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Public
Nonilex

attorney begins saying the generally doesn't apply extraterritorially, and stops him, emphasizing that the question here is about his own equitable powers, not the Immigration and Nationality Act.

DOJ says the people had physically been removed so he no longer had jurisdiction.

🧵

Public
Nonilex

responds to that: "Isn't the response what you think is unconstitutional or improper or illegal injunction to seek modification or appeal?"

says "when the planes are in the sky and there is sensitive national security, that's not a call that can be made."

🧵

Public
Nonilex

says just return the planes then figure out the answer, rather than simply ignoring the order.

then says that isn't what they're arguing & then shifts to their third argument, which is inherent presidential authority to move military forces.

/again, these were not flights!

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Nonilex

is now arguing that this is a issue & claims that the US would suffer if any TdA member weren't deported.

"I'm not calling into the question the government's foreign policy ... I'm just asking how you think my equitable powers do not attach to the plane ... ?"

🧵

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Nonilex

Wow. is arguing that has authority OUTSIDE the in "that would not be subject to either orders."

seems skeptical at a minimum, & asks if the president's foreign power exists only once the plane crosses into international airspace?

🧵

Public
Nonilex

asks "You're saying that the president somehow has extra powers over a plane once it enters international airspace once it leaves US airspace?"

basically says yes, then starts repeating previous arguments.

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Nonilex

points out again that his equitable powers as a judge do not stop at the U.S. border lines or in international airspace.

He pauses & says this is a complex question & it would be better to be arguing them on the basis of the , pointing out again didn't give them the facts.

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Nonilex

then moves to Lee Gelernt of the , asking him whether he wants to respond, & noting again that he doesn't plan to issue any rulings today about whether the order was violated.

Lee begins by pointing out the best way to deal with a they disagreed with was to obey & then appeal.

🧵

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Nonilex

Lee Gelernt says it's "implausible" that they didn't believe they were bound by what said in court, but even if they did, it was obvious that the only proper action was to go back to the court & seek clarification or turn the plane around & appeal.

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Nonilex

then asks the government about another issue; when was the Proclamation actually signed?

The atty says that he does not have any information right now as to when the proclamation was signed, & Boasberg asks him to submit that information as well by noon tomorrow, & for the DOJ to provide an argument for when the proclamation went into effect.

🧵

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Nonilex

then asks how many people are subject to the proclamation & how many people are currently in custody.

says they don't have it. also says they don't have it, & points out that the proclamation is vague enough that it's hard for anyone to figure out who is subject.

🧵

Public *
Nonilex

Lee then says they're going to argue that the government should be required to give anyone subject to the a hearing before finding that they're covered, & they'll be seeking that later.

orders to say how many people are designated under AEA. DOJ says again they may refuse.

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Nonilex

with a sarcastic aside: "What I will hear from you by noon tomorrow — & I will memorialize in written form since apparently my oral orders don't carry much weight — is a written declaration" about the third flight & also the information he's previously ordered them to provide.

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Nonilex

With that, the hearing is over. The govt will file more information tomorrow, & it may again refuse to provide specific the information requested (but must explain why). There is a further hearing on the on Fri, & action in the DC Circuit Court where briefing ends Wed.

🧵

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Nonilex

did in fact mention as an aside earlier that I didn’t include.

Here’s the exact quote:

“Two more questions for Mr. Kambli (for the US govt) that don't relate to CONTEMPT / disobeying court orders. 1) Was Trump's Tren de Aragua proclamation signed in secret on Friday? Or on Saturday? Need to know timing & when US thinks it went into effect.”

🧵

Public
Nonilex

Family members of Venezuelan migrants who suspect their loved ones were sent to El Salvador as part of a rapid US operation over the weekend are struggling to get more info as a legal battle plays out.

Advocates have launched a WhatsApp helpline for people searching for family members, while attorneys have tried to locate their clients after they went dark.


reuters.com/world/americas/rel

Public
Nonilex

NEW. The admin files its notice w/ Judge , saying:

1. Everyone on the third plane had a final order of removal, so was not deported under the

2. The Proclamation was signed Friday but didn't go into effect until posted on the WH website

3. alleges there are 258 known members in the US

#law#Constitution#AlienEnemiesAct
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Nonilex

4. says they will only give Judge answers on "through an in camera & ex parte declaration." (that is, they say will file a non-public declaration that he alone can see). They still give zero specific reasons other than handwaving at national security.

