Category: Uncategorized

Trump/Noem Dumped The “1960 East Berlin Style Razor Wire” Case — On The Rio Grande — As Of Last Week. Deplorable.

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Do recall that back in January/February 2024, a mother and her young child drowned, after being lacerated under this abomination. Also recall that State of Texas law enforcement agents had originally placed it on the side of the riverway that belongs (as property) to the feds, or more likely to. . . the nation of Mexico. Damn.

But there it will likely now remain, at least until the mid-term elections in 2026. Here’s that mournful order:

…CASE CLOSING ORDER

On March 18, 2025, Plaintiff the United States filed its Notice of Voluntary Dismissal pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(i), dismissing without prejudice the above-captioned action. (Dkt. # 79.)….

D A M N A T I O N.

नमस्ते

Read The SCOTUSBlog, For Very Cogent, And Balanced Updates — On The Probationary Fed Employees’ Cases…

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Well… this is both MUCH higher quality analysis — and far faster — than my efforts might ever be, late night tonight. So do read it all, from the SCOTUSBlog, and Amy Howe — on the probationaries case out of San Fran, and USDC Judge Alsup’s courtroom. It is only a temporary change, however. We shall see how the merits come out, back in the trial courtroom. This means only that the non-profits themselves lack standing.

The employees putatively let go certainly have standing, in their individual names — and it DOES NOT mean that what Trump/Musk did was in any manner… lawful.

Here is the preeminent Amy Howe, do listen in:

…The Supreme Court on Tuesday paused an order by a judge in San Francisco that would require the federal government to reinstate more than 16,000 workers who were fired by six agencies earlier this year. A group of nonprofits challenging the layoffs argued that the terminations by the Office of Personnel Management violated several different parts of the federal law governing administrative agencies. But by an apparent vote of 7-2, the justices nonetheless put the order by Senior U.S. District Judge William Alsup on hold….

In a brief unsigned order, the court explained that it was not weighing in on the claims by other plaintiffs in the lawsuit – specifically, unions representing government employees, whose claims Alsup did not address because he concluded that he likely did not have the power to hear them. The court also did not weigh in on the propriety of the firings more generally.

Justice Sonia Sotomayor indicated that she would have denied the Trump administration’s request to pause Alsup’s order.

Justice Ketanji Brown Jackson also would have turned down the Trump administration’s plea, because she would not have reached the question of the nonprofits’ standing to sue at this stage of the case….

A federal appeals court rejected the government’s request to put Alsup’s order on hold while its appeal — which the court agreed to fast-track — moved forward….

Now you now — ever onward, but just now grabbing a quick bite — at the taco trucks, in the chilly sunshine. Smile.

नमस्ते

And USDC Chief Judge Moses (Down In Del Rio, TX), Will Hold A Hearing On The Land Based Razor Wire Barrier Case, At Shelby Park On May 13, 2025…

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Sadly, I suspect she is setting the matter, to try to move the government toward a settled resolution — perhaps even subtly urging that they entertain… dropping the matter.

The individual plaintiffs ought to hold out for some remedial measures (at least) as part of the settlement, but it is clear: Trump is no friend, here. We shall see:

…IT IS HEREBY ORDERED that the above entitled and numbered case is set for DOCKET CALL in Courtroom 1, on the 2nd floor, U.S. Courthouse, 111 E. Broadway, Del Rio, TX, on Tuesday, May 13, 2025 at 11:00 AM. All parties and counsel must appear at this hearing.

IT IS SO ORDERED this 4th day of April, 2025….

It is a firehose day, around the nation’s courthouses. [And, I know you’ve all seen what the Supremes are doing on the firings… so I’ve leave those for tomorrow.] Onward.

नमस्ते

More Briefing Ordered — Concerning Jurisdictional Questions — In NJ Habeas Case — For The Release Of Mr. Khalil: All Due In Two Days.

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As I said at the bottom of the immediately prior post, today will be busy — in the federal courts. This one tees up more argument and deadlines for Mr. Khalil’s team.

