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#alienenemiesact

41 posts14 participants5 posts today
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Public
Nonilex

#Trump admin: “But there is no jurisdiction in habeas. Plaintiffs admit—as they must—that the United States does not have custody over Abrego Garcia.”

They are arguing they don’t have jdx because he’s in El Salvador. He’s in El Salvador because they *mistakenly* sent him there. And the US govt is PAYING #ElSalvador to hold him in the detention center there.

This makes absolutely no sense.

But there is no jurisdiction in habeas. Plaintiffs admit—as they must—that the United States does not have custody over Abrego Garcia. They acknowledge that there may be “difficult questions of redressability” in this case, reflecting their recognition that Defendants do not have “the power to produce” Abrego Garcia from CECOT in El Salvador. Mem. Supp. TRO Mot. 2. But even more, they concede that Abrego Garcia is not in Defendants’ custody. Id. (asking the Court to order Defendants to “request that the government of El Salvador return Plaintiff to Defendants’ custody”). Despite their allegations of continued payment for Abrego Garcia’s detention, Plaintiffs do not argue that the United States can exercise its will over a foreign sovereign. The most they ask for is a court order that the United States entreat—or even cajole—a close ally in its fight against transnational cartels. This is not “custody” to which the great writ may run. This Court therefore lacks jurisdiction.
#law#AlienEnemiesAct#USpol
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Nonilex

The #immigration judge had declared that Abrego Garcia was "more likely than not" to face persecution in #ElSalvador & the #Trump admin sent him there.

They even admit they knew, “although ICE was aware of his protection from removal to El Salvador, Abrego Garcia was removed to El Salvador because of an administrative error” & STILL they will not do anything to bring him back.

courtlistener.com/docket/69777

Plaintiffs allege that, on March 12, 2025, Abrego Garcia was stopped by ICE officers, who informed him that his immigration status had changed. Id. ¶¶ 48–50; see also Cerna Decl., infra Ex. C, ¶ 11. After being detained, he was questioned about gang affiliations and transferred ultimately to a detention center in Texas. Compl. ¶¶ 53, 56; Cerna Decl. ¶¶ 2, 11. Plaintiffs allege Abrego Garcia was told he would be removed to El Salvador and detained at the CECOT prison there. Compl. ¶¶ 56–57 & n.1. On March 15, although ICE was aware of his protection from removal to El Salvador, Abrego Garcia was removed to El Salvador because of an administrative error. Cerna Decl. ¶¶ 12–15. On March 16, a news article contained a photograph of individuals entering intake at CECOT. Id. ¶ 59. Abrego Garcia’s wife identified one of the detainees depicted as her husband based on his tattoos and head scars. Id.
#law#AlienEnemiesAct#Constitution
Public
Nonilex

#GiftArticle

The #Trump admin acknowledges that it grabbed a Maryland father with withholding of removal protected legal status & mistakenly deported him to #ElSalvador on March 15.

The US govt told a court on Monday it won't bring Kilmar Abrego Garcia back.

"What.The.Fuck..." one govt attorney told Nick Miroff.

#immigration #law #CivilRights #HumanRights #AlienEnemiesAct #TheCrueltyIsThePoint #kakistocracy
theatlantic.com/politics/archi

The Atlantic · An ‘Administrative Error’ Sends a Maryland Father to a Salvadoran PrisonBy Nick Miroff
Public
Nonilex

WH Press Sec Karoline Leavitt tells Andrew Feinberg of TheIndependent, “Shame on you" after he asked her about #ICE's "#AlienEnemiesAct Validation Guide” which the #Trump admin FILED IN COURT that states for ICE to label a person a member of #TdA, they must:

1) determine they are a #Venezuelan & over 14, &

2) find 8 points on a scoring guide they made:

4 points for having alleged *gang* tattoos +
4 points for displaying gang "logos" or
"symbols"

That’s it.

