#habeas — Public Fediverse posts
Live and recent posts from across the Fediverse tagged #habeas, aggregated by home.social.
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#Drumpf #DOJ suing all 15 judges on the #Maryland #federal court bench over imposition of mandatory 2 day delay policy in any #Habeas cases, a recent policy change that allows attorneys on either side time to properly prepare for #deportation hearings.
The #PamBondi run #Justice department is opposed to regional circuit court's order requiring clerks to place temporary administrative #injunctions in any case brought by an alleged "illegal immigrant" challenging a detention.
Bondi's legal attack squad particularly angered by courts move to impose a delay, "Congress has stripped federal courts of #jurisdiction to hear “any cause or claim by or on behalf of any alien arising from the decision or action by the #AttorneyGeneral to commence proceedings, adjudicate cases, or execute removal orders against any alien,” the DOJ said citing the #Immigration and Nationality Act.
https://storage.courtlistener.com/recap/gov.uscourts.mdd.584990/gov.uscourts.mdd.584990.1.0.pdf
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The DCT simply seems to confuse (repeatedly) the idea that
1) detainees must seek discharges through #habeas with
2) the only habeas relief is discharge.
There’s another practical problem. Even though the #Trump admin has lost class certification issues everywhere else, it only takes one.
If the refusal to certify the class in NDTX sticks, then - dollars to donuts - the admin is going to funnel all of the #AEA detainees there, & it will subsequently remove them to #CECOT.
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In JGG v. Trump–the case in which #SCOTUS sent the #AEA litigation out of the DC District–SCOTUS specifically said that #habeas could be used to review &, if necessary, preclude AEA removal. It’s not limited to discharge.
In fact, JGG seemed to indicate the case had to be treated as habeas litigation BECAUSE it sought “injunctive & declaratory relief against the implementation of, & [detainee] removal under, the Proclamation.”
#Trump #AlienEnemiesAct #immigration #law #judiciary #DueProcess
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The DCT seems to suggest that it’s denying class certifications to protect the interests of the #AEA detainees. But there is just no threat of preclusion that the DCT needs to PROTECT AGAINST.
Third, the court expressed doubt about whether there can be injunctions & declaratory relief in cases with #habeas claims. Instead, the DCT seems to believe, habeas relief is for discharge only. Again, I’m confused.
#Trump #AlienEnemiesAct #immigration #law #judiciary #DueProcess
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The idea still seems to be that these people would file #habeas petitions in this window pro se.
The #AEA proclamation was issued 2 months ago, & NOT A SINGLE AEA detainee has been able to file a habeas petition on their own.
NOT ONE.The idea that courts can meaningfully disrupt unlawful removal through individualized notice & initiative – & without access to class counsel – is absurd on its face.
#Trump #AlienEnemiesAct #immigration #law #judiciary #DueProcess
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Via Lee Kovarsky
NEW #AlienEnemiesAct problem (Denial of #Habeas class treatment)
Remember when #SCOTUS issued a 1AM order “not to remove any member of the putative class of detainees…until further order of this Court?”
These were noncitizens housed in Texas & subject to removal under the #AEA.
The district court in that case (WMM) just became the first (out of 6) to deny class certification–in an order issued while the case was otherwise pending before SCOTUS.
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If White House Deputy Chief of Staff #Stephen #Miller is to be believed,
Team Trump is poised to drive another stake through the heart of the Constitution.On May 9, Miller told reporters that the administration is considering whether to suspend the right to #habeas #corpus – known as “The Great Writ” – in immigration cases.
Suspending habeas corpus,
which allows individuals to challenge the legality of their detention in court,
would be unconstitutional.The #Suspension #Clause, located in Article I, Section 9, Clause 2 of the Constitution, says:
“The Privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it.”In light of the several recent losses the administration has suffered in immigration cases, Miller said it is now pondering the suspension of habeas corpus.
He declared:
"Well, the Constitution is clear. And that, of course, is the supreme law of the land, that the privilege of the writ of habeas corpus can be suspended in a time of invasion. So … that’s an option we’re actively looking at. Look, a lot of it depends on whether the courts do the right thing or not. At the end of the day, Congress passed a body of law known as the Immigration Nationality Act which stripped Article III courts, that’s the judicial branch, of jurisdiction over immigration cases. So Congress actually passed what’s called jurisdiction stripping legislation. It passed a number of laws that say that the Article III courts aren’t even allowed to be involved in immigration cases."As Georgetown law professor Steve Vladeck points out,
“To casually suggest that habeas might be suspended
💥because courts have ruled against the executive branch in a handful of immigration cases
💥is to turn the Suspension Clause entirely on its head.” -
Flim Flam orange man:
"Who needs habeas corpus?"
Constitution: "You"#Haiku #OneHaikuADay #WritersCollective #writingcommunity #BackToHaiku #Habeas #HabeasCorpus #Now #Resign #POTUS #BADPOTUS #POSPOTUS #Constitution #USA #Rights
May 10, 2025
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La #Maison-Blanche menace de «suspendre» l’ #habeas #corpus : Ce principe fondamental du droit #anglo-saxon permet de contester devant un juge son arrestation ou sa détention
https://www.lefigaro.fr/flash-actu/la-maison-blanche-menace-de-suspendre-l-habeas-corpus-20250510
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#RumeysaOzturk’s hearing is coming to a close. Importantly, just now the judge stated that the court finds #Ozturk meets all 3 requirements for granting #bail.
