NEWS A federal judge GRANTS a TRO blocking the Trump admin from deporting Venezuelan immigrants jailed in SDNY without notice or hearing. Not nationwide. No finding on AEA proclamation. - ThreadSky

klasfeldreports.com • 36 days ago

NEWS

A federal judge GRANTS a TRO blocking the Trump admin from deporting Venezuelan immigrants jailed in SDNY without notice or hearing.

Not nationwide. No finding on AEA proclamation.

Comments

medic1983.bsky.social•36 days ago

What's going on with the Texas judge?

davidsongc.bsky.social•36 days ago

At least there’s one judge that understands the rule of law.

muellershewrote.com•36 days ago

Why not nationwide? I was worried that SCOTUS saying individuals would need to bring habeas claims made it seem like there couldn’t be class actions. Hence the dissent.

henrytdunbar.bsky.social•36 days ago

All SCOTUS decisions must now fit through the eye of a needle.

brike.bsky.social•36 days ago

SCOTUS said a federal district court has habeas jurisdiction over a custodian (jailer) only if that custodian is within the court’s territory, no? So how could SDNY issue a habeas order (whether class or individual) to a custodian outside that district?

muellershewrote.com•36 days ago

That’s what I’m asking. I’d like to know what the judge said when he refused to grant the nationwide class.

brike.bsky.social•36 days ago

judge hellerstein’s 2 orders (granting class and tro) are now up on the docket. screenshot is from pacermonitor. i’ll be interested to read the docs themselves when someone posts from pacer.

welshrarebit.bsky.social•36 days ago

This is why Catch 22 is such an important novel.

klasfeldreports.com•36 days ago

Judge Hellerstein found that habeas class action relief was limited to the custodian, which is, in his view, SDNY.

He took a limited approach throughout the hearing.

muellershewrote.com•36 days ago

Thank you!!

squirrels1963.bsky.social•36 days ago

So transfer them all to that jurisdiction🤷🏼‍♀️

zbo1.bsky.social•36 days ago

This is shaping up to be a slave state v free state situation

Racial, religious and gender/ sexual minorities should re locate to #bluestates pronto

lizzy-nyc.bsky.social•36 days ago

SDNY is Manhattan, the Bronx, Westchester, Rockland . . . ICE is just going to pick a person up of the street in Manhattan and without leaving NYC, drive over a bridge into Brooklyn (EDNY) to get around this.

epremo.bsky.social•36 days ago

In addition there are many who received a legal status due to work needs, asylum or school and those is being revoked.
https://www.cbsnews.com/news/u-s-to-revoke-legal-status-of-over-a-half-million-migrants-chnv/

bbix.bsky.social•36 days ago

Temporary Restraining Order

bsarrr.bsky.social•36 days ago

DJT is a weirdo and a wanabe dictator! https://dictatorsayswhat.com/

bsarrr.bsky.social•36 days ago

DJT is a weirdo and a wanabe dictator! https://dictatorsayswhat.com/

axidentaliberal.bsky.social•36 days ago

Was it based on a habeas petition

janjohnson.bsky.social•36 days ago

Yes. ACLU filed habeas petition in NY yesterday, in TX today. 2 of the original plaintiffs had been moved from TX to NY by the the government.

pro-democracy.bsky.social•36 days ago

How long before SCOTUS scraps the TRO?

dawgfanatic.bsky.social•36 days ago

Let’s be clear. These a not deportations. A deportation occurs when people are Sent back to their own country. These Venezuelans are being sent to a prison. They are being deprived of liberty (and possibly life).

lulubadger.bsky.social•36 days ago

* Sent to a concentration camp in a different country.

Nazis used trains, ICE uses planes.

tyoder.bsky.social•36 days ago

kidnapping, trafficking, & slavery.

janjohnson.bsky.social•36 days ago

Extraordinary rendition. We're back to the Bush administration and black sites. 🤬

coffeemetalcode.com•36 days ago

@dawgfanatic.bsky.social – deportations involve an immigration judge, yes? Is the term for this current paradigm not "extraordinary rendition?"

Would love for some law peeps to add content and clarity here.

dawgfanatic.bsky.social•36 days ago

Yes. And it’s a civil action to send the illegal immigrant back to their country of origin. Incarceration is a criminal process and everyone is entitled to due process

kkeepgoing.bsky.social•36 days ago

If the SC ruled that those detained can’t be deported without notice & hearing, why couldn’t the judge’s TRO be nationwide? I get that each person must petition in the jurisdiction in which they’re held, but isn’t the TRO more about stopping any deportations?

dirtfarmer02.bsky.social•36 days ago

Every state needs to do this. Immediately.

dschleifer.bsky.social•36 days ago

So the judge declined to certify the class? Assuming so, why?

klasfeldreports.com•36 days ago

How many people does this temporary restraining order reach?

Deputy Assistant Attorney General Drew Ensign said "a handful" and then "Probably less than 10."

Judge Hellerstein noted a lot of people visit NY and so it's likely to be a lot more.

klasfeldreports.com•36 days ago

Notable: Ensign is the same high-ranking DOJ attorney who argued the case before Boasberg.

Hellerstein greeted him by saying, "Welcome to New York" — intended or not, a tacit indication of how unusual such a visit is from a DAAG.

guinz.bsky.social•36 days ago

A further tacit indication, intended or not, that New York is where immigrants are historically embraced, not deported.

klasfeldreports.com•36 days ago

Judge Hellerstein did not rule on the validity of Trump's invocation of a wartime statute used three times in U.S. history: the Alien Enemies Act.

The AEA requires a "declared war" between US and "any foreign nation or government, or any invasion or predatory incursion."

asintv.bsky.social•26 days ago

I read that the intelligence community nearly unanimously concluded early March that Venezuela did not and is not connected to ms15 or other street gangs in US. This is the justification for the renditions to El Salvador. How soon until Tuksi fires all of them?

junesari.bsky.social•36 days ago

Russia acknowledged war with us through cyberattacks years ago. We’re at war. Now that China has joined Russia’s side in the Ukraine war we now have two declared enemies. Alien Enemies abound in this regime.

rosnick.bsky.social•36 days ago

Does it prevent the admin from simply moving them out of SDNY? If not, then it matters not at all, really

kay4bluetexas.bsky.social•36 days ago

If enough states - preferably all (one can dream) - follow suit they're not going to have much luck successfully deporting them en masse.

rosnick.bsky.social•36 days ago

Who knows? Maybe we'll get there faster than I imagined?

kay4bluetexas.bsky.social•36 days ago

Of course, all the DOJ will have to do is appeal to the Fifth circuit court to practically guarantee any ruling that restricts their ability to ship people off to torture prisons gets overturned. But maybe they will surprise me at that court as well.

kay4bluetexas.bsky.social•36 days ago

If I'm reading this correctly, the class of persons is those of Venezuelan citizenship. So all others are still game. And the TRO is to allow them time to make a case. It's still great progress though.

kay4bluetexas.bsky.social•36 days ago

Amazing!!!

rosnick.bsky.social•36 days ago

Sure but... is that gonna happen in Louisiana, where they keep moving folks?

kay4bluetexas.bsky.social•36 days ago

If people get pissed off enough. I only see that happening when they start coming for the white folk though. It will happen.

rosnick.bsky.social•36 days ago

That's then and this is now. I'd like to see the TRO though. I have to imagine the judge isn't permitting movement either but out would be nice to know for certain

kay4bluetexas.bsky.social•36 days ago

This is the only immigration case I saw in Just Security's travcker but there's no update from today so you'd need to visit pacer for it https://www.courtlistener.com/docket/69638232/unknown-case-title/

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