#law#immigration#DueProcess
Public
Nonilex

The #legal #rights people have if #ICE stops them

A sense of anxiety is gripping noncitizen residents of the #UnitedStates.

The 2nd #Trump admin kicked off w/a shock-&-awe effort aimed at arresting & deporting many immigrants without legal status. But stories are now emerging of both longtime legal permanent residents & visa holders being detained by ICE & other #immigration *officers*.

#law #Constitution #AlienEnemiesAct #DueProcess #Rendition #Abduction #CivilRights
npr.org/2025/03/28/nx-s1-53424

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Nonilex

In case you didn’t get to see the op-ed #RumeysaOzturk co-authored w/ 3 others in 2024 here’s the link.

tuftsdaily.com/article/2024/03

You don’t even have to read it just search it for the word “Hamas” — no results.

The Tufts DailyOp-ed: Try again, President Kumar: Renewing calls for Tufts to adopt March 4 TCU Senate resolutionsThe independent student newspaper of Tufts University
#law#immigration#AlienEnemiesAct
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Nonilex

Judge Brinkema, an appointee of President Bill Clinton, found the evidence in the case sorely lacking, acc/to a lawyer for the couple, Simon Sandoval-Moshenberg. “She said if [ofcls] had come to her chambers seeking an arrest warrant she would have thrown them out,” he said. The judge ordered the couple immediately released so they could walk out of the courtroom, attys said.

#immigration#law#CivilRights
Public
Nonilex

A federal judge has ordered the immediate release of a Washington-area #Venezuelan couple who contend they’ve been unfairly swept up in #Trump’s crackdown on Venezuela-based gang #TdA.

Luddis Sanchez Garcia, 33, & Julio Sanchez Puentes, 27, walked out of the federal courthouse in Alexandria, Virginia, Friday morning surrounded by supporters after US District Judge Leonie Brinkema declared there was no legal basis for their #detention.

#law #AlienEnemiesAct #immigration
politico.com/news/2025/03/28/v

Public
Flipboard Culture Desk

More than 10,000 Japanese Americans were incarcerated at Manzanar Relocation Center, Calif., during World War II. Playing and watching baseball was one of the ways these Americans tried to retain some sense of normalcy. Dan Kwong is a longtime volunteer at Manzanar, which became a national historic site in 1992 — his late mother, Momo Nagano, was incarcerated there as a teenager. Here's the story of how he built a baseball field at the site in honor of Momo, who wrote extensively about her time at the camp in order that future generations would never forget this piece of history.

Link: flip.it/obdTz7

#History #USHistory #InternmentCamps #AlienEnemiesAct @histodons #Baseball #Manzanar #JapaneseAmericans

Image of a baseball field in the middle of the Sierra Nevada region of California, with mountains looming in the background.
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Nonilex

Ya see now, in order for this BS to be true, the individuals would have needed to go through #DueProcess for the ofcls to make the determination:

“That order is forcing the United States to harbor individuals whom national-security officials have identified as members of a foreign terrorist organization bent upon grievously harming Americans.“

That order is forcing the United States to harbor individuals whom national-security officials have identified as members of a foreign terrorist organization bent upon grievously harming Americans. Those orders-which are likely to extend additional weeks-now jeopardize sensitive diplomatic negotiations and delicate national-security operations, which were designed to extirpate TdA's presence in our country before it gains a greater foothold.”
#law#Constitution#CivilRights
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Nonilex

The #DOJ in a filing asked #SCOTUS to lift DC-based US District Judge James #Boasberg's March 15 order calling for a temporary halt of the summary removals of the #Venezuelans while a legal challenge to #Trump’s invocation of the #AlienEnemiesAct to justify the #deportations plays out. The 18th century #law historically has been used only in wartime [& expressly states the #US must be at #war w/a foreign #nation for its use].

#immigration #DueProcess #CivilRights
documentcloud.org/documents/25

www.documentcloud.org24A931
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