DHS Unleashes on Judge Who Released Illegal Aliens Convicted of Murder, Child Sex Crimes
One of the men was given his final order of removal in 1995!
The Department of Homeland Security (DHS) hammered Judge John deGravelles in the Middle District Court of Louisiana for releasing four illegal aliens from ICE custody.
The crimes? Murder and pedophilia.
“Judge John deGravelles, appointed by Barack Obama, released FOUR violent criminals back onto American communities, and unfortunately, the ramifications will only be the continued rape, murder, assault, and robbery of more American victims,” said Assistant Secretary Tricia McLaughlin. “Releasing these monsters is inexcusably reckless. President Trump and Secretary Noem are now enforcing the law and arresting illegal aliens who have no right to be in our country. We are applying the law as written. If an immigration judge finds an illegal alien has no right to be in this country, we are going to remove them. Period.”
Yes, deGravelles released these four men from ICE’s “Louisiana Lockup” at Angola Prison.
“Noncitizens, even those who have been ordered removed from the country, are protected by the constitution,” deGravelles wrote. “The Government may not execute removal proceedings in violation of due process. … Nor may it execute removals in violation of its own regulations.”
The judge released the convicts under the writ of habeas corpus.
- Ibrahim Ali Mohammed, a criminal illegal alien from Ethiopia, convicted for sexual exploitation of a minor. An immigration judge issued him a final order of removal on September 5, 2024. He was RELEASED into our country by the Biden administration.
- Luis Gaston-Sanchez, a criminal illegal alien from Cuba, with convictions for homicide, assault, resisting an officer, concealing stolen property, and two counts of robbery. An immigration judge issued him a final order of removal on September 24, 2001.
- Ricardo Blanco Chomat, a criminal illegal alien from Cuba, convicted of homicide, kidnapping, aggravated assault with a firearm, burglary, robbery, larceny, and selling cocaine. An immigration judge issued him a final order of removal on March 27, 2002.
- Francisco Rodriguez-Romero, a criminal illegal alien from Cuba, convicted for homicide and a weapons offense. An immigration judge issued him a final order of removal on May 30, 1995.
1995! Rodriguez-Romero should have been out of the country 31 years ago!
The National Immigration Project and Rights Behind Bars claimed, get this, “that ICE violated their due process rights when the agency revoked their supervision orders, and ICE violated its own policies by arresting them without providing a reason or giving them an opportunity to argue against their detention.”
Um… they were all given final orders of removal by immigration judges. 1995, 2001, and 2002 for three of them.
[Featured image via Department of Homeland Security]
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Comments
You really can’t make this stuff up. I can no longer understand the world I inhabit.
Look at the rise of Marxism in this country, which began at least in the 1930’s and accelerated massively in the ‘60’s and ‘70’s. After the USSR fell, and its governmental files were released, we learned the KGB was astonished at how successful their propaganda efforts were in the US. They focused largely on academia and journalists. Of course, we have also experienced the Marxist-trained politicians such as Barack Obama.
Time to ignore these robed bozos. They are completely out of control and are ignoring Supreme Court rulings with this grandstanding bullsh*t.
Which supreme court ruling is this judge ignoring?
Google can enlighten you
Oh yeah? Does that mean you’re not actually aware of any such rulings? Why should I believe you that they exist, if you can’t name any?
Here is the 5th Circuit ruling that this Judge should be bound by: https://www.ca5.uscourts.gov/opinions/pub/25/25-20496-CV0.pdf
That case is completely irrelevant. This case seems to be squarely controlled by Zadvydas. If you think otherwise, please explain why.
Jennings v. Rodriguez
https://supreme.justia.com/cases/federal/us/583/15-1204/
Jennings v Rodriguez is not relevant here. On the contrary, the relevant case here is Zadvydas v. Davis.
Jennings v Rodriguez applies only while immigration proceedings are ongoing. In these men’s cases the immigration proceedings ended long ago, final deportation orders were issued, but the government has no plans to deport them. Zadvydas v. Davis says that the government can’t hold people forever. It’s generally got six months after a final deportation order to deport or release.