And well, the good news is that the able USDC Judge is forcing Team Tangerine 2.0 to answer very swiftly — since Mr. Khalil is still in Jena, Louisiana in a private prison.

Clearly, the bad news is that there is no reason he cannot be in New Jersey, and more readily-accessible to his lawyers, and family. Here’s the latest order, in any event:

…The parties shall supplement their briefing as to the motion for preliminary injunction.

First, each party shall file a letter of 3-4 single-spaced pages. It shall explain whether an Immigration Judge considering a charge of removal is legally empowered to build a record tailored for eventual review of a legal issue by relevant Court of Appeals that the Immigration Judge is not itself empowered to resolve. The Supreme Court has undertaken such an analysis in an arguably relevant context. See Elgin v. Dep’t of Treasury, 567 U.S. 20 (2012) (discussing the power the Merit Systems Protection Board to build a factual record as to whether a statute is unconstitutional — an issue the Merit Systems Protection Board could not itself take up, but the Court of Appeals could).

Second, each party shall file a letter of 2-3 single-spaced pages.

It shall explain whether an Immigration Judge considering a charge of removal is legally empowered to resolve each of the three issues as to which the Petitioner has moved for a preliminary injunction. See ECF 67 at 25.

The first letter shall be filed by each party on or before April 10 at noon. The second letter shall be filed by each party on or before April 11 at 9:00 am. The letters are legal briefs. They may include as attachments any difficult-to-find legal sources. But they may not include any other attachments.

Each letter shall collect and describe in detail agency case law (Immigration Judge and BIA decisions), and shall also describe agency regulations, as well as any other relevant legal sources. (The Elgin Court, for example, focused closely on those sorts of sources. See 567 U.S at 13, 16-18.)

IT IS on this 8th day of April, 2025, so ORDERED….

Now you know — much more coming — on the other cases we’ve been chasing, shortly. Busy as a one armed paper hanger here. Heh.

नमस्ते

In March, Britain Saw A Clade 1b Case — In A Patient With No Travel Connections.

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The patient also professed no known connection to those previously diagnosed.

While the overall risk remains low in the UK, these facts give rise to the inference that there may well be reservoirs of the virus in communities “in the wild” — in England. And that would be a rather worrisome development, for epidemic abatement efforts.

Here’s the latest, from Reuters reporting:

…Jonas Albarnaz of the Pirbright Institute described the case as “surprising” because prior infected individuals had recent travel history to an affected country or contact with someone who had.

Albarnaz added: “It’s likely that it was acquired from another infected person, via direct contact either with skin lesions or with contaminated surfaces or objects.”

The clade lb variant is a new form of the virus that is linked to a global health emergency declared by the World Health Organization in August….

Now you know — with a busy day from the courts in which Tangerine 2.0’s agenda is being blunted day by day. Most of his ideas about repressive governing are patently unlawful, or outright unconstitutional. Onward, resolutely.

नमस्ते

Do The Supremes Want To Clog The Courts — With Endless Habeas Petitions? Odd Outcome — In The Supposed Venezuelans’ Cases, Tonight…

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We have barely mentioned this set of cases, but hundreds of people supposedly from Venezuela face deportation under a very old, almost never used statute, by Tangerine 2.0 and Kristi Noem. Tonight the Supremes, over four dissenting voices, decided each person putatively to be detained and deported under that ancient act, must be afforded a notice and opportunity to be heard in habeas, in a manner adequate to vindicate their rights, BEFORE Noem tries to move them out of the country.

In sum, they get a hearing and a decision, from a judge — BEFORE she can put them on planes or boats. That means the ones shipped to Venezuela, and then returned — to El Salvador are also owed habeas hearings (as we are nearly certain almost none of them were given a hearing first time around; and not a habeas hearing, in any sense).

Noem is clearly a chucklehead — she sure has made a complicated mess for herself, and her agency. Here’s that bit:

…More specifically, in this context, AEA detainees must receive notice after the date of this order that they are subject to removal under the Act.

The notice must be afforded within a reasonable time and in such a manner as will allow them to actually seek habeas relief in the proper venue before such removal occurs.

