The Hill:
DOJ asks Supreme Court to lift order to return wrongly deported man
The Trump administration asked the Supreme Court to lift a judge’s ruling ordering the government to return a man mistakenly deported to El Salvador by the end of Monday.
Kilmar Abrego Garcia, a Salvadoran national who resides in Maryland, was removed despite an immigration judge’s 2019 ruling protecting him from being deported to the country. The administration has blamed it on an “administrative error.”
Calling U.S. District Judge Paula Xinis’s Friday order to return Abrego Garcia “unprecedented relief,” the Justice Department (DOJ) said it can’t comply with the ruling and called for the high court’s emergency intervention.
“And this order sets the United States up for failure,” Solicitor General D. John Sauer wrote.
“The United States cannot guarantee success in sensitive international negotiations in advance, least of all when a court imposes an absurdly compressed, mandatory deadline that vastly complicates the give-and-take of foreign-relations negotiations. The United States does not control the sovereign nation of El Salvador, nor can it compel El Salvador to follow a federal judge’s bidding,” Sauer continued.
By default, the administration’s request will go to Chief Justice John Roberts, who handles emergency appeals arising from the 4th Circuit. He could act on the application alone or refer it to the full court for a vote.
That "cannot comply" is a sack of crap. Trump makes a phone call, the guy is sprung and they can fly down to El Salvador and pick him up.
They are making things up, in effect saying, "An error. Sorry. Uncorrectalble."
If it was me sent there that way I would sure as fuck want it unwound - and justice would be on my side.
What SCOTUS does, different story. I'd expect they'd honor the lower court, and not step into a pile, over how this was done where citizens are at risk of "error" too.
If not, the Court is not worth a pinch of dirt.