This is authoritarian. The government should not be permitted to shuffle people around to evade a court’s jurisdiction. - ThreadSky

anthonymkreis.bsky.social • 14 hours ago

This is authoritarian. The government should not be permitted to shuffle people around to evade a court’s jurisdiction.

The government claims Mahmoud Khalil was already in NJ on his way to Louisiana by the time his habeas petition was filed—an argument that the NY federal court lacks jurisdiction.

But Khalil's lawyer checked the ICE locator when she filed and even 4 hrs after, and he was listed as still being in NY.

Comments

metaphysicalist.bsky.social•13 hours ago

Any lawyer who declared that he was already in La. should be sanctioned by the court. You should not be allowed to make false claims before a Federal Judge.

the-shadow-5.bsky.social•4 hours ago

We don't really have a Federal government anymore.
What we have is Trump Incorporated, which is based on the Mafia model.

n5iln.bsky.social•13 hours ago

Federal courts have national jurisdiction. If they didn’t, circuit courts couldn’t make rulings that affected everyone in the country. (Looking at you, Fifth Circuit.)

ronels.bsky.social•13 hours ago

Habeas corpus for immigration matters has other specific requirements, including that jurisdiction is "the location of confinement." However, in this case, manipulation of that location is a matter for judicial consideration--and for venue

katznjazz.bsky.social•13 hours ago

Oh my goddess. Are we sure he is even okay?

plannedtheride.bsky.social•13 hours ago

My question also. Can you imagine the terror his wife is feeling? I believe she's pregnant. The entire situation is unconscionable.

katznjazz.bsky.social•12 hours ago

I hope I am just overreacting, but I have a really bad feeling. We all know the history of fascist regimes.

plannedtheride.bsky.social•11 hours ago

You're not unless that means that I am, too💙
This shit is just getting started. Certainly not how I planned to live my final years.

katznjazz.bsky.social•8 hours ago

A big blue thank you! I'm not looking forward to all these battles as I enter retirement either, but we'll fight them!

kristianwong.bsky.social•4 hours ago

This screams Nalvany like vibes. VERY chilling

elikarush.bsky.social•11 hours ago

From Kennedy’s concurrence in Rumsfeld v. Padilla, “In addition, I would acknowledge an exception if there is an indication that the Government's purpose in removing a prisoner were to make it difficult for his lawyer to know where the habeas petition should be filed,“ (1/4)

elikarush.bsky.social•11 hours ago

“or where the Government was not forthcoming with respect to the identity of the custodian and the place of detention. In cases of that sort, habeas jurisdiction would be in the district court from whose territory the petitioner had been removed.” (2/4)

elikarush.bsky.social•11 hours ago

“In this case, if the Government had removed Padilla from the Southern District of New York but refused to tell his lawyer where he had been taken, the District Court would have had jurisdiction over the petition.” (3/4)

elikarush.bsky.social•11 hours ago

“Or, if the Government did inform the lawyer where a prisoner was being taken but kept moving him so a filing could not catch up to the prisoner, again, in my view, habeas jurisdiction would lie in the district or districts from which he had been removed.” (4/4)

stevese.bsky.social•13 hours ago

Courts need to start sanctioning the DOJ attorneys for their misrepresentations. The DOJ should also no longer receive the presumption of regularity in any Court preceding

jschrinerbriggs.bsky.social•13 hours ago

I also hope it takes more than an affidavit from an ICE agent to “prove” where Khalil was at time of filing.

grklawyer.bsky.social•4 hours ago

This is old school dirty cop shit, I bet you there were a dozen more civil rights violations, per trump’s order, during his transport.

beboxer.bsky.social•4 hours ago

The judge should simply order ICE to return him to New York to fix any jurisdiction issues. Simple. Problem solved.

gelbach.bsky.social•13 hours ago

Based on the declaration, perhaps the government should also not be trusted to tell the truth through its attorney-agents.

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