As I said at the bottom of the immediately prior post, today will be busy -- in the federal courts. This one tees up more argument and deadlines for Mr. Khalil's team.
UPDATE 04.11.2025: TEXT ORDER: . . .Immediately upon completion of today's proceeding in Louisiana, the parties shall contact chambers. At that point, a telephone conference will be held. At the telephone conference, the parties shall describe what transpired at the hearing. So Ordered by Judge Michael E. Farbiarz on 4/11/2025. . . . End, updated portion.
And well, the good news is that the able USDC Judge is forcing Team Tangerine 2.0 to answer very swiftly -- since Mr. Khalil is still in Jena, Louisiana in a private prison.
Clearly, the bad news is that there is no reason he cannot be in New Jersey, and more readily-accessible to his lawyers, and family. Here's the latest order, in any event:
. . .The parties shall supplement their briefing as to the motion for preliminary injunction.
First, each party shall file a letter of 3-4 single-spaced pages. It shall explain whether an Immigration Judge considering a charge of removal is legally empowered to build a record tailored for eventual review of a legal issue by relevant Court of Appeals that the Immigration Judge is not itself empowered to resolve. The Supreme Court has undertaken such an analysis in an arguably relevant context. See Elgin v. Dep't of Treasury, 567 U.S. 20 (2012) (discussing the power the Merit Systems Protection Board to build a factual record as to whether a statute is unconstitutional -- an issue the Merit Systems Protection Board could not itself take up, but the Court of Appeals could).
Second, each party shall file a letter of 2-3 single-spaced pages.
It shall explain whether an Immigration Judge considering a charge of removal is legally empowered to resolve each of the three issues as to which the Petitioner has moved for a preliminary injunction. See ECF 67 at 25.
The first letter shall be filed by each party on or before April 10 at noon. The second letter shall be filed by each party on or before April 11 at 9:00 am. The letters are legal briefs. They may include as attachments any difficult-to-find legal sources. But they may not include any other attachments.
Each letter shall collect and describe in detail agency case law (Immigration Judge and BIA decisions), and shall also describe agency regulations, as well as any other relevant legal sources. (The Elgin Court, for example, focused closely on those sorts of sources. See 567 U.S at 13, 16-18.)
IT IS on this 8th day of April, 2025, so ORDERED. . . .
Now you know -- much more coming -- on the other cases we've been chasing, shortly. Busy as a one armed paper hanger here. Heh.
नमस्ते
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