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Nonilex

There is a court filing regarding the , w/2 affidavits.

8 women were mistakenly sent to the prison & had to be flown back.

Nicaraguan man (not Venezuelan) was also mistakenly sent to El Salvador prison & had to be flown back.

This is haphazard execution of a that never should have been invoked in the first place, since hello! we aren’t at war with anybody!

storage.courtlistener.com/reca

Eight women were mistakenly sent to El Salvador prison and had to be flown back. Nicaraguan man (not Venezuelan) was also mistakenly sent to El Salvador prison and had to be flown back
#Constitution#immigration#DueProcess
Public
Nonilex

The admin invokes the privilege, saying it will give Judge no more information about the flights to inform his decision about whether the govt defied his order.

storage.courtlistener.com/reca

NOTICE INVOKING STATE SECRETS PRIVILEGE The Executive Branch hereby notifies the Court that no further information will be provided in response to the Court's March 18, 2025 Minute Order based on the state secrets privilege and the concurrently filed declarations of the Secretary of State and the Secretary of Homeland Security. This is a case about the President's plenary authority, derived from Article II and the mandate of the electorate, and reinforced by longstanding statute, to remove from the homeland designated terrorists participating in a state-sponsored invasion of, and predatory incursion into, the United States. The Court has all of the facts it needs to address the compliance issues before it. Further intrusions on the Executive Branch would present dangerous and wholly unwarranted separation-of-powers harms with respect to diplomatic and national security concerns that the Court lacks competence to address. Accordingly, the states secrets privilege forecloses further demands for details that have no place in this matter, and the government will address the Court's order to show cause tomorrow by demonstrating that there is no basis for the suggestion of non-compliance with any binding order.
#law#Constitution#immigration
Public
Nonilex

These are the questions the admin says it would damage to answer—even in private for the judge's eyes only

1) What time did the plane take off from US soil & from where?

2) What time did it leave US airspace?

3) What time did it land in which foreign country (including if it made more than one stop)?

4) What time were individuals subject solely to the Proclamation transferred out of US custody?

5) How many people were aboard solely on the basis of the Proclamation?

Public
Nonilex

In a separate brief filed yesterday, plaintiffs argue that Judge already has enough undisputed information in the record to find that the govt violated his order.

storage.courtlistener.com/reca

PLAINTIFFS' NOTICE REGARDING THE COURT'S MARCH 19 ORDER REQUIRING DEFENDANTS TO PROVIDE INFORMATION In response to this Court's factual inquiries about whether its March 15 oral & written Temporary Restraining Orders were violated, Plaintiffs make a few brief points, & request the opportunity to respond further on March 31 should the government invoke the state secrets privilege. See Order (ECF No. 47). First, there are already sufficient undisputed facts in the record and in the public domain for this Court to find that its Orders were violated. Plaintiffs recognize that the Court understandably wishes ultimately to gather all of the facts and to create a complete record. Nonetheless, the consequences of Defendants' violations that the individuals sent to El Salvador are being held incommunicado in a prison known for horrible conditions, where they face immediate & grave harm-militate in favor of further immediate relief, in light of facts already known. Those facts include two new declarations submitted with this Notice and referenced by undersigned counsel at the March 21 hearing. The first is from a Venezuelan woman who states…
#law#Trump#immigration
Nonilex

If Judge finds that the gov't did violate his orders, "Plaintiffs respectfully request that the Court order that class members be returned promptly to the United States."

If the Court does determine that class members were unlawfully removed in violation of the TRO, Plaintiffs respectfully request that the Court order that class members be returned promptly to the United States. Plaintiffs note that both the United States and El Salvador have represented that El Salvador is acting at the behest of the United States government, and the detention is directly paid for by the United States government. See Matthew Lee & Regina Garcia Cano, US Prepares to Deport about 300 Alleged Gang Members to El Salvador, Assoc. Press (Mar. 15, 2025) (describing agreement in which the United States will pay El Salvador to imprison Venezuelans transferred from the U.S.).6 And as the Court has already found, Salvadoran prisons are notoriously dangerous and life-threatening. Pls. Opp. at 37-38 (ECF No. 44); Order on Motion to Vacate TRO at 33-35 (ECF No. 53). Plaintiffs' expert reports detail conditions that amount to torture-including (excerpt ends here)
#law#Trump#immigration
Mar 25, 2025, 01:55 PM·Public·Mastodon for iOS
16boosts·13favorites
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M.S. Bellows, Jr.

@Nonilex I'm guessing that the seven (SEVEN!) separate Supreme Court opinions (concurring, dissenting, etc.) in U.S. v Zubaydah (2022) are gonna get read, reread, and dissected a LOT as this Venezuela "state secrets" case moves forward.
en.m.wikipedia.org/wiki/United

en.m.wikipedia.orgUnited States v. Zubaydah - Wikipedia
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