Well -- sanity is making a comeback. Only the predictable miscreant duo -- of Alito and Thomas -- dissent from the per curium ruling (and Kavanaugh writes a concurrence, but agrees with the spanking of the reactionary Fifth Circuit).
Without further ado -- this is a sharp rebuke of Tangerine's unconstitutional, cruel and lawless demonization of people who were born in Venezuela (for no reason other than that they happened to be born there). Do read it all:
. . .We now construe the application as a petition for writ of certiorari from the decision of the Fifth Circuit. See Reply 15. We grant the petition as well as the application for injunction pending further proceedings, vacate the judgment of the Fifth Circuit, and remand for further proceedings. . . .
“[T]he Fifth Amendment entitles aliens to due process of law in the context of removal proceedings.” Trump v. J. G. G., 604 U. S. ___, ___ (2025) (per curiam) (slip op., at 3) (internal quotation marks omitted). “Procedural due process rules are meant to protect” against “the mistaken or unjustified deprivation of life, liberty, or property.” Carey v. Piphus, 435 U. S. 247, 259 (1978). We have long held that “no person shall be” removed from the United States “without opportunity, at some time, to be heard.” The Japanese Immigrant Case, 189 U. S. 86, 101 (1903). . . . [I]n J. G. G., this Court explained -- with all nine Justices agreeing -- that “AEA detainees must receive notice . . . that they are subject to removal under the Act . . . within a reasonable time and in such a manner as will allow them to actually seek habeas relief ” before removal. 604 U. S., at ____ (slip op., at 3). In order to “actually seek habeas relief,” a detainee must have sufficient time and information to reasonably be able to contact counsel, file a petition, and pursue appropriate relief.
The Government does not contest before this Court the applicants’ description of the notice afforded to AEA detainees in the Northern District of Texas, nor the assertion that the Government was poised to carry out removals imminently. The Government has represented elsewhere that it is unable to provide for the return of an individual deported in error to a prison in El Salvador, see Abrego Garcia v. Noem, No. 25−cv−951 (D Md.), ECF Docs. 74, 77, where it is alleged that detainees face indefinite detention, see Application for Injunction 11.
The detainees’ interests at stake are accordingly particularly weighty. Under these circumstances, notice roughly 24 hours before removal, devoid of information about how to exercise due process rights to contest that removal, surely does not pass muster. But it is not optimal for this Court, far removed from the circumstances on the ground, to determine in the first instance the precise process necessary to satisfy the Constitution in this case. We remand the case to the Fifth Circuit for that purpose. . . . .
Onward. Excellent!
नमस्ते
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