While we await the February 26 hearing in Nashville, Mr. Hecker is winning, in keeping Abrego free in Maryland — despite Noemite efforts to re-write a 2019 order that Trump 1.0 clearly botched.

And Noem’s team is lying about almost every aspect of its prior detention of Mr. Abrego Garcia. Here’s the latest:

…In any event, no matter when the removal period began, detention under § 1231(a) remains impermissible. The Government may detain Abrego Garcia under § 1231(a) only to timely effectuate lawful removal. But as this Court found in granting habeas relief, the Government’s conduct — including serially designating countries it knew “never agreed to take” Abrego Garcia and making “misrepresentation[s]” to the Court that Liberia was the only viable removal country — “reflect[s] that whatever purpose was behind his detention, it was not for the ‘basic purpose’ of timely third-country removal.” ECF No. 110 at 28–29 (citing Zadvydas, 533 U.S. at 697).

Nothing has changed on that front. The Government identifies no new evidence that re-detention would now serve any legitimate purpose. To the contrary, its submission confirms that it still refuses to remove Abrego Garcia to Costa Rica, the country he designated and the only one to which removal would presently comply with the Immigration and Nationality Act (INA) and due process. And the Government has neither identified any other viable removal destination, nor taken the steps constitutionally required before removal to any other country could occur. What has prevented Abrego Garcia’s removal is not this Court’s injunction, but the Government’s failure to pursue removal “consistently with the INA and due process.” ECF No. 110 at 12 n.10.

The Court should therefore maintain its injunction until the Government demonstrates that re-detention and removal of Abrego Garcia would comply with the INA and due process….

Onward, resolutely — with a NASA press conference at Noon Central time, on Artemis II likely launch delays.

नमस्ते