>Considering these facts, and with no evidence to the contrary provided by the Government, the district court properly determined that “just as in any other contract facility, Defendants can and do maintain the power to secure and transport their detainees, Abrego Garcia included.” Dist. Ct. Opinion at 12. In its filings before this court, the Government makes no more than a naked assertion that Abrego Garcia “is in the custody of a foreign sovereign over whom America has no jurisdiction.” Mot. for Stay at 9. But the record demonstrates otherwise. There is no indication that Abrego Garcia has been charged with a crime in El Salvador or is being held there pursuant to the laws of El Salvador. On the contrary, Abrego Garcia is a detainee of the United States Government, who is being housed temporarily in El Salvador, “pending the United States’ decision on [his] long term disposition.” S.A. 149. Thus, the district court’s order does not require the United States to demand anything of a foreign sovereign.
Instrumental here is 'contract facility.'
The District court and Thacker's quote cite the El Salvador facility as a 'contract' facility. On that basis they argue it is not a demand on a foreign sovereign, but rather a detention by the USG.