Judge Boasberg cancels planned hearing to review Trump deportations

Conil

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And Boasberg didn't know this? Trying to get them to bring back the gang bangers that were deported?

Supreme Court said his DC court did not have jurisdiction over the case

The federal judge who blocked the Trump administration's use of a 1798 wartime law to immediately deport Venezuelan nationals canceled a planned Tuesday court hearing to review the case after the Supreme Court handed a win to the president.

In a minute order published Tuesday morning, U.S. District Judge James Boasberg announced that the previously scheduled Tuesday afternoon hearing would be vacated in light of the high court's ruling, which determined, among other things, that the "appropriate venue for such proceedings is the Southern District of Texas," or wherever plaintiffs that are subject to potential removal are currently being held.

At issue in the case was Trump's use of the Alien Enemies Act, a 1798 wartime immigration law, to immediately deport Venezuelan nationals, including alleged members of the Tren de Aragua gang.

Plaintiffs filed for an emergency restraining order in D.C. District Court last month to temporarily block the administration’s use of the law – a request granted by Boasberg, who agreed that the deportations would likely cause imminent and "irreparable" harm to the affected migrants under the proposed timeline.

A federal appeals court also upheld that ruling, which put Boasberg squarely in the crosshairs of the Trump administration.

The lower court's restraining order remained in effect until Monday night, when the Supreme Court sided with Trump in an emergency order.

Since its passage in Congress 228 years ago, the Alien Enemies Act had been used just three times: during the War of 1812, World War I and World War II.

Boasberg had been tasked with reviewing the Trump administration's use of the law to deport Venezuelan nationals.

The 5-4 Supreme Court ruling established due process protections and the right to judicial review for migrants subject to deportation under the law.

Justices said in particular that migrants have the right to appear in court before they are deported, and must receive proper notice of any planned removal proceedings from the U.S. under the Alien Enemies Act.

Detainees "must receive notice after the date of this order that they are subject to removal under the Act," justices wrote in the majority. "The notice must be afforded within a reasonable time and in such a manner as will allow them to actually seek habeas relief in the proper venue before such removal occurs."

 

mandrill

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The USSC unanimously emphasized that the admin had to give a reasonable opportunity for habeas corpus applications in all cases and then TEMPORARILY let Trump's actions stand pending a full hearing and final adjudication of the case.

It said that the appropriate district for habeas was the district where the prison was located. I'm not seeing any of that as any sort of a "win" for Trump, given that his admin said no one was entitled to a habeas application.


The 5-4 Supreme Court ruling established due process protections and the right to judicial review for migrants subject to deportation under the law.

Justices said in particular that migrants have the right to appear in court before they are deported, and must receive proper notice of any planned removal proceedings from the U.S. under the Alien Enemies Act.

Detainees "must receive notice after the date of this order that they are subject to removal under the Act," justices wrote in the majority. "The notice must be afforded within a reasonable time and in such a manner as will allow them to actually seek habeas relief in the proper venue before such removal occurs."

 
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mandrill

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Can we say that's another win for Trumputin? @squeezer
No Richie. Read my post above. Trump got his balls kicked in. The only "win" was that USSC said the application for habeas should be filed in Texas, not DC.

That's like a Brampton judge telling a divorce applicant "Re file your application in Toronto because you live in Toronto, not Peel."
 
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mandrill

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It will be interesting to see what they will do now that they've been slapped by their buds in the Supreme Court.

Will he attack the judges or will they sheepishly bring the fella back?.

Too bad we don't have Mitchy here to show us all the attacks coming against the court. LOL
Bukele is dropping by DC to party with the Dotard this weekend. I am predicting that Bukele brings Garcia back.

Trump is full of fight until someone stands up to him. And then he whimpers and grovels like a cuckold and does what he's told.
 

squeezer

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Bukele is dropping by DC to party with the Dotard this weekend. I am predicting that Bukele brings Garcia back.

Trump is full of fight until someone stands up to him. And then he whimpers and grovels like a cuckold and does what he's told.
How many ladies of the night do you think Trumputin will have lined up for Bukele?
 

Valcazar

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The USSC unanimously emphasized that the admin had to give a reasonable opportunity for habeas corpus applications in all cases and then TEMPORARILY let Trump's actions stand pending a full hearing and final adjudication of the case.
The support for some sort of due process being unanimous was definitely better than some of us worried about, but the "you can only challenge via habeas" is bad.

It said that the appropriate district for habeas was the district where the prison was located.
Also bad, since giving the administration license to judge shop as long as it can kidnap someone fast enough isn't good.

I'm not seeing any of that as any sort of a "win" for Trump, given that his admin said no one was entitled to a habeas application.
It's a not a completely pro-dictator ruling, but still gives Trump and co a lot to work with, as we are seeing.
 

Valcazar

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It will be interesting to see what they will do now that they've been slapped by their buds in the Supreme Court.
Exploit the loophole, of course.

 

mandrill

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The support for some sort of due process being unanimous was definitely better than some of us worried about, but the "you can only challenge via habeas" is bad.
Since habeas is a constitutionally protected common law right, it cannot be legislatively cancelled. So I like the ruling
Also bad, since giving the administration license to judge shop as long as it can kidnap someone fast enough isn't good.
But... there are presumably only so many detention centres and they are in specific situations. And a bad ruling by a right wing judge can be appealed and the appeal court can grant a temporary stay.

It's not a bad ruling. They're going to have to radically increase their presents and vacations for Thomas. He's clearly getting grumpy
 
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mandrill

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Exploit the loophole, of course.

We'll see where that leads them. 😹

The growing problem - possibly lost in the endless other fuck-ups of the Trump admin - is that the longer this goes on, the more attention it is going to generate.

And it will then end in 1 of 3 ways - all bad for the govt. :

1. Garcia returns triumphantly and is paraded around and interviewed and talks about his poor family and how he saw fellow inmates beaten to death in El S, etc. For months.

2. Garcia is "lost" and the USSC gets very, very angry.

3. Garcia is dead and becomes a martyr.
 
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mandrill

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1744467460494.png

This is where it currently stands.

Judge ordered the DoJ to report on Garcia and when he's due back in the US at 9:30 today.

At 9:15, DoJ refuses to do it and asks for more time
 
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