In this case, ICE had already determined that all four presented no danger to their communities, and had released them under orders of supervision, with which they were fully complying. ICE still has no plans for deporting them, so under what authority is it detaining them, and how long does it propose to do so?
Quoting from Jennings (your own case):
While your view is understandable remember what goes around comes around when Dems get back in power. Trump has proven the way to do it by following the law on all of these absurd rulings. In time, he is winning most of them on appeal.
What right or process were they denied, exactly? They received their removal orders. Then they fled.
If I committed murder, was tried and sentenced, then managed to escape, and evade the police for 20 years, wouldn’t I, if finally captured, be expected to start immediately serving time? My trial was held, and my sentence handed down. Evading justice doesn’t change that. As long as I am not pardoned or given clemency, that is the end of that. I would have to start serving my time immediately.
No, they did not flee. Where did you get that idea? They were on supervised release orders, after the government had determined that they did not pose a threat to the community, and they were faithfully complying with these orders. And under Zadvydas they’re presumptively entitled to release. The government can’t hold someone forever, just because it’s got a deportation order against them. It has six months to deport them or release them. Each of these four men’s six months expired many years ago.
Track them and GET IT DONE!!!
Do we not have and spy’s recruited in these idiots jails/ courthouses?
Time to ignore these traitors
Gee… can I call this judge a freaking moron? Asking for me!
Answering for me: YES, and a fine example of the Soros funded leftism that is destroying our legal system.
Why don’t LEGAL judgements count for this judge, nor subsequent crimes?
What legal judgments? Tell me why you think these men’s cases differ from Zadvydas, and why that ruling doesn’t compel the judge to find exactly as he did?
Didn’t El Salvador finally clean up the country by Arresting and putting in jail, the major criminals? And if I recall ,The president impeached all the judges who had let those guys go.
These judges are not judges, Are they actually accessories to crimes?
Well, we know names now. If they commit a heinous crime, then we should give the honorable judge some of his own medicine.
the judge proclaimed to this friends as they patted him on the back:
they arent coming to our neighborhood
this is gonna continue until it becomes too painful to continue.
either they are impeached and removed. or the judges start dancing from lampposts …
people are only gonna put up with this for just so long …. and I bet it only has to happen once or twice
for the lesson to be driven home.
I am sorry to say that I am coming around to your way of thinking.
It might be the only way to avoid a leftist idiocracy.
Paging Charles Bronson, your services are required…
TBH I’m getting much closer than I want to be to aggressively advocating for Pinochet style resolution.
Or at least deputized bounty hunters.
Confirmed in 2014 by the senate with a 100-0 vote including some very high profile repubs who are still in office
You misspelled “rubberstamped.”
Due process is really doing some heavy lifting here. Not every decision by the govt requires a Federal Judge’s approval. Especially not a decision to deport illegal aliens with final removal orders who have already HAD the ‘process they are due’. Congress has Art I power to create a uniform system of naturalization (immigration by inference). The entire process is IMO external to Art III review. The only relevant questions are:
1. Identity of the illegal alien (or lawful alien admitted temporarily for that matter)
2. Opportunity in the Immigration CT for the alien to meet his presumptive burden to demonstrate he entered and is present in the USA lawfully.
3. Was a final order of removal issued?
That’s it. Once those three questions are answered out them on the first plane back home and/or elsewhere if back home is not to their liking but they don’t get an option of alternative destination. Once they get to wherever-else-istan they can make their own travel arrangements to different location.
Finally deportation/removal is not impacting ‘life, liberty or property’ which are the three things due process is required for. They ain’t being incarcerated, they ain’t being executed and they ain’t getting their property taken by the Federal govt by removing/deporting them. There ain’t a property right interest or liberty interest created by the act of illegally entering or remaining unlawfully in the USA.
This is not true. Everyone in the USA is protected by the constitution, and everyone is entitled to habeas corpus, and to have a judge — a real judge — review the legality of the government’s actions. And as the 3rd and 5th circuit recently said, people only get that chance after the administrative process is over, and there’s a final order of deportation.
That administrative process is there due process. Which is more than we owe them since they’re not even supposed to be here in the first place.
An administrative process is not due process.
In any case, please explain why you think this case differs from Zadvydas? On what grounds can the government hold them for longer than six months from the date their deportation orders were issued?
