Judge Casper: "Isn't my focus on when the petition was filed?" DOJ's Sauter: Them not knowing where she was isn't the same as ICE not being forthcoming. - ThreadSky

chrisgeidner.bsky.social • 1 day ago

Judge Casper: "Isn't my focus on when the petition was filed?"

DOJ's Sauter: Them not knowing where she was isn't the same as ICE not being forthcoming.

Comments

lilyscott.bsky.social•1 day ago

I don't believe there's no beds in New England that they have to go to Louisiana. Fucking liars

lilyscott.bsky.social•1 day ago

They want Republican Courts. Not real hearings and justice.

ewigeliberal.bsky.social•1 day ago

"Republican courts" [...]

ipso facto then, as true motive for the transfer to LA (5th circuit).

pottymouthpup.bsky.social•1 day ago

wasn't it their job to know where she was?

notthatjc.bsky.social•1 day ago

DOJ really needs to get lit up for this. This was dirty from the get go.

tierneyrex.bsky.social•1 day ago

How could the government possibly be expected to know where a person is when they disappear them? /s

bevatrondrummer.bsky.social•1 day ago

Is Sauter saying he subscribes to "alternate facts"?

childlessdiglady.bsky.social•1 day ago

So he admits they're shitbags. Great.

ajlphd.bsky.social•1 day ago

They are so disingenuous.

jane-pellicciotto.bsky.social•1 day ago

Thanks for your write-up. I think a lot of have been curious to see how this all plays out.

kc-momkin.bsky.social•1 day ago

As irresponsible and slimy as these arguments are, is there a real jurisdictional issue at play?

cinematika.bsky.social•1 day ago

I think if the facts are as DOJ presents them, there's a jurisdictional issue if you squint, but it seems like it should be resolved in favor of Mass/Vermont no matter how you slice it.

chrisgeidner.bsky.social•1 day ago

"No detention space in Massachusetts for female detainees" continues to be DOJ's argument.

Casper: What if she's being moved in a manner to make it difficult to know where to file?

Sauter: The transfers here were made to get her to Louisiana, at which point she could have a habeas petition filed.

mikemusson.bsky.social•1 day ago

So how many women can Mass hold? How many women dos they have? How many others were relocated immediately? If others were, then why wasn’t there space? Etc.

sausalitocheese.bsky.social•1 day ago

Wasn't the order that she couldn't be moved from Massachusetts? If they didn't have detention space, pretty sure hotel rooms were for rent

frh.bsky.social•1 day ago

There are airports - major and private both - in Massachusetts. More than in Vermont.

skiskamp.bsky.social•1 day ago

As a non-lawyer, it absolutely boggles my mind that a Habeas Petition isn't automatically in the jurisdiction of where the person was kidnapped.

The law sets up exactly for this kind of f**kery!

radgen.bsky.social•1 day ago

Not to put thoughts in the Judges head, but he has to be thinking WHY did have to be Louisiana. I doubt it was the only or even closest place to detain a female.

kc-momkin.bsky.social•1 day ago

At the time the constitution was written, the government didn't have airplanes or cars to whisk people away to play evil, manipulative games with jurisdiction and the right to a hearing.

imaginehimhappy.bsky.social•1 day ago

Laying bare the idea that no court outside Lousiana will ever hear these cases. Why did the US even bother establishing more than one immigration courthouse if judges don't stop this bad-faith practice?

chrisgeidner.bsky.social•1 day ago

DOJ's argument is that this is a regular practice, noting that the gov't transferred another woman — the scientist detained at Logan — in a similar fashion, from Vermont to Louisiana.

Casper says she questions whether "recent is regular."

themadstatist.bsky.social•1 day ago

It also seems like a pretty big lie that doesn't just apply to female "detainees", considering what they've also done to male "detainees" too. So, they would apparently have everyone believe that there are no bed spaces at all in New England or the East Coast for immigration detainees.

atlemar.bsky.social•1 day ago

Also they could have just told her to leave, but they had to be assholes instead.

themadstatist.bsky.social•1 day ago

Yep. The cruelty is the point. I'd also be interested to know if the facility in Louisiana is a private prison. If so, it's also about making someone money (afaik private prisons usually have conditions in their contracts when it comes to bed space being occupied at certain levels. And the govt has

rackletang.bsky.social•1 day ago

Yep, it's private. It's run by GEO Group

themadstatist.bsky.social•1 day ago

To pay extra when those levels aren't maintained.) might not be the case here but that's certainly a problem elsewhere in the country.

chrisgeidner.bsky.social•1 day ago

There is a debate over the amended petition, which DOJ argues means it should go to Louisiana, but Casper questions that — noting that the norm is for an amended petition to refer back to the original petition.

Lafaille is now up for rebuttal: Nothing about amendment changes their jurisdiction.

chrisgeidner.bsky.social•1 day ago

"I also want to talk about this 'prior plan' thing," Lafaille says, noting the government declaration is from someone who claims no personal knowledge and that the petitioner has a declaration noting that there is bed space in New England.

cynbelterreus.bsky.social•1 day ago

Almost like Louisiana was for forum shopping or something

billstewart.bsky.social•1 day ago

It's not JUST forum shopping - it's also far away from the victim's family, lawyers if they've got any, papers they didn't have on them when seized, and if you make it hard to find where they are it's hard for anyone to help them.

chrisgeidner.bsky.social•1 day ago

Lafaille: "The court doesn't have to ignore the context in which this was happening," with other arrests/detentions relating to pro-Palestinian protests.

chrisgeidner.bsky.social•1 day ago

If there was a prior plan, she adds, it's all the more concerning there was no information shared when counsel was making affirmative attempts to reach their client.

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