• Rivalarrival@lemmy.today
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    1 day ago

    To be clear: The Trump administration said the courts don’t have the power to order his return.

    The courts certainly do have the power to order the Trump administration to return him. The court that issued the original order can find the administration in contempt, and order restitution for each day that he is held in El Salvador.

  • Nursery2787@lemmy.ml
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    23 hours ago

    Almost like it was a key scene in a certain dystopian movie where the government disappears people because of literal computer bugs

    • monarch@lemm.ee
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      1 day ago

      And remember that applies to your fed cousin too. They are not the exception

      (not directing at person above me just a general thing that I have seen a lot of people say.)

  • mkwt@lemmy.world
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    1 day ago

    The implication of not applying the unknown custodian exception here is that, as of March 9, the Petitioner, detained in the United States, would not have been able to call on any habeas court. Not in Louisiana, New York, or New Jersey. And not anywhere else, either.

    That is too far. Our tradition is that there is no gap in the fabric of habeas — no place, no moment, where a person held in custody in the United States cannot call on a court to hear his case and decide it.

    Judge Michael Farbiarz, Khalil v. Joyce, et al., April 1, 2025