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原始链接: https://news.ycombinator.com/item?id=43649204

最高法院就诺姆州长(Kristi Noem)国土安全部诉基尔马·阿曼多·阿布雷戈·加西亚(Kilmar Armando Abrego Garcia)案做出裁决,该案涉及将一名男子递解回萨尔瓦多。法院一致裁定,虽然美国政府不必“强制执行”加西亚的遣返,但必须“协助”遣返,如果萨尔瓦多遵守遣返令,可能需要提供后勤支持。 Hacker News上的评论员讨论了此案的影响,指出考虑到政府承认错误地遣返了加西亚,此案的性质不同寻常。一位用户强调了博阿斯伯格法官(Judge Boasberg)正在建立的对司法部律师的蔑视法庭案件。另一位用户指出,此案中的最初政府律师因不愿进行诉讼而被停职。


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Kristi Noem, Department of Homeland Security, vs. Kilmar Armando Abrego Garcia [pdf] (supremecourt.gov)
34 points by thanhhaimai 40 minutes ago | hide | past | favorite | 7 comments










> The district court overstepped by saying you must 'effectuate' his return, but you must 'facilitate' it

So, I guess, if El Salvador decides to comply with the SCOTUS decision, the US has to provide a plane. Or maybe a bus. Seems like due process is purely voluntary at this point.

I just can't imagine being the guy who decides to litigate this as long as possible knowing they renditioned an innocent father.



I don't believe that the text indicated as quoted appears in the order or the Sotomayor statement.

That language is in the right direction of a summary, but the Court did not hold that the district court erred — merely that the district court must clarify that part of its order on remand, in light of the deference the Judiciary owes to the Executive in foreign policy matters.



>I just can't imagine being the guy who decides to litigate this as long as possible

Fortunately, in the other related case Judge Boasberg has been carefully & systematically building a contempt case against the DOJ lawyers. The Supreme Court ruling on procedural grounds yesterday does not make it moot. Remains to be seen whether a contempt verdict could be enforced, but Boasberg is a patriot doing heroic work.



I would presume that the US would have to stop paying to keep him there, which should be a step in the right direction at least.


> I just can't imagine being the guy who decides to litigate this as long as possible knowing they renditioned an innocent father.

The original gov. lawyer was put on leave after not wanting to be that guy.

https://www.nytimes.com/2025/04/05/us/politics/justice-dept-...



I really hope this story doesn't get ganged up on and flagged into oblivion.

A few key things to note in the decision

* The decision is unanimous with no dissents.

* This case is pretty atypical of the other cases involving people deported to Cecot(the El Salvadorian prison) in that the govt straight up admitted that they had deported this person in error

This case is almost certainly not indicative of the supreme court's thinking on the broader issue as the facts involved were very clear, and there are no real broad implications (regardless of what the govt asserted)

The case regarding the applicability of the Alien Enemies Act without the exigent circumstances of a war or genuine existential threat to the nation is the key case to watch.









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