U.S. Constitution, Amendment V and Amendment XIV
— the Due Process Clauses, protecting "persons."
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— the Due Process Clauses, protecting "persons."
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granting Kilmar Abrego Garcia withholding of removal to El Salvador (protection against removal to that country; not lawful permanent residence).
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— the Supreme Court, without a noted dissent, required the government to "facilitate" his release and to handle his case as if he had not been improperly removed, while directing due regard for the deference owed the Executive Branch in foreign affairs.
— the district litigation, including the government's concession that the March 15, 2025 removal was an "administrative error."
describing CECOT (the Center for Terrorism Confinement) and the unlawful removal.
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— the June 2025 alien-smuggling indictment (arising from a 2022 traffic stop) and not-guilty plea; U.S. District Judge Waverly Crenshaw's May 22, 2026 order dismissing the case for the government's failure to rebut the presumption of vindictive prosecution; the Justice Department's appeal to the Sixth Circuit.
— the framework that assigns different process to different statuses.
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