Everyone isn’t ‘protected’ by the Constitution. See multiple State and municipal firearms restrictions which impact Citizens and non Citizens alike. Go walk down the street strapped up with your favorite handgun and rifle open carry in a deep blue anti gun metro and see just how little protection the 2A affords you.
When the folks supporting open ended claims for due process in areas which are untethered to the expressly stated limiting principle of ‘life, liberty or property’ successfully wipe all the anti 2A laws off the books then y’all would be taken seriously.
The Congress granted the Executive the discretion to detain or not detain aliens before their deportation/removal. These 4 guys all have final removal orders. If a prior admin didn’t use its discretion to locate,.detain and remove them that has zero bearing on due process claims. Nor does the use of discretion in one way by a prior admin preclude subsequent administration from exercise its discretion in a different way.
Heck give them an opportunity to answer those three questions in my post above at a hearing with an ART III CT if you want…. but that takes all of ten minutes and they can do so after they arrive from their detention facility.
Or more succinctly, when do actual citizens get their due process protections from aliens that invaded our country and are now squatting and committing crimes?
Don’t we count? (not asking a lefty)
correct
Yes, everyone is protected by the constitution. That some governments ignore the constitution is precisely the problem; in this case it appears that it’s the federal government that has been ignoring the constitution.
No, it did not.
That is precisely the point. They are no longer in the immigration process. The process is over, and the government had six months in which to deport them or let them go. It couldn’t deport them, and still can’t, so under Zadvydas it had to let them go. Having determined that they posed no threat to the community, it gave them supervised release orders, with which they have been faithfully complying. The government admitted that it still has no plans to deport them, but it wants to detain them for the rest of their lives. It can’t do that.
Your definition of ‘protection’ seems to have holes. If you were drawing water from a well with bucket similarly full of holes you’d die of dehydration.
The statute makes zero reference to ‘six month expiration date’. It is a Judicial creation. Any ‘six month clock’ should begin upon placement into a Federal Detention center as the outer limit for the Govt to remove the alien where the alien isn’t opposing the removal. The limit can’t be for a multiyear court case proceeding, that’s Crazy as a practical matter and is an example of the Judiciary usurping both Congressional and Executive power. If an alien with a final deportation order wants to conduct a multiyear court battle he can do so from his detention center or from outside the USA. Filing a petition to oppose the removal can’t reasonably be turned into a Judicially created permission/special visa category as a golden ticket.
This sort of nonsense is how the Judiciary loses the respect of the People and when a majority of ‘We the People’ refuse to meekly acquiesce to Judicial tyranny the Judiciary is gonna be hard pressed to regain trust, respect and the moral authority they depend upon. IOW this crap is how we get Pinochet. Far better not to go through that sort of thing.
This statement makes no sense to me.
If a non-citizen crosses the Mexican border into the U.S. and gets picked up nearly immediately (say within an hour and a mile of the border), are you saying that he has the right to due process before being deported?
I don’t think you can possibly be correct on this. The Constitution is not a suicide pact. Please provide relevant references that back your contention.
Based on Milhouse’s posts, it would appear that if the illegal alien is detained, has an immigration hearing where he is ordered deported, he then can file a writ of habeas corpus and if the government can’t provide a reasonable explanation for detention the judge will release the alien
This is what was happening in MN. Pro bono lawyers working for many of the aliens captured by ICE were filing writs immmediately. One judge was then holding the hearing on the writ, without a lawyer present representing the government, and releasing the detainees.
Yes. But their detention is voluntary. The Trump Administration has established a program to fly illegal aliens out of the country (and thus out of detention) nearly immediately. Any writ of habeas corpus in such cases should be considered inapplicable.
The govt doesn’t need an explanation to detain illegal aliens, the authority to do so is in the statute. Their habeas petition post final order of removal and prior to removal/deportation is full of crap with the exception of an argument about their identity IOW immigration got the wrong guy. The 5th Circuit just ruled on the issue of detention.
