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#alienenemiesact

15 posts5 participants0 posts today
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Nonilex

The justices will soon decide whether to relieve the #Trump admin from the trial court’s order halting the expulsions. Whether the govt has complied w/the order isn’t directly before #SCOTUS. But whether the Court can trust the govt’s representations during such quickly unfolding litigation is—& the justices have every reason not to.

#law#immigration#AlienEnemiesAct
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Nonilex

The #Trump admin had asked #SCOTUS to intervene & lift a block on the #deportations imposed by a lower court. But a brief filed on behalf of the #immigrants by the #ACLU & #DemocracyForward said that block is now “the only thing” preventing the Trump admin from sending immigrants “to a prison in #ElSalvador, perhaps never to be seen again, without any kind of procedural protection, much less judicial review.”

supremecourt.gov/DocketPDF/24/

#law#immigration#AlienEnemiesAct
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Nonilex

#Trump admin: “But there is no jurisdiction in habeas. Plaintiffs admit—as they must—that the United States does not have custody over Abrego Garcia.”

They are arguing they don’t have jdx because he’s in El Salvador. He’s in El Salvador because they *mistakenly* sent him there. And the US govt is PAYING #ElSalvador to hold him in the detention center there.

This makes absolutely no sense.

But there is no jurisdiction in habeas. Plaintiffs admit—as they must—that the United States does not have custody over Abrego Garcia. They acknowledge that there may be “difficult questions of redressability” in this case, reflecting their recognition that Defendants do not have “the power to produce” Abrego Garcia from CECOT in El Salvador. Mem. Supp. TRO Mot. 2. But even more, they concede that Abrego Garcia is not in Defendants’ custody. Id. (asking the Court to order Defendants to “request that the government of El Salvador return Plaintiff to Defendants’ custody”). Despite their allegations of continued payment for Abrego Garcia’s detention, Plaintiffs do not argue that the United States can exercise its will over a foreign sovereign. The most they ask for is a court order that the United States entreat—or even cajole—a close ally in its fight against transnational cartels. This is not “custody” to which the great writ may run. This Court therefore lacks jurisdiction.
#law#AlienEnemiesAct#USpol
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Nonilex

The #immigration judge had declared that Abrego Garcia was "more likely than not" to face persecution in #ElSalvador & the #Trump admin sent him there.

They even admit they knew, “although ICE was aware of his protection from removal to El Salvador, Abrego Garcia was removed to El Salvador because of an administrative error” & STILL they will not do anything to bring him back.

courtlistener.com/docket/69777

Plaintiffs allege that, on March 12, 2025, Abrego Garcia was stopped by ICE officers, who informed him that his immigration status had changed. Id. ¶¶ 48–50; see also Cerna Decl., infra Ex. C, ¶ 11. After being detained, he was questioned about gang affiliations and transferred ultimately to a detention center in Texas. Compl. ¶¶ 53, 56; Cerna Decl. ¶¶ 2, 11. Plaintiffs allege Abrego Garcia was told he would be removed to El Salvador and detained at the CECOT prison there. Compl. ¶¶ 56–57 & n.1. On March 15, although ICE was aware of his protection from removal to El Salvador, Abrego Garcia was removed to El Salvador because of an administrative error. Cerna Decl. ¶¶ 12–15. On March 16, a news article contained a photograph of individuals entering intake at CECOT. Id. ¶ 59. Abrego Garcia’s wife identified one of the detainees depicted as her husband based on his tattoos and head scars. Id.
#law#AlienEnemiesAct#Constitution
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Nonilex

#GiftArticle

The #Trump admin acknowledges that it grabbed a Maryland father with withholding of removal protected legal status & mistakenly deported him to #ElSalvador on March 15.

The US govt told a court on Monday it won't bring Kilmar Abrego Garcia back.

"What.The.Fuck..." one govt attorney told Nick Miroff.

#immigration #law #CivilRights #HumanRights #AlienEnemiesAct #TheCrueltyIsThePoint #kakistocracy
theatlantic.com/politics/archi

The Atlantic · An ‘Administrative Error’ Sends a Maryland Father to a Salvadoran PrisonBy Nick Miroff
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Nonilex

WH Press Sec Karoline Leavitt tells Andrew Feinberg of TheIndependent, “Shame on you" after he asked her about #ICE's "#AlienEnemiesAct Validation Guide” which the #Trump admin FILED IN COURT that states for ICE to label a person a member of #TdA, they must:

1) determine they are a #Venezuelan & over 14, &

2) find 8 points on a scoring guide they made:

4 points for having alleged *gang* tattoos +
4 points for displaying gang "logos" or
"symbols"

That’s it.

#law#immigration#DueProcess
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Nonilex

The #legal #rights people have if #ICE stops them

A sense of anxiety is gripping noncitizen residents of the #UnitedStates.

The 2nd #Trump admin kicked off w/a shock-&-awe effort aimed at arresting & deporting many immigrants without legal status. But stories are now emerging of both longtime legal permanent residents & visa holders being detained by ICE & other #immigration *officers*.

#law #Constitution #AlienEnemiesAct #DueProcess #Rendition #Abduction #CivilRights
npr.org/2025/03/28/nx-s1-53424

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Nonilex

In case you didn’t get to see the op-ed #RumeysaOzturk co-authored w/ 3 others in 2024 here’s the link.

tuftsdaily.com/article/2024/03

You don’t even have to read it just search it for the word “Hamas” — no results.

The Tufts DailyOp-ed: Try again, President Kumar: Renewing calls for Tufts to adopt March 4 TCU Senate resolutionsThe independent student newspaper of Tufts University
#law#immigration#AlienEnemiesAct
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Nonilex

Judge Brinkema, an appointee of President Bill Clinton, found the evidence in the case sorely lacking, acc/to a lawyer for the couple, Simon Sandoval-Moshenberg. “She said if [ofcls] had come to her chambers seeking an arrest warrant she would have thrown them out,” he said. The judge ordered the couple immediately released so they could walk out of the courtroom, attys said.

#immigration#law#CivilRights
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Nonilex

A federal judge has ordered the immediate release of a Washington-area #Venezuelan couple who contend they’ve been unfairly swept up in #Trump’s crackdown on Venezuela-based gang #TdA.

Luddis Sanchez Garcia, 33, & Julio Sanchez Puentes, 27, walked out of the federal courthouse in Alexandria, Virginia, Friday morning surrounded by supporters after US District Judge Leonie Brinkema declared there was no legal basis for their #detention.

#law #AlienEnemiesAct #immigration
politico.com/news/2025/03/28/v

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