Abrao Garcia Hearing: Potential Release and Government Missteps

Closing of Evidentiary Record

• 🔑 The evidentiary record in Abrao Garcia's removal case is now closed, marking the end of the fourth evidentiary hearing.
• 🎯 Judge Zenis has been seeking an official with knowledge of the government's removal plans, a request that has been repeatedly unmet.

Shifting Removal Destinations

• 🌍 The government has proposed four different African nations for Garcia's removal: Uganda, Eswatini, Ghana, and currently Liberia.
• ⚠️ Liberia is the only country that has agreed to accept Garcia, but none of the proposed nations have any ties to him, such as language or family.
• 🗣️ Garcia has requested to be sent to Costa Rica, a country where he speaks the language and is not at risk of torture, a possibility previously offered by the government.

Judge Zenis's Skepticism and Government's Lack of Evidence

• ❓ Judge Zenis questioned why Costa Rica is no longer an option, expressing skepticism at the government's claims that the door is closed.
• 📊 The judge noted a lack of evidence in the record to support the government's positions, despite repeated opportunities to provide it.
• ⚖️ The government's argument that Garcia agreeing to go to Costa Rica is equivalent to an order of removal was immediately dismissed by the judge.

Issues with Removal Orders and Declarations

• 🚫 A key point of contention was whether a formal order of removal had actually been issued by the immigration court.
• ✍️ A government witness, John Edward Cantu, admitted under oath that a crucial paragraph in his declaration was ghostwritten by a State Department lawyer and that he did not understand its meaning.
• 📉 Judge Zenis stated that Mr. Cantu "knows nothing," and there is a pending motion for sanctions against the government for their repeated inability to provide a competent and knowledgeable official.

Potential for Release and Future Proceedings

• 🚀 Lawyers are arguing for Garcia's release, citing the government's failures and the lack of a clear removal order.
• ⏳ Judge Zenis has not indicated when she will rule, suggesting a potentially lengthy decision process given the complexity and the upcoming criminal trial in January.
• 🧐 The judge is meticulously creating a record to ensure any ruling is well-supported for potential appeals, emphasizing her efforts to give the government every opportunity to explain its actions.