The Able USDC Judge In Newark Will Wait Just One More Day, To Hear "One Paragraph" Of A View From Noem -- As To Appealability -- But Mr. Khalil Is Likely Coming Back East...

We have a very satisfactory 67 page answer, tonight -- but ever cautious, the court asks whether Tangerine 2.0 lawyers intend to appeal the order allowing the habeas proceedings in New Jersey.

The able USDC Judge has ruled that venue is proper in New Jersey, given Ms. Noem's immediate, and blatant, attempts to hide him away from his lawyers, in a private prison in rural Jena, Louisiana. But he will wait until tomorrow afternoon to think through appealbility issues.

Here's the excellent, plain-English 67 page opinion -- and the more salient bits:

. . .A lawful permanent resident was detained, and filed a habeas corpus petition seeking his release.

The respondents, various federal officials, have moved to dismiss, arguing the Court does not have jurisdiction.

The motion to dismiss is denied. . . .

[Team Tangerine 2.0/Noem's] New Jersey–focused immediate custodian argument is not persuasive. The Petitioner did not name as a respondent his immediate New Jersey custodian. But he did not need to. That custodian was not only unknown to the Petitioner’s lawyer, but virtually unknowable to her. And so the Petition could clear the bar by doing what it did --- naming the Petitioner’s ultimate custodian [Kristi Noem], the Secretary of Homeland Security. . . .

[A]pplying the unknown custodian exception in this case is in the interest of the equitable concerns that the Supreme Court has long invoked in habeas law. . . .

Now you know. Not even a $50,000 gold tank / diamond encrusted Rolex. . . will deliver to Ms. Noem the "time" she wants, in dank Jena, Louisiana now. She must play by the rules Judge Bork (yes, that guy!) interpreted / announced nearly four decades ago. Welcome to the real world, Kristi -- the privileges of your old governor's mansion lie. . . a long stretch -- from here, in bustling Newark.

नमस्ते