Then why does it say....
View attachment 57274
....across the top of the first page?
"Charged with" does not = convicted of or proved to be.
"Found to be" = alleged to be because they never proved any MS-13 affiliation.
Read further. That's one page out of the entire file.
Pg 8 from his DHS file:
GANG VALIDATION:
Per Prince Georges County Police Gang Unit Abrego-Garcia was validated as a member of the Mara Salvatrucha (MSl3} Gang. Subject was identified as a member of the Mara Salvatrucha MS-13, 11 Chequeo11 from the Western Clique a transnational criminal street gang. This information was provided by provided truthful accurate information in the past. See Prince Georges County Police Department (Gang Sheet).
Pg 9 and 10 from his administrative immigration court hearing:
The respondent argues that the Immigration Judge clearly erred in determining that he is a verified member of MS-13 because there is no reliable evidence in the record to support such a finding (Respondent's Br. at 6-9). In this regard, the respondent asserts that a Prince George's County Police Department Gang Field Interview Sheet ("GFIS") is based on hearsay relayed by a confidential source (Exh. 4 ). The respondent also claims that he presented sufficient evidence to rebut the allegation that he is affiliated with MS-13, including character references and criminal records showing that he has only been charged with traffic offenses. Therefore, the respondent contends that the Immigration Judge erroneously ruled that he did not show that he is not a danger to the community (Respondent's Br. at 9-10).
We adopt and affirm the Immigration Judge's danger ruling (IJ at 2-3). See Maller ofBurbano, 20 l&N Dec. 872, 874 (BIA 1994). Notwithstanding the respondent's challenges to the reliability ofthe GFIS, the Immigration Judge appropriately considered allegations ofgang affiliation against the respondent in determining that he has not demonstrated that he is not a danger to property or persons. See Maller ofFatahi, 26 I&N Dec. at 795 (in determining whether an alien presents a danger to the community and thus should not be released on bond pending removal proceedings, an Immigration Judge should consider both direct and circumstantial evidence of dangerousness); Maller ofGuerra, 24 l&N Dec. 37, 40 (BIA 2006) (stating that Immigration Judges may look to a number of factors in determining whether an alien merits release on bond, including "the alien's criminal record, including the extensiveness of criminal activity, the recency of such activity, and the seriousness of the offenses").
ORDER: The appeal is dismissed.
Pg 12 From his latest bond hearing
The Respondent also argued that he is not a danger to the community. He has no criminal convictions. He denied being a gang member and objected to the admissibility ofthe Fann 1-213 and the Prince George's County Police Department Gang Field Interview Sheet because he lacked the opportunity to cross-examine the detective who determined that he is a gang member. The OHS opposed the Respondent's request for bond. The OHS asserted that the Respondent is a verified gang member. The Respondent was arrested in the company ofother ranking gang members and was confinned to be a ranking member ofthe MS-13 gang by a proven and reliable source. The OHS argued that the Fann 1-213 is admissible as a legally reliable document in immigration court.
He was repeatedly found to be an MS 13 gang member by multiple courts and deportable. The only question on the table is where he gets deported to.