These men are held in a high security Colorado federal facility. There are very likely more than 200 people so detained. Making each find a lawyer, and get a case filed. . . is just a way to undermine their due process rights. The court will grant provisional class status here, and use its equitable powers to decide a likely omnibus habeas release order, especially after USDC Judge Rodriguez's courageous Texas ruling this week. Here's the latest overnight, from the ACLU:
. . .Even if Rule 23 did not technically apply in habeas proceedings, Respondents recognize that courts sitting in equity have used Rule 23 as a guidepost to certify a class under the All Writs Act and principles of habeas jurisdiction and equity. Opp. 7. Judge Rodriguez, in the Southern District of Texas, recently surveyed these circuit court decisions to conclude that “district courts, in appropriate circumstances, may rely on the All Writs Act to fashion relief analogous to a class action,” and that class certification was appropriate for a district-wide class similar to the one provisionally certified here. J.A.V., 2025 WL 1256996, at *2. And as Respondents concede, the Tenth Circuit relied on cases like Sero and Bijeol to hold that “class treatment” could be available by the court “apply[ing] an analogous procedure by reference to Rule 23.” Napier, 542 F.2d at 827 & n.2; see also Opp. 6.
Respondents disagree that a class habeas is appropriate here, primarily because they believe that Petitioners do not have standing to provide jurisdiction over the case. Opp. 9. As demonstrated above, it is sufficient for Petitioners to show they face an imminent risk of being subject to the Proclamation. Stricklin, 594 F.3d at 1197–98. Moreover, neither of the cases cited by Respondents limit class habeas to “narrow circumstances,” Opp. 7; they, like others, use Rule 23 as a guide. See Sero, 506 F.2d at 1126 (“[O]ur conclusion that an analogous procedure [to Rule 23] may be employed in this case is bolstered by the Federal Rules’ delineation of the circumstances which make multi-party actions appropriate.”); Bijeol, 513 F.2d at 968 (“a representative procedure analogous to the class action provided for in Rule 23 may be appropriate in a habeas corpus action under some circumstances”); see also Napier, 542 F.2d at 827 n.2.5. . . .
Onward -- and "Bust" is an excellent Afrocurrentist play -- in the genre of Jordan Peele's "Get Out". Both comical, and tragic in one -- a new form of fantasy / sci-fi / mystery. Sweet!
नमस्ते
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