For all the rhetoric of the dissents, today’s order and per curiam confirm that the detainees subject to removal orders under the AEA are entitled to notice and an opportunity to challenge their removal. The only question is which court will resolve that challenge….

Now we wait for the Chief Justice to get off his duff (i.e., during halftime of the Houston v. Florida final, perhaps?), tonight at home — and put together the only possible order as to Mr. Garcia: an order commanding his immediate return to Maryland, to his family — his wife and three young children.

नमस्ते

[U: Mr. Garcia’s Counsel’s Answer Is A Day Early!] Chief Justice Roberts Says He Needs A Few Days To Review — And Mr. Garcia’s Lawyers Will Answer By Tomorrow At 5 PM EDT…

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UPDATED @ 5 PM EDT: Mr. Garcia’s lawyer has answered a full 24 hours early, and within minutes of the Chief’s largely showy order. Here it is, and it is a banger! End update, but this puts the pressure back on Justice Roberts: if this man is hurt or killed — because Roberts decides to watch the March Madness Final tonight, rather than authoring a very clear opinion before midnight — that will be his to explain in front of St. Pete, at the gates (assuming he ever makes it that far).

We must remark: here the ultimate outcome is not going to be in any serious doubt — Noem MUST have this man returned — and tout de suite.

Unless… of course, he dies in Salvadoran captivity, first. The Chief Justice might want to bear that in mind: all who’ve looked at it agree — Noem had no right to do this. And he is in peril. No one has been able to speak to him since he left Texas, over a week ago, for El Salvador. Not his family; not his lawyers. John Roberts is personally gambling with this man’s life — for no real point or purpose. Here’s the latest:

…UPON CONSIDERATION of the application of counsel for the applicants….

IT IS ORDERED that the April 4, 2025 order of the United States District Court for the District of Maryland, case No. 8:25-cv-951, is hereby stayed pending further order of the undersigned or of the Court. It is further ordered that a response to the application be filed on or before Tuesday, April 8th, 2025, by 5 p.m. (EDT)….

Stay tuned. Disappointing, but onward resolutely, just the same. Justice will come.

नमस्ते

[U, At Noon. Appeal Failed.] Noem And Tangerine 2.0 Correctly Denied Any Stay, In Garcia Case In Maryland. He Should Be On A Flight Home, Already.

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Updated at Noon — the Fourth Circuit (see Appeal no. 25-1345) has denied Tangerine any stay of the order to put him on a flight home by tonight. That is clearly correct. End update.

Welp — once again, the hubris and malignancy of Kristi Noem was in high dungeon, this past week/weekend. As was that of Pam Bondi.

Bondi (likely on orders from Stephen Miller, Noem and Tangerine 2.0) has now effectively fired two layers of US Attorneys (who, in her view… “let” this order get entered). That is, she fired them for not engaging in what would have been a fraud upon the court, after her own agents publicly admitted they grabbed the wrong guy, and without so much as a cursory march past any judge, dumped him in the worst hell-hole in the Western Hemisphere. Damn.

And so, from the able USDC Judge’s 22 page opinion (a PDF) — denying Tangerine 2.0 / Noem any stay, as published yesterday (on a Sunday):

…In 2019, an immigration judge — acting under the authority delegated by the United States Attorney General and pursuant to powers vested by Congress [Ed. Note: Thus he was granted relief DURING Trump’s first term!] — granted Plaintiff Kilmar Armando Abrego Garcia (“Abrego Garcia”) withholding of removal, thereby protecting him from return to his native country, El Salvador. ECF No. 1 ¶ 41; ECF No. 1-1. Such protection bars the United States from sending a noncitizen to a country where, more likely than not, he would face persecution that risks his “life or freedom.” See Immigration and Nationality Act (“INA”), 8 U.S.C. § 1231(b)(3)(A); see also 8 C.F.R. §§ 208.16–.18 & .24 (setting forth the standard for withholding of removal and the procedures required for its termination).

