It will easily "trump" Kristi Noem's nonsensical claims that keeping him nearly 2,000 miles away promotes some odd sense of safety and efficiency. That's all she's got. Here's that fine brief -- from the dockets of the federal trial courts in Newark:
. . .As made clear below, those new authorities only strengthen Mr. Khalil’s arguments. First, ordering Mr. Khalil’s return to this District remains appropriate. And second, Third Circuit law undermines even further Respondents’ arguments that the relief sought through Mr. Khalil’s motion is jurisdictionally barred. Indeed, the relief requested in this Motion turns on the same authority this Court already invoked (ECF 81), in enjoining Respondents from deporting Mr. Khalil. Just as there was no jurisdictional bar to that limited and uncontested equitable relief, there is no jurisdictional bar to the invocation of the Court’s same power, and under related authority, to return Mr. Khalil to this District. . . .
The Third Circuit has stressed that § 1252(g) does not bar review of challenges to the underlying authority of government actions to commence proceedings. Garcia v. Att’y Gen., 553 F.3d 724, 729 (3d Cir. 2009) (holding that § 1252(g) is no bar where petition is not “challenging the discretionary decision to commence proceedings, but is challenging the government's very authority to commence those proceedings” after limitation period expired) (emphasis in original). This is especially true here where Respondents attempt to tamper with the integrity of the Court’s exercise of its jurisdiction and with foundational principles of law. See Chehazeh, 666 F.3d at 134. . . .
Now you know. And let's go, Illini women over Creighton -- and for lots more upsets, in the men's -- here in the Second Round! [I am up three games on Mr. Obama in the men's -- but only by 10 points. Woot!]
नमस्ते
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