#habeas — Public Fediverse posts
Live and recent posts from across the Fediverse tagged #habeas, aggregated by home.social.
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creates semantic nodes and clusters #HABEAS #CORPUS 1928 #FILM www.perplexity.ai/search/new?q... Do you like aéPiot semantics? Donate to the aéPiot semantic platform: www.paypal.com/donate?busin...
Perplexity -
creates semantic nodes and clusters #HABEAS #CORPUS 1928 #FILM www.perplexity.ai/search/new?q... Do you like aéPiot semantics? Donate to the aéPiot semantic platform: www.paypal.com/donate?busin...
Perplexity -
Courts Have Ruled That ICE Illegally Jailed People More Than 4,400 Times in Less Than Five Months
Judges across the country have ruled more than 4,400 times since the start of October that US Immigration…
#NewsBeep #News #US #USA #UnitedStates #UnitedStatesOfAmerica #America #civilrights #habeas-corpus #Immigration #judges #KristiNoem #TrumpAdministration #UnitedStatesofAmerica #USImmigrationandCustomsEnforcement
https://www.newsbeep.com/us/469913/ -
Some tips for #Charlotte based on the #Chicago area experience:
Create and circulate lists of local #immigration attorneys in the area who are taking on “detained cases” when people are arrested by presumed #ICE or #CPB. Also share legal aid fund info.
Make yard signs and flyers with “know your rights” and who to call in English and Spanish. Photo is of an Illinois organization flyer with that info.
Some attorneys were successful in filing #habeas petitions to prevent detainees from being moved.
#USlaw #lawfedi -
#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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This veteran probably voted for Trump, if I read his statements in the article correctly.
In that case, he got what he voted for.
Maybe not what he thought he voted for, but well .... should have informed himself.
Now his wife can be sent to Sudan or El Salvador or whatever country on earth, due to #Scotus removal of #habeas.https://apnews.com/article/ice-detains-marine-veteran-wife-clouatre-802305fe0a364ef86a7cb61805129ee1
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#SCOTUS makes clear AGAIN that the #Trump admin cannot just throw people onto planes with little to no notice. Those subject to the #AlienEnemiesAct MUST be given time to contact a lawyer, file a #habeas lawsuit, & pursue the case. IOW #DueProcess.
Anything less is illegal.
#law #immigration #ExtraordinaryRendition #StateSponsoredAbduction #Constitution #CivilRights #HumanRights #DueProcess #Judiciary #SeparationOfPowers #AbuseOfPower
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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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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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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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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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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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There’s nothing remotely novel about the
notion that #habeas claimants can get injunctive & declaratory remedies.28 USC 2243 empowers courts to use habeas remedies “as law & justice require,” which has historically been identified as the source of power to issue injunctions & declaratory relief in many different HABEAS case types.
#Trump #AlienEnemiesAct #immigration #law #judiciary #DueProcess
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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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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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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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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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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 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 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 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 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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2nd, the district court referenced some concern that classwide #habeas treatment might preclude subsequent litigation of individual issues. But that’s wrong too. Class treatment on the common issue only precludes ON THAT ISSUE.
Per the leading treatise on class actions, it is black-letter #law that “a judgment in a class action does not preclude later lawsuits by class members concerning individualized claims.” 6 Newberg & Rubenstein on Class Actions §18:17 (6th ed.)
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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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It’s also the first modern opinion suggesting that the #AllWritsAct ought not be used to facilitate representative litigation.
The DCT opinion denying WMM class certification is here: https://drive.google.com/file/d/1PxtMvxICwiycPCSUElX0Vozb_1YYba6E/view
The ACLU motion for reconsideration is here: https://drive.google.com/file/d/177zsV5Rmz3F4_vmlqdIoArBnx5TXYdIL/view
The Class Action & #Habeas Professors’ Brief (that Kovarsky co-authored) is here: https://drive.google.com/file/d/1xoRg5_AvwShPBjRHhtCvubU9SlZBwsGq/view
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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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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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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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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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Let’s be clear: the #Constitution’s #HabeasCorpus Suspension Clause [Article I, Section 9, Clause 2]:
1) Does NOT allow the President to UNILATERALLY suspend #habeas, especially when #Congress is in session;
2) The clause ONLY applies to cases of invasion or rebellion (this is quite clearly neither); &
3) Even then, it applies only "when the public safety may require it."
#Trump #StephenMiller #law #immigration #DueProcess #AmericanAutocracy #dictatorship #tyranny
https://www.law.cornell.edu/constitution-conan/article-1/section-9/clause-2/suspension-clause-and-writ-of-habeas-corpus -
#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 -
#DOJ: if going to be somewhere else in US, their #habeas has to be heard there. [But DOJ emphasizes that it's speculative what's going to happen to these criminal defendants down the road.]
#Boasberg now asking Gelernt, of ACLU, about irreparable harm.
Gelernt: the problem is, at 8pm tonight, they could move them from criminal custody to #ICE custody & they could be removed from country by 8am tomorrow morning.
