The Noemites tonight argue that they have effectively put Abrego Garcia into a “Catch 22” / no-mans’ land: They say he has no “final order” — from which to appeal — and yet, these same Noemites claim they (and they alone) may crate new orders to remove him (to Liberia, for example) — without even allowing him the right to oppose them. That is a simply preposterous inversion of our laws — long standing and free from serious dispute, for over a half-century.
But indeed, here we are: the Noemites increasingly claim “brown shirter” powers they (and all their US forebears) have NEVER possessed — here’s that, from Mr. Hecker’s portion of today’s joint status update:
…[L]ate in the afternoon on December 17, 2025, the Board of Immigration Appeals (BIA) dismissed Abrego Garcia’s appeal from the immigration judge’s denial of his motion to reopen, reasoning that because the immigration judge’s December 11, 2025 order amended the October 10, 2019 decision, “the Immigration Judge’s October 10, 2019, order is not final” and therefore “the respondent’s motion to reopen is moot.” Ex. 1 (B.I.A. Dec. 17, 2025).
The events described above, when taken alongside the Government’s conduct throughout this case, illustrate why the preliminary injunction remains essential. As this Court has already recognized, “even if Abrego Garcia could have been lawfully removed to a third country, Respondents do not appear to have held him to fulfill that purpose. For if they had wished to remove him, they certainly could have as early as August 21, 2025, to Costa Rica. And even if the Court accords Respondents a measure of deference in exercising their discretion to favor another country, ‘discretion’ cannot explain what happened next.” ECF 110 at 28.
The Government’s recent conduct follows this same troubling pattern, and Abrego Garcia should have the opportunity to fully address Respondents’ arguments in briefing and at oral argument….
Indeed. Now you know. Onward, resolutely.
नमस्ते
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