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Nonilex

🚨🚨 Just released a 37-page ruling from Chief Judge James , denying the administration request to vacate its TROs preventing the government from enforcing the against .

🚨No one subject to the can be deported without a hearing.🚨

storage.courtlistener.com/reca

#law#Constitution#immigration
Public
Nonilex

The US Court of Appeals for DC is still hearing ’s appeal & request to remove Judge this afternoon at 1:30PM.

#law#Constitution#immigration
Public
Nonilex

Judge also finds that the Foreign Affairs Reform & Restructuring Act () protections likely remain available to removals.

Under FARRA, these plaintiffs could seek Convention Against () protections due to *where* they were being taken — has been accused of violations before.

Even assuming arguendo that the Alien Enemies Act provides the President with the power to remove Plaintiffs, it says nothing about the limits on countries to which they can or should be removed. As the Huisha-Huisha court observed, FARRA does: it dictates the process that must occur before individuals may be removed to places where they fear torture.… Since both statutes can be given meaning, the Court must do so, and FARRA protections are likely available to those removed under the Act.
Plaintiffs claim that they never received the opportunity to request protection under CAT from being deported to El Salvador. Instead, they aver that when the Government loaded them on to planes on the morning of March 15, they were not only prevented from claiming CAT protection, but also not informed where they were being taken. See Shealy Decl., 1 10 ("On the plane,... detainees asked the officers where they were being taken. The officers would only say that they didn't know and then laughed."); Carney Decl., 4 12. Without such information, even if they had been given an opportunity to raise a torture claim, they would not have been able to meaningfully do so. As discussed in Section III.C, infra, the evidence at this point shows a likelihood of potential torture should Plaintiffs be removed to El Salvador and incarcerated there. To the extent that Defendants seek to remove Plaintiffs to that destination, CAT could stand as an independent obstacle.
#law#immigration#Trump
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Nonilex

Judge terrifyingly describes the prison knowing that:

- The admin admitted "many of the TdA members ... do not have criminal records”

- Several cases of misidentification have emerged

- The most senior ofcls signed a brief saying these detainees would not suffer "irreparable harm"

'highly Likely to face immediate & intentional life-threatening harm [El Salvador] govt has boasted that inmates in CECOT "never leave"; indeed, one expert declarant alleges that she does not know of any CECOT inmate who has been released. In a sample of 131 cases, [it was] found that 115 family members of detainees have not received any info about the whereabouts or wellbeing …rarely allowed to leave their cells, have no regular access to drinking water or adequate food, sleep standing up because of overcrowding & are held in cells where they do not see sunlight for days. "tuberculosis, fungal infections, scabies, severe malnutrition & chronic digestive issues are common." disciplined through beatings & humiliation. One inmate clamed that police beat prison newcomers with batons. When he denied being a gang member, they sent him to a dark basement cell with 320 detainees, where prison guards & other detainees beat him every day. On one occasion, one guard beat him so severely that [he] broke a rib." Three prior deportees from the United States reported being kicked in the face, neck, abdomen, & testicles, with one requiring "an operation for a ruptured pancreas & spleen." Needless to say, the risk of torture, beatings, & even death clearly & unequivocally supports a finding of irreparable harm
#law#Constitution#immigration
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Nonilex

govt affidavit saying: "While it is true that many of the TdA members removed under the AEA do not have criminal records in the United States"

storage.courtlistener.com/reca

DOJ brief signed by ’s AG & the senior leadership at the saying, "Plaintiffs have not established irreparable harm."

storage.courtlistener.com/reca

US affidavit saying: "While it is true that many of the TdA members removed under the AEA do not have criminal records in the United States"
DOJ brief signed by AG Pam Bondi & the senior leadership at the DOJ saying, "Plaintiffs have not established irreparable harm."
#law#Constitution#immigration
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Nonilex

Judge on how the admin tried to evade courts:

"[T]he most reasonable inference is that it hustled people onto those planes in the hopes of evading an injunction or perhaps preventing them from requesting the habeas hearing to which the Government now acknowledges they are entitled."

"[T]he most reasonable inference is that it hustled people onto those planes in the hopes of evading an injunction or perhaps preventing them from requesting the habeas hearing to which the Government now acknowledges they are entitled."
#law#Constitution#immigration
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Nonilex

atty starts by arguing ’s order infringes on the powers of the Executive Branch.

Judge immediately interrupts by saying it is totally under the judicial powers to review whether individuals qualified under the & were denied to prove they were not members of the gang .

#law
Public
Nonilex

Judge says the problem isn’t with the proclamation but the implementation. If intends to deport only members of , the fact that nonmembers are being deported doesn’t align with his proclamation. The Temporary Restraining Order issued by Judge allows the admin to detain but prohibits removal to another country until the detainees have been given an opportunity to argue that they were not TdA members & therefore were not subject to the .

Public
Nonilex

The atty just told the judge she is incorrectly reading . 🤦🏼‍♀️

Ryan Goodman noted that Judge in his ruling this morning correct interprets Ludecke.

“Chief Judge Boasberg read landmark Supreme Court case of Ludecke the right way!

“Ludecke Court assessed the factual question of whether WWII terminated.

“So too can courts assess Trump ‘invasion’ etc claims.”

The Supreme Court's decision in Ludecke provides the crucial jumping-off point for determining which, if any, predicates to the Alien Enemy Act's use are justiciable.… The Ludecke Court, however, did not say that deciding whether a war had ended was a political question that the judiciary was unempowered to resolve. Instead, it interpreted “declared war," defined its termination based on that construction, and decided as a factual matter whether such termination had occurred.… In light of Ludecke and the political-question doctrine's principles thus far explained, this Court is confident that it can — and therefore must, at the appropriate time — construe the terms “nation," "government," "invasion," and "predatory incursion."
#AlienEnemiesAct#immigration#law
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Nonilex

Judge just said “ got better treatment under the ”

They had hearing boards.

The people deported had no opportunity to apply for habeas. The planes started leaving 2 hours after Trump’s proclamation was signed.

#law#Constitution#immigration
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Nonilex

admin argues that relief can only be sought by .

Judge asks why not ? If individual’s argument is that they should not be subject to then habeas is not the correct path. The individuals are being removed not detained. They aren’t even arguing against their detention, they’re objecting to their removal to an prison. Without process they aren’t being given opportunity to defend their removal subject to the AEA.

#law#AlienEnemiesAct#Judiciary
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Nonilex

Judge: Your argument is that this is an intrusion on presidential powers. But removing individuals without process, without giving them the opportunity to say they aren’t members of the TdA is a misreading of the , the . And that is subject to judicial review. The president has to follow the constitution & laws just like everybody else.

Nonilex

@liquor_american

No. If their argument law is being misinterpreted & inappropriately applied that can be reviewed by the courts & corrected by the government.

I assume you’re talking about their immunity decision. That was regarding the president’s acts within his official duties.

Mar 24, 2025, 07:15 PM·Public·Mastodon for iOS
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