Asked if the Trump admin will comply with Judge Farbiarz’s order to release Mahmoud Khalil, a DHS spokeswoman says, “An immigration judge, not a district judge, has the authority to decide if Mr. Khalil should be released or detained.”
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There are lots of administrative judges throughout the federal govt (and in state govts). They are legitimate exactly because they are subject to review by Art. III judges, as here. Which is why DHS spokesidiot has it backwards.
They aren't judges. They're administrative hearing officers. That's why Trump's goons want the immigration court alone to rule - because Trump is their boss.
Yes, very much so. They are not part of the judicial branch, they are employees of the DOJ. Most decisions by an immigration judge can be appealed to the Bureau of Immigration Appeals. Most BIA decisions can then be appealed to an Article III district judge.
They consistently try to pretend that the US Constitution somehow allows people to vote for fascism. There's no such thing as a voter mandate for breaking the law.
Exact opposite here actually. Trump and his people whine and moan and then obey the ruling, just like they have many times they couldn't get a higher court stay (don't get me wrong, screw him and anyone who willingly associates with him, but he just ignores the courts is a trope that needs to die.)
I think they did ignore the SCOTUS ruling to facilitate the return of Abrego, at least until they could find something to charge him with and a prosecutor willing to sign off. But you’re right, they did bring him back. And they flounted Boasburg’s order about removals, w weak justification. But yeah
Crap somehow absentmindedly switched almost always obey to obey because I was specifically thinking the Abrego process was so egregious no serious person could argue they were trying to be in compliance. In general they take advantage of an insanely biased/weak SCOTUS so that whenever they get 1/
struck down they use another technically legal, but would never happen with a more non-biased SCOTUS, mechanism to try to get the same results. This sucks and is really bad faith but still technically complying kind of thing. I hate the trope because it ignores that SCOTUS is the cause, not Trump.
But yeah, they clearly are trying to pursue their goals, not lose face, and still stay barely compliant w courts. They’ll comply with an unambiguous order like this. And then they’ll double down on efforts to deport him, bc if they don’t, it will be harder to deport other similar perm residents.
New order — Farbiarz orders Khalil’s release for 6:30 pm CT. He must surrender his passport, and the gov has to give him a copy of it and his green card.
Despite their bluster, he's free. But the type of shit the admin keeps saying about judges not having authority is an attempt to keep softening the ground further and we must keep calling it out and saying "no" to them, as a society.
I’ve been waiting for this news!!! Was driving down to the beach & was in the abyss as far as the internet is concerned. This is WONDERFUL!!! Thank you Molly!
I'm sorry, what? Article 3 judges have no say, only executive branch employees can review XB actions?
So if they throw flash bangs through my window and haul me down to the federal detention centre wo ever citing a charge or giving me a court date, my habeas petition is reviewed by the FBI?
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At least he’s out.
That has been his M.O. for decades — abuse the latitude and goodwill of the courts to delay, defer and deny until it’s too late
The judges must recognize this and tighten up their courtesies to ensure justice
barely spitting distance from explicitly saying Trump was elected king
https://bsky.app/profile/innercitypress.bsky.social/post/3ls2tbpgzx22n
https://bsky.app/profile/jakelambright.bsky.social/post/3ls37ihwgma2d
So if they throw flash bangs through my window and haul me down to the federal detention centre wo ever citing a charge or giving me a court date, my habeas petition is reviewed by the FBI?
Bro, do you even law?
[Matthew Kacsmaryk has entered the chat]
MAGA: “District judges are AWESOME!"