval Moschenberg. | ||
| I'm a partner at the law firm Murray Osorio in Fairfax, Virginia. | ||
| Today, one of my co-counsels, Sasha Rand, who's a partner at the law firm Quinn Emmanuel in New York City, took the testimony of Thomas Giles, who's the third in command at ICE right now. | ||
| Mr. Giles stated that no decisions have been made from ICE as to what they're going to do with Kilmar Obrego Garcia and that they won't make those decisions unless and until Mr. Obrego Garcia is released from criminal custody into ICE custody. | ||
| He stated that this case is being treated just like any other case of the several millions of cases that ICE runs at any given time. | ||
| I personally didn't find that very credible, but that was his testimony under oath. | ||
| They haven't decided where they're going to detain Mr. Obrego Garcia. | ||
| They haven't decided where they're going to send Mr. Obrego Garcia. | ||
| They know they're going to send him somewhere, but they haven't decided where to send him. | ||
| Two of the countries that were mentioned were Mexico and South Sudan as possibilities for where Mr. Obrego might be sent. | ||
| But at this point, according to the testimony, he stated that no decisions have been made and that they're not even going to start working on taking those decisions until he's in ICE custody. | ||
| Mr. Giles clarified that when ICE deports someone to a third country now, they can give them as little as a few hours worth of notice as to which country they're sending someone to. | ||
| And again, this is not just for Mr. Obrego Garcia. | ||
| This is for the thousands upon thousands of people from Maryland and from every state across the country who won their cases for withholding of removal many, many years ago, just like Mr. Obrego Garcia, and are now being arrested by surprise, supposedly for third country removal. | ||
| The government's contention is that as long as they tell the person what country they're being sent to, you know, on a same-day basis of putting them on a plane, and then the person must immediately request a credible fear interview at the moment in time that they're served with that paper, that that's the only process that's due. | ||
| Tomorrow morning, Judge Zinnis brought us back to her courtroom at 9 a.m. | ||
| She's going to hear argument as to whether that process is sufficient. | ||
| We're going to argue that it isn't. | ||
| We're going to argue that Mr. Obrego Garcia has the right to meaningful notice and meaningful opportunity to be heard by an immigration judge prior to being put on any plane. | ||
| Just like he received in 2019, he received notice and an opportunity to be heard to be granted withholding of removal as to El Salvador. | ||
| He's entitled to that as to any other country that they would like to send him to. | ||
| That's what we're going to be arguing for, and I expect the judge made very clear that she will issue a ruling before Wednesday, which is the next scheduled hearing in the criminal matter in Tennessee. | ||
| That's why she's bringing us back tomorrow morning so that she can get that ruling out in time prior to Wednesday when there's a very good possibility that the district judge in Tennessee may well order him released from criminal custody, at which point he would be taken into ICE custody. | ||
| So the concern is that ICE has a plane gassed up and waiting on the tarmac and that's why we're here in court to make sure that they are not able to do what they did last time. | ||
| Last time they put Kilmar Obrego Garcia on a plane, he didn't know where that plane was going to until it landed at the airport in El Salvador. | ||
| That's more or less what they want to do again and that's what we're here to stop and we have every confidence that the judge will rule prior to Wednesday. | ||
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La utimá es que Quilmar Obrego Garcia estú una en una vión no supo adóndevas este avión hasta que el avión se arteriso en el Salvador. | |
| Eso lo que el gobierno quiere volbera ser y esos lo que estamos aquí para no permitir que agan. | ||
| El testigo que se elto funcionario de ACE testifico vajojuramento que la politica dellos en cuanto esas deportaciónes altercer país es dar la persona notificación y puedecer hasta el mismodía que de por tena uno. | ||
| Nothing that processes. | ||
| The ultimate queue in the 2008 cuando quilmartubo la audiencia de suspension deportación el Salvador, el túvo una audiencia completa anti unjuesta immigración, y sios quier en mandado a other countries el debería tener dero a other audiencia frente a unjueste immigración. | ||
| Estamos pidiendo la juza que ordene que no lo deporten sin que esto pueda sucer que puede aver una audiencia anti un jueste immigración referente cual quier countries. | ||
| Nombaro dos countíces como possibilidades, nombraron a México y el sur de Sudan, pero dijeron que esta deción y si quera si a tomado, que eso solos son countices que stan en la mesa, como possible dijeron que nos having de lovana detener, where vana mandar personalmente no lo en contre cribble, pero eso fue eso testimonio vajo buramento. | ||
