Nonilex6d ago

A federal appeals court on Tues said the #Trump admin did not have to comply for now with a judge’s order to give #DueProcess to scores of #Venezuelan #immigrants who were deported to #ElSalvador under a wartime #law, the #AlienEnemiesAct.

The ruling, by the US Court of Appeals for the DC Circuit, came one day before the admin was supposed to outline for a lower-court judge how to allow nearly 140 deported #Venezuelans to challenge their expulsion.

#immigration
https://www.nytimes.com/2025/06/10/us/politics/trump-venezuelans-deportations-el-salvador-boasberg.html?smid=nytcore-ios-share&referringSource=articleShare

Appeals Court Pauses Order to Give Deported Venezuelans Due Process

The court’s pause on a judge’s order came a day before the Trump administration was supposed to outline how to allow nearly 140 Venezuelans deported to El Salvador to challenge their expulsion.

The New York Times
Show threadNonilex6d ago

The proceeding, which has been unfolding in front of Judge James E. #Boasberg, the chief judge in Federal District Court in Washington, was one of the first #deportation cases to reach the courts & remains one of the hardest fought. Judge Boasberg tried to stop the deportation flights carrying the #Venezuelans shortly after they took off, but the admin went ahead anyway, prompting him to threaten #Trump ofcls with #contempt proceedings.

#law #immigration #AlienEnemiesAct #DueProcess #Judiciary

Show threadNonilex6d ago

Ever since the men landed in #ElSalvador, their lawyers have been seeking another order to bring them back to the #US. And last week, Judge #Boasberg gave them some of what they wanted, directing #Trump ofcls to give the men the #DueProcess they were denied, but leaving it up to the admin to offer an initial plan about how to carry out his instructions.

#law #immigration #AlienEnemiesAct #rendition #Judiciary

Show threadNonilex6d ago
Instead of doing so by their Wednesday deadline, lawyers for the #DOJ asked both the appeals court & Judge #Boasberg himself to put everything on hold as they challenged his underlying instructions. They claimed he lacked the jurisdiction to tell the US government what to do with men in the custody of a foreign nation, saying that his original order interfered “with the president’s removal of dangerous criminal aliens from the United States.”
#law #immigration #AlienEnemiesAct #DueProcess #Trump
Show threadNonilex6d ago

#SCOTUS has already weighed in on the case, ruling in early April that the #Venezuelans had to be afforded the opportunity to contest their #deportations, but only in the place where they were being held & only through a legal process known as a writ of #HabeasCorpus. A habeas writ allows defendants to emerge from custody & go to court to challenge their #detention.

But the Supreme Court’s decision raised a crucial question: Who, under the #law, has #custody over the Venezuelan men?

#Trump

Show threadNonilex6d ago

The lawyers for the #Venezuelans claimed that the #Trump admin had what is known as “constructive custody” over them because they were being held in #ElSalvador under an agreement between the White House & the Salvadoran president, Nayib #Bukele.

The #DOJ disagreed, arguing that the men were in the sole custody of El Salvador & were therefore beyond the reach of orders issued by American federal #judges.

#law #immigration #AlienEnemiesAct #rendition #DueProcess #Judiciary

Show threadNonilex6d ago

In his order last week, Judge #Boasberg sided with the #DOJ, saying that he could not fully refute the #Trump admin’s claims, even while expressing skepticism that the claims were true. Still, he used a different rationale to order the White House to figure out a way to give the #Venezuelans a way to seek relief, saying that the #Constitution demanded they be provided with some sort of #DueProcess.

#law #immigration #AlienEnemiesAct #rendition #CivilRights #HumanRights #Judiciary

Show threadNonilex

It was that rationale with which the #DOJ took issue in its request to the appeals court to put the case on hold. Lawyers for the department assailed it as “unprecedented, baseless & constitutionally offensive.” [GMAFB]

“The district court’s increasingly fantastical injunctions continue to threaten serious harm to the government’s national-security & foreign-affairs interests,” DOJ lawyers wrote.

#law #immigration #AlienEnemiesAct #rendition #Constitution #DueProcess #Judiciary #Trump

Jun 11 at 3:56amWeb
Show threadNonilex6d ago

Tues, the DC Circuit appeals panel of 3 #Trump appointees blocked #Boasberg's June 11 deadline, but it made a point of noting that they had not ruled on the issue’s merits.

“The purpose of this administrative stay is to give the court sufficient opportunity to consider the emergency motion for a stay pending appeal & should not be construed in any way as a ruling on the merits of that motion.”

#law #immigration #AlienEnemiesAct #DueProcess

Show threadBam6d ago
@Nonilex Pretty much expected when he pulled the only three Trump appointees on the court.