Notices by Heidi Li Feldman (heidilifeldman@mastodon.social), page 2

That it was “Good Friday afternoon” has nothing to do with the legal appropriateness of the plaintiffs seeking an emergency injunction from the District Court. Emergencies, including legal ones, arise regardless of religious holidays and courts are supposed to always be on call to handle them. 5/

This is striking. Some of Alito’s concerns are comparatively run of the mill, and ordinarily any of the seven Justices in the majority might well share one or more of them. But all of Alito’s concerns presume that the trial court judge and/or the Trump executive have been acting and would continue to act in good faith. Clearly none of the Justices in the majority bought that presumption. 3/

Alito also disputes the Supreme Court’s basis for making the order on other legal grounds. But what is interesting is that no Justice other than Thomas found Alito’s arguments persuasive. 2/

Alito has just filed his dissent from last night’s Supreme Court order directing the Trump executive not to remove any Venezuelans detained pursuant to AEA in Northern District of Texas. Thomas joins. They take the position I sketched in an earlier thread today: that there was no appealable order or rulings before the Supreme Court bc the trial court judge had not ruled on plaintiffs’ TRO and class certification motions. #LawFedi 1/

Seven justices voted for the order. Alito and Thomas dissent, and Alito plans to file a statement. 2/

BIG: U.S. Supreme Court orders Trump regime not to remove any Venezuelans detained in Northern District of Texas’s geographical area as legal proceedings unfold over the next few days. https://s3.documentcloud.org/documents/25902119/24a1007-order-41925.pdf #LawFedi 1/

The majority of the Justices had so little confidence that Trump regime would not spirit more people to CECOT they took the unusual step of posting an order after midnight their time, before the Fifth Circuit Court of Appeals addressed the situation, and without waiting for Alito’s statement. 4/

If the Trump executive flies to El Salvador any Venezuelans detained, per the Alien Enemies Act, in northern Texas, we will have a flat out and direct clash between the Supreme Court and the Trump regime. 3/

My information about location of detention facility and airfield is not, so far, confirmed. 3/3

The Bluebonnet Detention Center appears to be in Anson, TX, about a half hour from Dyess AFB. I think the detention facilities might be behind the Management & Training offices located at 400 E 2nd St, Anson, TX 79501. 2/

I’m told that Bluebonnet detention center, where Venezuelans in imminent danger of deportation now are, is near Abilene, Texas; and airfield for flights, if they happen, is near Dyess AFB in Abilene. The only way to know what is going on may well be for folks to go to these places. 1/

Boasberg’s problem is that the TRO requested might seem very similar to the one the Roberts Court vacated. Plaintiffs are arguing that this TRO is to enforce the habeas notice and hearing rights the Court announced and so it is not the same as the TRO requested before which was made under Administrative Procedure Act. Sorry to be so technical. Attempting to show you what Boasberg is trying to figure out. 2/

I’m following Judge Boasberg’s hearing, now, on emergency TRO request to help Venezuelans who seem in imminent danger of deportation to El Salvador. I so admire his methodical and calm approach as he considers what he knows is potentially a huge crisis. 1/

Boasberg cares about timing of flights because he has legal and prudential reasons to give 5th Circuit and Supreme Court time to act on the emergency motions the plaintiffs have filed in those courts. But since it doesn’t look like they will act in the next 24 hours, Boasberg wants Ensign to promise no flights will go before then. 6/

So far, in Boasberg hearing, DoJ attorney Drew Ensign has only said that it is his understanding the named plaintiffs in the Northern Texas case will not be shipped to El Salvador anytime soon and that no flights are scheduled for today’s date. He hasn’t been able to confirm that there are no flights scheduled for, say, 12:01 a.m. tomorrow. The current recess is to give Ensign time to find out that there are NO flights scheduled for ANY time tomorrow. 5/

(Boasberg’s hearing on a half hour recess.)

The Northern District of Texas hasn’t even certified a class covering all detainees in its geographical area of jurisdiction. And Texas judge hasn’t granted a TRO specifically enjoining removals without meaningful notice and opportunity to rebut. 4/

I’ll try to simplify. The Roberts Court said that detained Venezuelans must file habeas petititions where they are confined. This makes any nationwide class certification virtually impossible. Some courts have certified smaller classes, covering all detainees in a particular geographical area. 3/

Hearing has resumed. Boasberg seems to feel his hands are tied, that he can’t make rulings in Northern District of Texas’s geographical area. Plaintiffs want a sworn statement from Trump officials that no planes will go out tonight. 9/

Boasberg is trying to ascertain whether he can give a narrow order to protect people for a short time without overstepping his legal authority. 8/

I doubt Boasberg trusts Ensign, but if Ensign affirmatively represents there will be no flights and then there are, Ensign risks being in clear contempt of court. Such a finding wld make him vulnerable to disbarment so he has reason to be honest and if he tells Court no flights to make sure no flights go. 7/