1) Substantial claims, (2) extraordinary
circumstances, (3) necessary to make #habeas effective
#immigration #law #Trump #StudentVisas #Universities #FirstAmendment #FreeSpeech #FreePress -
After #SCOTUS’ ruling, the original 5 plaintiffs in the ACLU & Democracy Forward case against the #AlienEnemiesAct split up.
Now 2 class action #habeas suits have been filed, one in New York with 2 plaintiffs & one in Texas with the other three.
#law #immigration #ExtraordinaryRendition #StateSponsoredAbduction #Constitution #CivilRights #HumanRights #DueProcess #DualState #14thAmendment #5thAmendment #AbuseOfPower #Trump
https://www.bloomberg.com/news/articles/2025-04-08/trump-faces-new-deportation-challenge-after-supreme-court-order -
#SupremeCourt Allows #Trump to Use 1798 Wartime Law to #Deport People
The nation's highest court backed Trump's use of the #AlienEnemiesAct to speed up #deportations
by Charisma Madarang, April 8, 2025
"The Supreme Court handed President Donald Trump a massive win on Monday, voting 5-4 to allow his administration to continue rapidly deporting alleged gang members using the Alien Enemies Act.
The law, passed in 1798, gives presidents the authority to remove foreign nationals over the age of 14 from countries where the United States is either engaged in a declared war or subject to “invasion or predatory incursion” by their country of origin. The act has been invoked three times in U.S. history, each time during wartime, and is meant to counter the actions of foreign governments and regimes, not alleged criminals, gangs, or non-state actors. The law was also used to justify Japanese internment during WWII, and now, the Trump administration is using it to justify its deportations.
In an unsigned opinion, the Supreme Court tossed a district court decision that had temporarily blocked President Trump’s attempt to continue using the 227-year-old law after he sent almost 300 Venezuelan migrants to a notorious prison in #ElSalvador, known for human rights abuses."All nine justices agreed, however, that anyone the administration is seeking to deport under the Alien Enemies Act must receive notice of deportation and be given the opportunity to challenge the removal through '#habeas petitions' — meaning that migrants have the right to have their detention or deportation reviewed by the federal court, but only for themselves and in the area where they are being detained.
"The court’s three liberal justices dissented from the ruling, while Justice #AmyConeyBarrett, who was appointed by Trump, partially dissented. Barrett joined Justice #SoniaSotomayor’s dissent calling the majority’s legal conclusion 'suspect' and questioning if habeas claims should be the only way to contest deportations under the act.
"'The Court’s legal conclusion is suspect,' wrote #Sotomayor. 'The Court intervenes anyway, granting the Government extraordinary relief and vacating the District Court’s order on that basis alone.'"
Archived version:
https://archive.ph/BJSoh
#ICEDetention #IllegalDeportations #SecretPolice #HumanRightsViolations #ConstitutionalRights #HumanRights #SCOTUSIsCompromised #SCOTUSIsCorrupt #USPol #ForcedDisappearances #MemoryHoled #1798AlienEnemiesAct -
🚨🚨 This afternoon, the #ACLU filed a new #ClassAction #habeas lawsuit in NY challenging the #AlienEnemiesAct *#deportations*.
They are seeking a #TRO similar to what Judge Boasberg ordered.
#immigration #law #ExtraordinaryRendition #StateSponsoredAbduction #AlienEnemiesAct #Constitution #14thAmendment #5thAmendment #DueProcess #CivilRights #HumanRights #AbuseOfPower #Trump
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#Freiheit der #Person
Art. 2 Abs. 2 S. 2 GG
Art. 104 GG#Persönlicher #Schutzbereich
#Jedermann: #Natürliche #Personen
Nicht #juristische #Personen#Sachlicher #Schutzbereich:
-> #Körperliche #Fortbewegungsfreiheit;
#eng zu #verstehen, kein #allgemeiner #Freiheitsbegriff;
#Tradition von #habeas #corpus: #Begrenzung der #Möglichkeit von #Freiheitsbeschränkung durch #Verfahren#Recht sich in einem #Raum #aufzuhalten oder sich in einen zu #begeben
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Die #Rechtsfähigkeit beginnt mit der #Vollendung der #Geburt § 1 #BGB;
#Rechtsfähigkeit dadurch #gebunden an die #Beobachtung eines #Moment der #Unterscheidung zweier #Körper. In der #Intersubjektivität dieser #Beobachtbarkeit #versteckt sich ein #transzendentaler #Vermeidungsirrtum; #empirisch // #transzendental
#Rechtsfigur der #Rechtsfähigkeit synchron zu #Habeas #Corpus 1679.
Giorgio #Agamben: #Homo #Sacer, Die #souveräne #Macht und das #nackte #Leben, S.131f.