Adam Klasfeld
@klasfeldreports.com
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Editor in chief of @allrisenews.com. Fearless journalism about the law, your rights, and your powers to effect change during the Trump era. www.allrisenews.com/
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klasfeldreports.com
No immediate ruling.

Judge Xinis made clear she doesn’t buy that feds made the effort to deport Abrego that’s necessary to keep holding him under the Zadvydas precedent.

Especially if they don’t take up the Costa Rica option soon.

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klasfeldreports.com
There goes another Trump admin talking point.

Claim: Abrego told an immigration judge that he fears persecution in Costa Rica.

Judge Xinis reads the immigration judge's ruling, which doesn't say that.

"That's very troubling to me," Xinis tells Ensign.
klasfeldreports.com
On Sept. 5, feds sent Abrego an email notifying him of their intent to send him to Eswatini.

Two weeks later, Eswatini rejected it, saying the U.S. never approached them.

DOJ has no info what happened after.

Xinis: Wasn't that in my order to come to court prepared to tell me about that?
klasfeldreports.com
Judge Xinis says the clock is ticking for the government to agree to that.

"While I'm writing, if I don't get a yes, I'm going to take this as a no," she says.

That no would show the Trump admin has been trying to punish Abrego, rather than deport him.
klasfeldreports.com
Judge Xinis asks whether the government might allow Abrego safe passage to Costa Rica since he consents to that removal.

A: Your honor, I am not the decision-maker. I don't have insight.
klasfeldreports.com
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klasfeldreports.com
Judge Xinis shows her frustration at the Trump DOJ.

"See, Mr. Ensign, this is the problem that I have."

She notes that her order demanded a witness who could deliver answers on Costa Rica.

"You come today with a witness that knows nothing about Costa Rica."
klasfeldreports.com
Rossman says that there's been "a lot of run-around, a process that appears to be made up as the government goes along."
klasfeldreports.com
Judge Xinis notes that the govt's witness wasn't prepared for the testimony she ordered:

"I had very specific directions for what that witness should be prepared to testify about."

She adds that it's getting close to "three strikes, you're out."
klasfeldreports.com
Rossman notes there's been "no effort made whatsoever to actually effectuate the removal to Costa Rica" and there's been a "continued game of Whak-a-Mole to keep Mr. Abrego detained in ICE detention."
klasfeldreports.com
There has not been a final order of removal produced in the record of this case, Rossman says.
klasfeldreports.com
Rossman:

"Effectively, they are holding hostage passage to Costa Rica ... in order to induce him to plead guilty."

"What that reveals is that they aren't intending to remove him in a lawful way."
klasfeldreports.com
Judge Xinis asks Rossman whether Abrego currently consents to his removal to Costa Rica.

Rossman replies in the affirmative, but says the government won't take that option.
klasfeldreports.com
Rossman notes that the government had a clear path to deport Abrego to Costa Rica, but they didn't.

They're no "0 for 3" — "three strikes you're out" — in trying to remove him to other third counties, Rossman says.

Uganda, Eswatini, Ghana.
klasfeldreports.com
Rossman:

"The government has not, and is not currently, detaining Mr. Abrego, for the purposes of effectuating his ... removal."

They're trying to punish him for exercising his rights.
klasfeldreports.com
There's no evidence in the record of this case that the government has taken any action to remove Abrego to a third country, Rossman adds.
klasfeldreports.com
Attorney Andrew Rossman begins oral arguments that Abrego obtained his order of withholding of removal six years ago **today**.
klasfeldreports.com
Kilmar Abrego Garcia's attorneys formally notify the judge about the remarks of Ghana's foreign minister, rejecting any notion of sending Abrego there.
klasfeldreports.com
Schultz says that he's not aware of DHS performing any analysis about whether Abrego would be tortured, persecuted, detained or refouled to El Salvador if deported to the Eswatini.
Reposted by Adam Klasfeld
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BREAKING: Masked Border Patrol agents aggressively arrested WGN video producer Debbie Brockman in Lincoln Square Friday morning, supposedly for "obstructing justice." (Video via Josh Thomas on Facebook)

Follow @heartlandsignal for more.
Reposted by Adam Klasfeld
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Trump in 2017: “Qatar has been a funder of terrorism at a very high level.”

Trump administration in 2025: We are building a Qatari Air Force facility in the United States.
klasfeldreports.com
Schultz then cleaned up his testimony to say he learned it last morning.
klasfeldreports.com
Q: How did it change from Uganda to Eswatini?...
A: My understanding is that Uganda said no.

Schultz said he learned from the State Department: "I got it this morning."
klasfeldreports.com
On Aug. 23, Abrego indicated by formal notice that he had a fear about being sent to Uganda because of torture, persecution or refoulment.

Schultz said he does not know what was done in response.
klasfeldreports.com
* Montesino, who is in ICE's legal department