The able USDC Judge Vargas in Manhattan has granted habeas, and ordered that Ms. McDonald be returned to Foley Square, by tonight, and immediately released, by Monday morning.
The Noemites claimed they had "too many prisoners to move around" on a holiday weekend -- and failed to comply with this clear habeas order. However, the Noemites say she will be in New York by tomorrow, and then presumably released on Monday, without bail or additional conditions by Judge Vargas. Yet here again, the Kristi Noem approach is to make the process the penalty. Damn her. Here's a bit from Matthew Russell Lee:
[From the opinion:] For over. . . two years and 10 months, Petitioner “was released and began attending her hearings as scheduled,” including “various hearings w[h]ere the immigration judge ha[d] granted her time to procure counsel.” Petition at 3; Hampton Decl., ¶¶ 13-16. On November 7, 2025, Petitioner appeared at her third master calendar hearing at 26 Federal Plaza. Hampton Decl., ¶ 16. At the conclusion of her scheduled court appearance that day, Petitioner alleges that she was “arrested by ICE/DHS with no explanation and without the presentation of any legal documents. . . .”
[From Matthew's exclusive reporting:] . . .On November 26 after 5 pm Judge Vargas ordered "[The Noemites] to transport Petitioner back to the Southern District of New York by November 29, 2025, to immediately release her from custody following that transfer, and to certify compliance with this order no later than 5:00 p.m. on December 1, 2025. . . ."
On November 29 the US Attorney's Office wrote. . . "Due to a large number of detainees in movement at Alexandria [Louisiana] ICE did not place Petitioner on her scheduled flight to Mesa, Arizona on November 28. She is now scheduled to leave on November 30. . . ."
Of course, getting eastward out of Arizona to New York may well be hampered by the near foot of snow likely to fall, on the Eastern Great Lakes overnight. So, as Matthew will keep us informed, we will so inform. . . you. Onward -- with a thank you to Matthew Russell Lee. . . and with more kiddos departing tomorrow from here, for points westward.
नमस्ते


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