#law #immigration #AlienEnemiesAct #Rendition #DueProcess #Judiciary #Trump
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#Boasberg: are there still 32 individuals in criminal custody with active detainers against them. [this refers to a proposed class relating to criminally confined aliens in the US.]
#DOJ: not sure.
Boasberg: let's assume for a minute that all these people will be removed after criminal proceedings run their course, & that those 32 could challenge their future rules for #habeas—then can we hear it?
#law #immigration #AlienEnemiesAct #Rendition #DueProcess #Judiciary #AbuseOfPower #Trump
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Gelernt: right now we don't know where they're going to be. but my co-counsel will address that.
#Boasberg: explain more detail
Ashley Gorski: challenging future confinement ... defendants here wil have future #legal custody over the custody class.
Judge: got to be #habeas you're bringing ...
Gorski: yes.
Judge: …why Washington DC
Gorski: what we have is like Braden. he was able to bring habeas in kentucky though he was detained in alabama.
#lawJ: but he was going to be detained in KY.
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In today’s ruling, the court found that the government’s “abnormal & rapid movement [of Dr. #BadarKhanSuri] across state lines” demanded an exception to the normal jurisdictional rules for the filing of #habeas petitions by a person in government custody in order not to reward the government’s attempt at forum shopping.
#Trump #immigration #law #Constitution #CivilRights #FreeSpeech
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In today’s ruling, the court found that the government’s “abnormal & rapid movement [of Dr. #BadarKhanSuri] across state lines” demanded an exception to the normal jurisdictional rules for the filing of #habeas petitions by a person in government custody in order not to reward the government’s attempt at forum shopping.
#Trump #immigration #law #Constitution #CivilRights #FreeSpeech
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In today’s ruling, the court found that the government’s “abnormal & rapid movement [of Dr. #BadarKhanSuri] across state lines” demanded an exception to the normal jurisdictional rules for the filing of #habeas petitions by a person in government custody in order not to reward the government’s attempt at forum shopping.
#Trump #immigration #law #Constitution #CivilRights #FreeSpeech
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In today’s ruling, the court found that the government’s “abnormal & rapid movement [of Dr. #BadarKhanSuri] across state lines” demanded an exception to the normal jurisdictional rules for the filing of #habeas petitions by a person in government custody in order not to reward the government’s attempt at forum shopping.
#Trump #immigration #law #Constitution #CivilRights #FreeSpeech
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In today’s ruling, the court found that the government’s “abnormal & rapid movement [of Dr. #BadarKhanSuri] across state lines” demanded an exception to the normal jurisdictional rules for the filing of #habeas petitions by a person in government custody in order not to reward the government’s attempt at forum shopping.
#Trump #immigration #law #Constitution #CivilRights #FreeSpeech
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In a major victory for Georgetown scholar Dr. #BadarKhanSuri & a huge blow to the #Trump admin, today a federal court ruled that Dr. Suri’s #habeas case alleging violations of his #ConstitutionalRights may remain in #Virginia.
#immigration #law #CivilRights #FreeSpeech
https://www.aclu.org/press-releases/federal-judge-rules-against-trump-administration-by-keeping-dr-khan-suris-habeas-case-in-virginia -
In a major victory for Georgetown scholar Dr. #BadarKhanSuri & a huge blow to the #Trump admin, today a federal court ruled that Dr. Suri’s #habeas case alleging violations of his #ConstitutionalRights may remain in #Virginia.
#immigration #law #CivilRights #FreeSpeech
https://www.aclu.org/press-releases/federal-judge-rules-against-trump-administration-by-keeping-dr-khan-suris-habeas-case-in-virginia -
In a major victory for Georgetown scholar Dr. #BadarKhanSuri & a huge blow to the #Trump admin, today a federal court ruled that Dr. Suri’s #habeas case alleging violations of his #ConstitutionalRights may remain in #Virginia.
#immigration #law #CivilRights #FreeSpeech
https://www.aclu.org/press-releases/federal-judge-rules-against-trump-administration-by-keeping-dr-khan-suris-habeas-case-in-virginia -
In a major victory for Georgetown scholar Dr. #BadarKhanSuri & a huge blow to the #Trump admin, today a federal court ruled that Dr. Suri’s #habeas case alleging violations of his #ConstitutionalRights may remain in #Virginia.
#immigration #law #CivilRights #FreeSpeech
https://www.aclu.org/press-releases/federal-judge-rules-against-trump-administration-by-keeping-dr-khan-suris-habeas-case-in-virginia -
In a major victory for Georgetown scholar Dr. #BadarKhanSuri & a huge blow to the #Trump admin, today a federal court ruled that Dr. Suri’s #habeas case alleging violations of his #ConstitutionalRights may remain in #Virginia.
#immigration #law #CivilRights #FreeSpeech
https://www.aclu.org/press-releases/federal-judge-rules-against-trump-administration-by-keeping-dr-khan-suris-habeas-case-in-virginia -
"You're acting as if these individuals - many of whom don't speak the language - would know there's something called #habeas relief," said Sweeney. "I'm looking at the notice now. It gives no indication of any right to seek any type of relief."