| Y mañana vol vermos a la nueve de la mañana y la juza escuchara argumento legal y decidira. | ||
| Si no mañana definitivamente antes termir que este la other semana. | ||
| Is the judge still looking at this 48-hour clause or hold that she was on? | ||
| The judge suggested that we could avoid having a hearing tomorrow if the government would agree to a 48-hour hold on Mr. Obrego Garcia, essentially 48 hours after he hits ICE custody to not deport him. | ||
| The government would not agree to that. | ||
| I think it's very telling that they wouldn't even agree to just two days' breathing room. | ||
| It shows that their intention is to move him out of the country as quickly as possible. | ||
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At one point, Gauss says that ICE will take into consideration that Kilmar has no criminal proceedings in Tennessee. | |
| Did you get a firm draft of what that means? | ||
| No, I think he was. | ||
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Do you keep him in the continental United States? | |
| No, I think I think they've been very clear that their intention is to deport him, notwithstanding the fact that he has a trial date in Tennessee, or that he soon will have a trial date in Tennessee. | ||
| I think they were very clear about that, and they've been clear about that all along. | ||
| The question is: is he going to have the right to review before an immigration judge? | ||
| I mean, they can deport someone with pending criminal charges, right? | ||
| That's clear. | ||
| They have the power to do that. | ||
| And the reason that we're asking to slow this train down is actually not because of the pending criminal charges, it's because he hasn't had the opportunity to be heard in front of an immigration judge about any particular country that they might name. | ||
| Right? | ||
| I mean, they said two possible countries today, but there's 190 countries on this earth. | ||
| They haven't ruled any of them out except for one, El Salvador. | ||
| They need to give him and his lawyers written notice of which country it is and then not deport him unless and until an immigration judge is giving that the thumbs up. | ||
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Alexander Lamar Abrego, who is a leader of the ANS, said that... | |
| Yes, really, since the first time of this case, the government has decided to turn this case into a maximum nature. | ||
| Until the President, the Casa Blanca, the General General of the Republic, the Secretary of Security... ... ... ... ... | ||
| Or a ton of recourse that inverted in this case because the decision that tomorrow y es lo que an estado haciendo. | ||
| Entonces por eso estampococo creatible cuando hoy el official Giles ensu testimonio en está corte dijo. | ||
| Oh no, noemos decided nada, nemos decidido dondo lo vamos a detener, nemos decidido a dondo de lobamos a mandar. | ||
| Or how this can be done, si tomalo tantos recoursos ha sa la fecha en este caso que debi, siempre dest el principio de vía aversido un caso unuicencio. | ||
| Cometier uneror, tenían que reglar el eror ya nestaríamos aquí. | ||
| Sanyon, just to be clear, the judge said she's inclined to issue a temporary restraining order, and that was before they said, No, no, no, let's go back to Marmolane. | ||
| Could she still do that? | ||
| Could she still try to insist that they give the 48 hours breathing room if and you know when he's released from criminal custody? | ||
| I mean, it's it's you know, it's well after five o'clock. | ||
| The judge, the government would not agree to a 48-hour pause on the deportation of Kilmar Obrego Garcia, right? | ||
| And so, since they wouldn't agree to it, she's got to let both sides, you know, say their say everything they have to say. | ||
| And that's what we're going to have a hearing tomorrow morning regarding essentially what are going to be the next steps in the case. | ||
| What is going to be the order that the judge enters? | ||
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What do you think or hope that her order will actually say? | |
| We hope that she'll issue an order prohibiting the government from removing Mr. Obrego Garcia to any country unless two things have happened: one, he's had written notice of what that country is, and then two, he's had adequate time to apply for and get a hearing on an application for protection under withholding of removal as to whatever that country may be. | ||
| Thank you. | ||
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unidentified
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Thank you so much, everyone. | |
| Have a wonderful evening, and we will see some of you tomorrow morning. | ||
| Anybody driving near Bethesda? | ||
| Is anyone driving near Bethesda? | ||
| Is the question? | ||
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