#Venezuela

The Court also ordered the Government to address the form in which it can provide further details about flights that left the United States before 7:25 PM. The Government maintains that there is no justification to order the provision of additional information, and that doing so would be inappropriate, because even accepting Plaintiffs’ account of the facts, there was no violation of the Court’s written order (since the relevant flights left U.S. airspace, and so their occupants were “removed,” before the order issued), and the Court’s earlier oral statements were not independently enforceable as injunctions. The Government stands on those arguments. Moreover, given that the Government’s motion for a stay remains pending before the D.C. Circuit, the Government should not be required to disclose sensitive information bearing on national security and foreign relations until that motion is resolved, especially given that this information is neither material nor timesensitive. If, however, the Court nevertheless orders the Government to provide additional details, the Court should do so through an in camera and ex parte declaration, in order to protect sensitive information bearing on foreign relations.
Public
Nonilex

Essentially the told Judge that it does not need to provide the Court with any additional info (despite being ordered to do so) b/c "there was no violation of the Court's *written* order (since the relevant flights left US airspace, & so their occupants were 'removed,' before the order issued)"

DOJ then said the Court's oral pronouncements prior to the written order being docketed "were not independently
enforceable as injunctions"

[this is bullshit]

Public
Nonilex

also argued that b/c it filed for a stay before the appeals court, it "should not be required to disclose sensitive information bearing on national security & foreign relations until that motion is resolved, especially given that this information is neither material nor time-sensitive."

[Not time-sensitive? They were literally flying people out if the country as fast as they could to avoid complying with the court’s order]

#law#immigration#AlienEnemiesAct
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Nonilex

The Govt Affidavit provides an explanation for the third flight leaving after ’s orders:

"[A]ll individuals on that third plane had Title 8 final removal orders."

That means this flight complied with the order.

On March 15, 2025, after the Proclamation was publicly posted and took effect, three planes carrying aliens departed the United States for El Salvador International Airport (SAL). Two of those planes departed U.S. territory and airspace before 7:25 PM EDT. The third plane departed after that time, but all individuals on that third plane had Title 8 final removal orders and thus were not removed solely on the basis of the Proclamation at issue. To avoid any doubt, no one on any flight departing the United States after 7:25 PM EDT on March 15, 2025, was removed solely on the basis of the Proclamation at issue, ICE carefully tracks the TdA
#law#Constitution#immigration
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Nonilex

From the Sat night hearing:

Govt attorney:

"Would this TRO apply to aliens that otherwise have final orders of removal, because from our perspective, that would be an independent basis to effectuate their removal?"
...
Judge : "That's fair. ... Yes, Mr. Ensign, I agree."

#law#Constitution#immigration
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Nonilex

There are still serious concerns about the prior two flights WITH *alleged* [w/o there’s no way to verify & family members & attorneys have said the allegations are false in many cases] detainees onboard that continued despite the judge's order.

#law#Constitution#immigration
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Nonilex

They were not DEPORTED. Deported means sending them back to their country of origin. These people were sent to a maximum security in , without any or any analysis as to whether they feared harm there.

Flying a person to a third country that they may never have been to, directly into a prison where they are going to be forced to do hard labor, is not a ; it's something else entirely.

#law#Constitution#immigration
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Nonilex

Per Asha Rangappa:

Historical note: When President Lincoln *actually suspended* under the Suspension Act of 1863, he was required to provide lists of all people detained who were not POWs to the circuit court. He complied. While prosecuting an *actual war*.

(Ex parte Milligan - law.cornell.edu/supremecourt/t)

LII / Legal Information InstituteEx parte Milligan
#law#Constitution#immigration
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Nonilex

From Southpaw:

The government under by all accounts is shipping these people into indefinite involuntary servitude in without even the pretense of any process, much less duly convicting them of a . It’s an enslaving operation.

It is .

#law#Constitution#immigration
Public
Nonilex

This is some messed up dystopian stuff

Photos of the illegally *deported* by under the to the maximum security prison Terrorist Confinement Centre () in Tecoluca,

Photos, released by the Presidencia El Salvador.

Exterior of the Terrorist Confinement Centre (CECOT) in Tecoluca, El Salvador
Illegally detained Venezuelans being transferred overnight to the Terrorist Confinement Centre (CECOT)
Illegally detained Venezuelans being transferred overnight to the Terrorist Confinement Centre (CECOT)
Illegally detained Venezuelans being transferred overnight to the Terrorist Confinement Centre (CECOT)
#law#Constitution#immigration
Public
Nonilex

Photos of the illegally *deported* by under the to the maximum security prison Terrorist Confinement Centre () in Tecoluca,

Photos, released by the Presidencia El Salvador.

Illegally detained Venezuelans arrival at the Terrorist Confinement Centre (CECOT)
Illegally detained Venezuelans arrival at the Terrorist Confinement Centre (CECOT)
Illegally detained Venezuelans being shaved upon arrival at the Terrorism Confinement Centre (CECOT)
Illegally detained Venezuelans being shaved upon arrival at the Terrorism Confinement Centre (CECOT)
#law#Constitution#immigration
Public
Nonilex

Photos of the illegally *deported* by under the to the maximum security prison Terrorist Confinement Centre () in Tecoluca,

Photos, released by the Presidencia El Salvador.

