Tangerine 2.0 earlier appealed, claiming that USDC Judge Xinis wasn’t ruling fast enough, after those chuckleheads had delayed for almost a year, in filing their motions. And after they had lost, essentially everything — in Tennessee. Yawn.
So today, Abrego Garcia’s fine counsel has moved the Fourth Circuit to suspend briefing deadlines, and rule on the only even colorably live issue up on appeal: whether Judge Xinis’ injunction was entered in error. It was not, and Abrego will win. Here’s his motion to suspend briefing, tonight.
Here’s some of the muscular argument, proper — from his team:
…When Abrego Garcia reported to the Baltimore ICE field office as directed on August 25, 2025, ICE immediately detained him. Add.28. He filed a habeas petition that same day. ECF 1. That afternoon, the district court issued an oral order enjoining the Government from removing Abrego Garcia from the United States, Add.1, and it made specific findings as to why the injunction was warranted, Add.6:2–9:16.3 Two days later, on August 27, the court entered a written order continuing that injunction. Add.20. On September 26, the court entered another order continuing the injunction. Add.21. The Government had 60 days to appeal the injunction and each continuation under 28 U.S.C. § 1292(a)(1). Fed. R. App. P. 4(a)(1)(B). It chose to appeal none of them….
Meanwhile, the Government “serially ‘notified’ Abrego Garcia — while he sat in ICE custody — of his expulsion to Uganda, then Eswatini, then Ghana; but none of these countries were ever viable options, and at least two had not even been asked to take Abrego Garcia before [the Government] claimed supposed removal to each.” Add.49 (citing ECF 52). It finally settled on Liberia on October 24. ECF 56.
On November 7, [2025] the Government filed a motion to dissolve the injunction so that it could remove Abrego Garcia to Liberia….
[Then,] the Government “affirmatively misled” the district court that “Liberia is the only viable removal option” for Abrego Garcia and that “Costa Rica ‘does not wish to receive him’” and “will no longer ‘accept the transfer’ of him.” Add.50 (citations omitted).
After the Government’s misrepresentations became public, Costa Rica publicly reaffirmed “that its offer to grant Abrego Garcia residence and refugee status is, and always has been, firm, unwavering, and unconditional.” Add.35 (citing ECF 108); Add.50. On December 11, the district court granted Abrego Garcia’s habeas petition for immediate release from ICE custody [because Tangerine 2.0] had no lawful basis to detain or remove Abrego Garcia….
Every bit of it is flawless — do go read it all — but we’ve recited it here many times: this is a lying government, under Tangerine 2.0. It cannot be taken at its word. And thus, the Fourth Circuit will “cut square corners” with it, and dump Trump’s vindictive, idiotic and prevaricating appeal. You can bank on it.
[Smile — and if you scan the local papers, this evening you may see me (in the second pic in the story) sitting dead center — with my brother in law, and my nephew in law… watching World Cup in the park last night.] Hilarious.
नमस्ते
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