Updated: the able USDC Judge has ruled that he has jurisdiction to decide the habeas motion. He's giving Noem two days to appeal, mostly claiming bad venue. But the die is cast (here's the 100 plus page opinion, just handed down -- and the tip of the spear):
. . .Section 1252(b)(9) applies only after a final order of removal has been entered by the immigration courts. The words of the statute say so. See Part IV.B. And so has the Third Circuit.11 See Part IV.C. But no final order of removal has been entered in this case. Therefore, Section 1252(b)(9) does not apply. . . .
For now, note that there is at least a potential argument under the Supreme Court’s decision in Lozman v. Riviera Beach, 585 U.S. 87, 100–01 (2018), that the existence of such a policy could undo the argument the Respondents have made here -- namely, the argument that probable cause is a full defense to an arrest made in retaliation for First Amendment activity. . . .
This is in sum a loser for the DHS and ICE folks. Mr. Khalil is going to get habeas relief -- he will be coing home. End update.
Overnight, we've learned from an updated letter to the able USDC Judge in Newark -- that the administrative "hearing officer" (not a judge) down in Jena has denied a motion to dismiss the proceedings against Mr. Khalil. Counsel for Khalil got the government to admit that they didn't bother to seek even an administrative warrant before grabbing Mr. Khalil.
In sum, there was no review, at any independent level, of the Noem/Rubio decision to abduct him off the street, in Manhattan -- for his free expressions. Had that matter been heard in NJ, or NYC or Chicago or SF. . . he'd be released immediately, unless the government produced very solid evidence of substantial overt steps toward terroristic activities. [There was none of that. And he's coming up now on two months being detained, in a swamp-water southern crap-hole.]
Yep -- down in the private prison in Jena, he remains detained. . . without any formalized, due process level felony charges. Without a warrant. Just Noem's jingoistic say-so. Here's the latest, asking the NJ federal courts to quash these kangaroo proceedings, via a habeas writ:
. . .In light of this Court’s order (ECF 208), we write to notify the Court about two developments in Petitioner’s immigration proceedings. On Friday, April 25, 2025, the immigration judge denied Petitioner’s motion to terminate the removal proceedings, based on his warrantless arrest by the U.S. Department of Homeland Security (DHS), in violation of the Fourth Amendment and 8 C.F.R. § 287.8(c)(2)(i). (See Exhibit A). Even though DHS did not possess a judicial or administrative warrant permitting it to arrest Mr. Khalil -- as the government has now admitted in its opposition to the motion to terminate (ECF 210-2) -- the immigration judge found that “[t]ermination of removal proceedings is not an appropriate remedy for the harm [Mr. Khalil] alleges.” Id. The immigration judge further found, evidently regarding the first removability ground, that DHS had “met its burden its burden of proving by clear and convincing evidence that Respondent is removable as charged. 8 C.F.R. §1240.8(a).” Id. The immigration judge also scheduled an in-person hearing for May 22, 2025. (Exhibit B). . . .
So we wait to see what New Jersey does. Crazy times, indeed. Onward.
नमस्ते
No comments:
Post a Comment