Finally let’s apply common sense. The illegal alien whose Identity was already established during the Immigration proceeding and who hasn’t met his burden to demonstrate he somehow qualifies to remain (statutory presumption of removal he must overcome) and now has final removal order ….wants to be released into the interior while he tires to fight his removal? How about no, that is nonsense. He can end detention by getting on a plane and kid he makes a convince argument to the AG then the AG can, on a case by case basis, remove the restriction on future application for lawful entry.
The problem is when the “judge” ignores the Government explanation of why the person is being held.
This wouldn’t be a problem in Congress would routinely impeach “judges” who don’t follow the law. So, yes, it all comes back to Congress not doing their job, but ultimately to the people who vote based on Party and not allegiance to the Constitution, as ratified, not as reinterpreted by “Progressives”!
Yes, that is correct.
That is a lawless statement. It’s a rogue government’s first and last refuge. The government has no authority to do anything except the constitution. It has no right to exist except the constitution. The moment it decides to ignore the constitution it must dissolve immediately. Without the constitution there is no United States of America at all, and therefore there is nothing to defend.
I can find where citizens of the USA are protected and entitled to habeas corpus but I can’t find anywhere in the Constitution that says illegals enjoy the same protections. So who exactly has determined that illegals fall under those protections.
eot
Where did you get this bizarre idea that habeas is limited to citizens? It’s bonkers. It’s utterly without foundation. You made it up. The constitution explicitly says it protects all persons who are within its jurisdiction, regardless of how they came to be there.
Okay – we have reached the point where the Congress needs to streamline the process for impeaching Federal Judges who are not following the intent of the law.
And I have a question: Can someone explain for me (Bueller, Milhouse?) how a Federal Judge can willfully disregard an order made by another Judge albeit an Immigration judge?
I can answer the second one.
Immigration “judges” are not judges. They are employees of the DOJ, no different from prosecutors. They function as an internal tribunal within the executive branch, to ensure that the executive branch gets things right, just like the Securities and Exchange Commission, or like Adminstrative Law “Judges”.
And just like the SEC and ALJs, once they have made a decision a person has an absolute constitutional right, which Congress cannot remove, to appeal to a real court.
In fact, as the 3rd circuit recently held, an alleged illegal immigrant who is being held in detention pending immigration “court” proceedings has no recourse to the real courts until the proceedings within the executive branch are done and there’s a final deportation order. Then and only then, the subject gets to put his case to a real judge.
So the fact that there’s a final order of deportation against these people not only doesn’t preclude a real judge from intervening, that is the only way a real judge can intervene. The administrative process must first be exhausted, and then it can come to court.
I haven’t looked at this case at all, and know nothing about it, but his words that are quoted here are completely correct.
Of course they are. No one with the slightest understanding suggests they aren’t.
I’m not sure whether that’s technically true, but it’s close enough for practical purposes.
That seems obvious. The president can ignore his own executive orders, but the government can’t ignore properly made regulations, unless the regulations themselves allow their suspension or override.
No comment on the specific cases, because I don’t know anything about them. This is just about the general principle.
But what’s the question of facts or law before the trial judge in the case of a deportation?
I would assume the question would revolve largely around ‘does this gentleman have a legal right to be in the country?’
Which broadly can be answered with ‘No, he has no legal right to be in the country and he illegally entered the country, nor has he managed to legalize his status in the last xty years, during which he was a drain on the public purse and/or stole an american’s, or a geen card holders, identity.
Since the case is largely cut and dry…why waste the time when all his deportation appeals have been existed, or they have clearly violated the contract they signed with the us?
Are illegal immigrants protected by the constitution? Only specific parts? Do they have the right to vote? Bear arms? Can they be arrested for not registering for Selective Service?
Where is the line drawn?
There is no line, only the leftist will to power.
What Milhouse is telling you is that, whatever the issue, there is never, sadly, a correct course of action for those who want to uphold the rule of law
You are always wrong and the left is always right.
The left has made this entire thing up.
The due process for an illegal alien is this–
show proof that you are here legally.
That’s it. If that can’t be done then it’s goodbye.
Everything else is farce.
When it was Milhouse’s allies using immigration judges to deport people he wasn’t saying that they weren’t real judges. They were as real as you can get.
Because it’s farce, it’s travesty.
