Welcome to DU! The truly grassroots left-of-center political community where regular people, not algorithms, drive the discussions and set the standards. Join the community: Create a free account Support DU (and get rid of ads!): Become a Star Member Latest Breaking News Editorials & Other Articles General Discussion The DU Lounge All Forums Issue Forums Culture Forums Alliance Forums Region Forums Support Forums Help & Search

LetMyPeopleVote

(161,212 posts)
2. Here is a link to the 93 page opinion
Wed Mar 26, 2025, 05:26 PM
Mar 26

I was amazed and please to see a 93 page set of opinions. There are two separate concurrences in favor of the detainees.
https://s3.documentcloud.org/documents/25870610/order-and-opinion-on-attempt-to-block-stay-on-aea-flights.pdf
Only 21 pages of this opinion are from the dissenting judge. I have not read all of the two concurring opinions ruling the right way but did skim the dissenting opinion.

I listened to the oral arguments in this case. I was NOT impressed with the DOJ attorney. The asshole DOJ attorney argued that the only proper cause of action in this matter would be individual habeas corpus actions filed for each individual detainee in the proper court where such plaintiff/detainee is located. Given that the DOJ/trump administration hid the location of these detainees, this would be impossible to do. This means that since the DOJ was successful in hiding the location of these plaintiffs/detainees and not giving these detainees any due process, these plaintiffs are out of luck and must stay in prison in El Salvador.

If the dissenting judge and the DOJ are correct, then the DOJ is being rewarded by hiding the location of the individual detainees and deporting these people before habeas cases could be filed. I find that position to be repugnant.

Recommendations

0 members have recommended this reply (displayed in chronological order):

Latest Discussions»Latest Breaking News»Federal appeals court mai...»Reply #2