Okay, "ole-pancake-makeup wearin' cowgirl Kristi Noem -- your lawless wranglin' days atop the ICE/DHS pony -- supressing peaceful dissenters' speech. . . are at an end (finally!)." Mr. Khalil will post his $1 cash bond and be released from Jena, Louisiana shortly.
I'll try to source that now-viral 2014 clip of Mr. Obama (on free-space) saying "the easy way to do things [as a leader] is to break the law. The hard way. . . is to pass legislation -- and use the democratic process, to make ones' immigration policy changes." Noem / Trump chose the former way -- and it worked for a minute or two -- by brute force. . . but no longer. Here's the 14 page court opinion, tonight.
. . .[T]he evidence is that lawful permanent residents are virtually never detained pending removal for the sort of alleged omissions in a lawful-permanent-resident application that the Petitioner is charged with here. And that strongly suggests that it is the Secretary of State’s determination that drives the Petitioner’s ongoing detention --- not the other charge against him.
On this point, there are [various]. . . relevant pieces of evidence. (Again, none of this is contested by the Respondents. See Respondents’ Letter (June 9, 2025).)
First, Kerry Doyle states in a declaration that “[l]awful permanent residents. . . are. . . certainly not detained. . . based solely on the types of allegedly missing information described [here][.]” Declaration of Veronica Salama, Exhibit P (ECF 281-16) ¶ 18.
Second, per Stacy Tolchin: “it is incredibly rare to see a lawful permanent resident detained . . . for[, as in this case,] having failed to disclose a past membership or association on the application for adjustment of status.” Declaration of Veronica Salama, Exhibit L (ECF 281-12) ¶ 13 (emphasis added). Tolchin, whose experience is extensive, see id. ¶¶ 1, 4–5, says this: I have represented at least ten permanent residents who have been placed into removal proceedings after they were denied naturalization. The only ones who were detained were those who had criminal convictions that DHS believed made them removable, in addition to being ineligible for naturalization. . . .
Based on the declarations, the Court finds as a matter of fact that it is overwhelmingly likely that the Petitioner would not be detained based solely on the lawful-permanent-resident application charge. Rather, the Court finds, the Petitioner’s detention almost surely flows from the charge that is based on the Secretary of State’s determination. . . .
The Petitioner has no criminal record. See Khalil Declaration ¶ 5. The Secretary of State’s determination does not say that he has been involved in criminal activity or violence. See Determination at 1–2. And the Respondents have not put forward any evidence as to involvement by the Petitioner in violence, destruction of property, or any other sort of criminal activity. . . .
The Petitioner also states that even “[b]eyond [his] immediate detention,” Khalil Declaration at ¶ 14, the Secretary of State’s determination chills his speech. The Court credits this, and finds as a factual matter that even if the Petitioner were not detained, or even if he were detained on another basis, the Secretary’s determination would deter him from speaking. . . .
The Court hereby stays its preliminary injunction for around 40 hours, until 9:30AM on June 13. This is to allow the Respondents to seek appellate review should they wish to. In addition, the preliminary injunction shall not go into effect unless and until the Petitioner posts a nominal bond in the amount of $1, consistent with the requirement of Federal Rule of Civil Procedure 65(c). . . .
Sure, Tangerine / Noem / Rubio will appeal -- but there is little argument that the Second Circuit will say he is no flight risk. He has a new-born baby to look after, and a wife awaiting him, in New York. Onward. Sanity is making a comeback.
नमस्ते
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