Wednesday, May 7, 2025

I Suspect The Able USDC Judge Knows Trump/Noem Cannot Point To Any Other Admin. That Tried This Lawless Khalil Gambit, For Removal...


So, he has overnight ordered that Tangerine/Noem provide a run-down of all prior uses of this supposed "authority" -- since 1975.

It is all due in Newark, by tomorrow at 9:30 AM EDT. I suspect it is a universe of about three or four cases, all under Tangerine 1.0 or 2.0. We will have the PDF of both of the letters, when each arrives tomorrow, thus:

. . .TEXT ORDER:

The Respondents [Team Trump] shall file a letter on or before 9:30am on May 8 [tomorrow].

It shall list each instance, other than this one, in which federal officials have invoked 8 U.S.C. § 1227(a)(4)(C) to seek the removal or deportation of a person from the United States. As to each case, the United States shall include

(a) a description of the underlying facts of the case, and

(b) a copy of the Secretary of State's determination as to the case, whether reflected in a memorandum, in a letter to the Attorney General or the Secretary of Homeland Security, or in some other form.

In addition, the Respondents shall file a letter on or before noon on May 8.

It shall list each instance, other than this one, in which federal officials have invoked a predecessor statute to 8 U.S.C. § 1227(a)(4)(C) to seek the removal or deportation of a person from the United States. As to each case, the United States shall include (a) a description of the underlying facts of the case, and (b) a copy of the Secretary of State's determination as to the case, whether reflected in a memorandum, in a letter to the Attorney General or the Secretary of Homeland Security, or in some other form. For the purposes of the second May 8 letter, the Respondents shall focus only on the period from 1975 to the present. The text of all asserted predecessor statutes shall be included in the letter.

The relevant predecessor statutes shall include the statute invoked by the United States in the Massieu case; that statute was then at 8 U.S.C. 1251(a)(4)(C)(i). So Ordered by Judge Michael E. Farbiarz on 5/7/2025. . . .


Hopping a train into the glass canyons in 20 minutes. . . stay. . . frosty!

नमस्ते

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