Six years later, without notice, legal justification, or due process, officers from U.S. Immigration and Customs Enforcement (“ICE”), a subagency of the Department of Homeland Security (“DHS”), put him on a plane bound for the Terrorism Confinement Center (“CECOT”) in El Salvador. ECF No. 1¶ 59.

Neither the United States nor El Salvador have told anyone why he was returned to the very country to which he cannot return, or why he is detained at CECOT. See Hr’g Tr., Apr. 4, 2025, 25: 13–14 (Mr. Reuveni: “We have nothing to say on the merits. We concede he should not have been removed to El Salvador.”); see Hr’g Tr., Apr. 4, 2025, 34:25–35:5 (The Court: “[W]hat basis is he held? Why is he [in CECOT] of all places?…” Mr. Reuveni: “I don’t know. That information has not been given to me. I don’t know.”).

That silence is telling. As Defendants acknowledge, they had no legal authority to arrest him, no justification to detain him, and no grounds to send him to El Salvador — let alone deliver him into one of the most dangerous prisons in the Western Hemisphere….

Having confessed grievous error, the Defendants now argue that this Court lacks the power to hear this case, and they lack the power to order Abrego Garcia’s return. ECF No. 11 at 3. For the following reasons, their jurisdictional arguments fail as a matter of law.

Further, to avoid clear irreparable harm, and because equity and justice compels it, the Court grants the narrowest, daresay only, relief warranted: to order that Defendants return Abrego Garcia to the United States….

Under her orders, then — he is due back here stateside by midnight tonight.

What sort of a monster must Noem be, if she instructed her AUSAs to argue that — once dumped in the hell-hole, BY these same ICE agents, and thus the US Government — that same US Government was powerless to right the known wrong?!?

नमस्ते

We Will Watch The Launch Live, In The Wee Hours Tomorrow, US Time — To The ISS, For Jonny Kim, And The Cosmonauts — On a Soyuz Rocket…

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NASA+ TV streaming promises to have the whole she-bang, come tomorrow.

See the below. And assuming Jonny Kim’s time at ISS is uneventful (from a health / space fitness perspective), he is presently slated to ride the first 21st Century crewed ship to the Moon, for NASA. Here’s the latest:

…NASA astronaut Jonny Kim will launch aboard the Roscosmos Soyuz MS-27 spacecraft to the International Space Station, accompanied by cosmonauts Sergey Ryzhikov and Alexey Zubritsky, where they will join the Expedition 72/73 crew in advancing scientific research.

Kim, Ryzhikov, and Zubritsky will lift off at 1:47 a.m. EDT Tuesday, April 8 (10:47 a.m. Baikonur time) from the Baikonur Cosmodrome in Kazakhstan.

Watch live launch and docking coverage on NASA+. Learn how to watch NASA content through a variety of platforms.

After a two-orbit, three-hour trajectory to the station, the spacecraft will dock automatically to the station’s Prichal module at approximately 5:03 a.m. Shortly after, hatches will open between Soyuz and the space station….

Now you know — but in truth I’ll watch (the launch, at least) from my bed, on the iPhone. Heh.

नमस्ते

Mr. Abrego Garcia Should Already Be On His Way To An Airstrip — Protected By US Guards, Inside El Salvador… Right Now.

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“This case is certainly important to Abrego Garcia and his family,” the judge said. “In recognition of that, I feel like I can’t wait on giving my order….”

Updated — but now, we have the formal written order; and he is due back in the USA by midnight tonight, April 7, 2025:

…Defendants are hereby ORDERED to facilitate and effectuate the return of Plaintiff Kilmar Armando Abrego Garcia to the United States by no later than 11:59 PM on Monday, April 7, 2025….

This preliminary relief is issued to restore the status quo and to preserve Abrego Garcia’s access to due process in accordance with the Constitution and governing immigration statutes….

Indeed, it must be said — when ~4.5 million Americans march nationwide, many in cold, windy weather — to chant “Hands Off!” — Ms. Noem, you and your tangerine handler should… take heed — and take care, that you hear the will of… the people, here.

He better be on a government secured flight — headed home, by 7 pm Eastern Daylight time, tonight, Mademoiselle.

नमस्ते