In Court This Morning — But Two To Read…

I will come back to these — on the idea that Trump cannot deport “credible fear” would-be asylees to Mexico without hearings, first. Read Number One. . . And Number Two.

These come from a ongoing trial level matter, called Padilla v. ICE, in the federal courts in Seattle:

. . .Last month, this Court issued a preliminary injunction order requiring the government to provide Plaintiffs a prompt bond hearing that comports with due process. See Dkt. 110. Two weeks later, the Attorney General issued Matter of M-S-, 27 I. & N. Dec. 509 (A.G. 2019), holding that members of the Bond Hearing Class have no statutory right to a bond hearing. 27 I. & N. Dec. at 509-10.

If Matter of M-S- is permitted to go into effect, for the first time in nearly half a century, asylum seekers who are present in the United States after having effected an entry will be locked up pending their removal proceedings — for months and potentially even years — without ever receiving a bond hearing on whether their detention is justified, much less a hearing that provides due process. Defendants now seek to vacate the preliminary injunction based on this change in law. See Dkt. 114. Plaintiffs oppose Defendants’ motion on two grounds. . . .

As ever, onward.


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