The government is solely responsible for creating its "own sink-hole" here, by arguing (apparently, without basis therefor) at last week's hearing that the supposed statutory methods [at 8 USC § 1227(a)(4)(C)] used against Mr. Khalil were commonly deployed by both Democratic and Republican administrations, in the past. That seems dubious at best.
Now the government complains that it cannot readily find much evidence for its own "made up" factual assertion (so it begs for a one week delay). I hope the able USDC Judge holds them to tomorrow at noon -- or extends it only until this Friday at noon -- in Newark:
. . .[Noem/Tangerine] Respondents (“the Government”) respectfully request an extension of the May 8 deadlines. See ECF No. 231. The Government requests that the two letters be due on Wednesday, May 12 by 11:59pm. The Government makes this request for several reasons, all which establish good cause.
Undersigned counsel conferred with Petitioner’s counsel, who oppose this request. Specifically, Petitioner [Mr. Khalil's counsel] objects to Respondents' request for a substantial extension of time, given that he remains in detention and needs to have his petition resolved as expeditiously as possible. . . .
We will update when/if an order is issued. Onward, grinning.
नमस्ते
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