Are you a mind reader, then, to tell me what Milhouse thinks? I wasn’t asking you, or for your malicious, backbiting interpretation of Milhouse.
“Oh? And when the last law was down, and the Devil turned ’round on you, where would you hide, Roper, the laws all being flat? This country is planted thick with laws, from coast to coast, Man’s laws, not God’s! And if you cut them down, and you’re just the man to do it, do you really think you could stand upright in the winds that would blow then? Yes, I’d give the Devil benefit of law, for my own safety’s sake!
Azathoth as usual viciously lies and libels me. He doesn’t deserve any kind of engagement with his so-called arguments, but it’s beyond rich for him to prate about the rule of law when he rejects it so completely. The constitution is the law. There can be no law without it. So defying it is by definition defying the rule of law and can never be defended as upholding it.
Having had a very quick look at this case, the question of law is obvious: These people have already had final orders of deportation issued, so they’re no longer in the immigration courts, and can’t be held pending the outcome of their cases. Once the process is over, the government must deport them within a reasonable time, or else release them. It can’t use a deportation order as an excuse to keep people in prison for the rest of their lives! The Supreme Court said six months is usually a reasonable time; these men’s six months expired many years ago.
Now if the government had finally come up with a plan to deport them, then it would be allowed to arrest them and hold them for that deportation. But it has no such plan. There is no prospect of their being deported in the near future, so by what authority was the government holding them?
In that limited case, I would largely agree with the judge, actually – men, humans, are not animals to be penned forever.
It raises the interesting question though, that their home countries appear not to want them back for whatever reasons, and as such what is the recourse of the United States? They simply say ‘no, we don’t want them back’ and the recourse of the united states is then…
We have none that does not ultimately flow from the barrel of a gun. We either threaten their home countries economically or militarily, or we in effect reward these men for breaking our laws.
Thank you Milhouse
Time to ignore those traitors in robes. That administrative process which ends in a removal order is their due process. Which is a hell of a lot more than we actually owe them. Remember they’re not even supposed to be here in the first place. They shouldn’t be spending our money at all
An administrative process is not due process, because there is no independent review of the government’s position. Just as SEC orders must be subject to appeal to the real courts, the same must apply to immigration orders. Once a person has exhausted all administrative remedies he must be allowed a hearing by a real court.
So the process is the punishment….for actual American citizens.
“Hammered” = “Said unpleasant things about.”
Meh.
Contrary to what this piece claims, paedophilia is not a crime, it’s a sexual orientation.
Mohammed was convicted of “sexual exploitation of a minor” not paedophilia. He may or may not be a paedophile, the charge doesn’t make it clear. Studies suggest many of those guilty of crimes against children aren’t driven by sexual orientation. Remember, male on male rape is common in prisons, but talking about prison homosexuality is verboten. Double standards no?
I would like to reply to CommoChief’s reply to me above, but no reply button is present so here is my reply.
First I follow and agree with your, CC, points. So my question is, on what grounds are the judges basing their decisions to release the alien criminals?
It appears that either the judges are just acting on their personal beliefs, or there is a failure on the administration to manage the legal assault that the progressives are waging.
I use the term “failure” not as a perjorative, just as a statement of fact. I really don’t know what they could be doing differently but I was, still am, hoping for more positive results.
Maybe the sheer numbers of illegals let in by Biden handlers have just created a no win situation given the behavior of federal judges?
Why don’t you read the linked article, which makes the reason very clear.
Where is the link?
NVM. Didn’t realize it was in the post, not in the comments. Understand the decision now.
Thanks.
Last post from me on this. After reading the linked article, reading the comments and reviewing some articles on the Poweline site, is the following summary correct?
1. Illegal aliens captured by ICE are entitled to an immigration hearing that determines whether deportation is needed or further immigration processes are followed.
2. If deportation is required the government must have a reasonable timeline for deportation.
3. Only at this point can the alien request review by a non immigration judge/court as to his legal status.
This last point seems to create a huge choke point in the deportation pipeline, unless the administration is enticing the aliens to leave without asking for the last non-immigration court hearing.
Lastly, the recent 5th circuit ruling stops the habeas corpus mischief that was going on in Minnesota?
Thanks.
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