Illegally detained Venezuelans in their cell at the Terrorist Confinement Centre (CECOT)
Illegally detained Venezuelans being placed in a cell at the Terrorist Confinement Centre (CECOT)
Illegally detained Venezuelan alone in a cell at the Terrorist Confinement Centre (CECOT)
Illegally detained Venezuelans being placed in a cell at the Terrorist Confinement Centre (CECOT)
#law#Constitution#immigration
Public
Nonilex

NEW

admin chastises judge for making flight case ‘a picayune dispute’

The chastised a federal judge’s demand for info about deportation flights that left the country over the weekend, accusing him of “digressive micromanagement” in a court filing Wed.

Judge ordered the Trump admin to provide him the details under seal by midday Wed as the judge investigates whether ofcls violated his Sat order to turn around airborne planes….


thehill.com/regulation/court-b

Public
Nonilex

“What began as a dispute between litigants over the President’s authority to protect the national security & manage the foreign relations of the US pursuant to both a longstanding Congressional authorization & the President’s core constitutional authorities has devolved into a picayune dispute over the micromanagement of immaterial factfinding,” wrote.

#law#Constitution#immigration
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Nonilex

“The Court has now spent more time trying to ferret out information about the Government’s flight schedules & relations with foreign countries than it did in investigating the facts before certifying the class action in this case. That observation reflects how upside-down this case has become, as digressive micromanagement has outweighed consideration of the case’s legal issues,” the DOJ wrote [missing the point].

#law#Constitution#AlienEnemiesAct
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Nonilex

Judge just granted the admin ANOTHER 24hrs to explain themselves. His order expressed serious doubt about the claim of state secrets or classified information. Boasberg points out that everything was already largely disclosed by Trump on socialmedia.

ORDER: The Court ORDERS that: 1) Defendants' 37 Motion is GRANTED IN PART & DENIED IN PART; & 2) Defendants shall have until March 20, 2025 at 12PM

storage.courtlistener.com/reca

Minute order granting 24 more hours
Page 1 of Boasberg’s new order
Page 2 of Boasberg’s new order
Page 3 of Boasberg’s new order
#law#Constitution#AlienEnemiesAct
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Nonilex

Per Raffi Melkonian:

Judge is building insurance against appellate review. He wants the appeals court to see that the district judge gave every opportunity to comply w/ his orders.

It's just very difficult to get a contempt order or something similar to stick, especially against DOJ.

It’s not how it should work, but it’s the world we live in.

Even this level of restraint & patience may not work.

#law#Constitution#AlienEnemiesAct
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Nonilex

AG incorrectly tells FauxNews that Judge in the Venezuelan case has "no right" to ask when the planes departed & who was on them while determining whether the admin defied the court order:

"This judge has no right to ask those questions.… The judge had no business, no power to do what he did"

Wrong. So very wrong.

#law#Judiciary#ConstitutionalCrisis
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Nonilex

NEW

filed a reply in support of emergency motion for a stay pending appeal —an attempt to block Judge 's

storage.courtlistener.com/reca

The national security implications also support immediate review. The Court's orders, global in scope, makes further removals of TdA members impossible during this critical period. Even when a person does not pose a threat, removal delayed tends to become removal denied. Zadvydas v. Davis, 533 U.S. 678, 696 (2001). That is true a fortiori when dealing with some of the most dangerous criminals on Earth. Plaintiffs agree immediate appeal is available from an order removing an alien "to a country where he alleged" he will face harm (Opp. at 7, citing Belbacha, 520 F.3d at 458)—but insists the government cannot immediately appeal an order that may make it impossible to transfer out of our country highly dangerous individuals who are dedicated to causing harm to the American people. That cannot be right.
#law#Constitution#immigration
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Nonilex

lawyers urged an appeals court Wed to overturn a judge’s block on ’s of under the .

The filing is the latest volley in an escalating legal battle over Trump's priority of strengthening enforcement. Trump has called for Chief US District Judge James 's …[&] Chief Justice rebuked Trump over the impeachment threat.


usatoday.com/story/news/politi

USA TODAY · Trump administration asks appeals court to reverse block on deportation of VenezuelansBy , USA TODAY
Quiet public
Hilary

@Nonilex

Ugh. The whole thing is vile.

But the main reason I boosted this is the picture. Performative cruelty, intentionally shown in order to humiliate and intimidate. Vile.

Most of these people are probably entirely innocent.

But this denial of respect and dignity would be an outrage even if they were convicted criminals.

Human rights are universal.

Nonilex

@regordane

Yesterday or a few days or years ago (this week has been long; the 2 months of Trump feel like 20 years) I posted photos released by El Salvador president Bukele & disseminated by Trump & his cronies. As always with them, TheCrueltyIsThePoint.

masto.ai/@Nonilex/114185872893

(Some of the photos are general images not from this deportation, most are from last Saturday & Sunday)

Mar 21, 2025, 08:49 PM·Public·Mastodon for iOS
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