We have barely mentioned this set of cases, but hundreds of people supposedly from Venezuela face deportation under a very old, almost never used statute, by Tangerine 2.0 and Kristi Noem. Tonight the Supremes, over four dissenting voices, decided each person putatively to be detained and deported under that ancient act, must be afforded a notice and opportunity to be heard in habeas, in a manner adequate to vindicate their rights, BEFORE Noem tries to move them out of the country.
In sum, they get a hearing and a decision, from a judge -- BEFORE she can put them on planes or boats. That means the ones shipped to Venezuela, and then returned -- to El Salvador are also owed habeas hearings (as we are nearly certain almost none of them were given a hearing first time around; and not a habeas hearing, in any sense).
Noem is clearly a chucklehead -- she sure has made a complicated mess for herself, and her agency. Here's that bit:
. . .More specifically, in this context, AEA detainees must receive notice after the date of this order that they are subject to removal under the Act.
The notice must be afforded within a reasonable time and in such a manner as will allow them to actually seek habeas relief in the proper venue before such removal occurs.
For all the rhetoric of the dissents, today’s order and per curiam confirm that the detainees subject to removal orders under the AEA are entitled to notice and an opportunity to challenge their removal. The only question is which court will resolve that challenge. . . .
Now we wait for the Chief Justice to get off his duff (i.e., during halftime of the Houston v. Florida final, perhaps?), tonight at home -- and put together the only possible order as to Mr. Garcia: an order commanding his immediate return to Maryland, to his family -- his wife and three young children.
नमस्ते
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