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As expected, the Trump administration filed a brief at the United States Supreme Court, asking for the justices’ permission to resume deportation flights of illegal aliens who are members of Venezuelan criminal gang Tren de Aragua, via flights to El Salvador, using the Alien Enemies Act.
The only way this could happen is if the Supreme Court agreed to reverse Judge James Boasberg’s order of Saturday, March 16th.
Obama didn’t wait long to appoint Chief U.S. district Judge James Boasberg, who quickly scuttled the efforts. He issued a temporary restraining order to prevent the deportation of any Venezuelans. But he also ordered the planes (or planes? It’s unclear which) to return the gangsters to the U.S.
Even before the president signed the order, the actions against him began.
The Federalist’s Professor Margot Cleveland reported that Chief Justice John Roberts asked for a response to the Government’s brief after receiving it.
Cleveland calls the filing “excellent” and “extensive”,
She says that the argument for the justices is “simple”.
Judge Boesberg lacked jurisdiction. Judge Henderson did not take into account this flaw.
On March 26, Prof Cleveland analyzed the D.C. The D.C. Circuit refused to grant a stay requested by the Trump Justice Department in the Alien Enemies Act Case:
Cleveland writes that one of these judges was also caught up by the “fatal flaw” Cleveland describes. She suggests that this case may lead to a Supreme Court reprimand of lower court judges:
On Friday, there were a number of court decisions that had no direct bearing on Team Trump’s repatriation efforts. A district court judge was considering whether to stop the removal of Venezuelan nationals whose activism on behalf of the illegal horde posed a problem, as we previously reported.
The U.S. government gave a Venezuelan illegal who had “trained” illegals in violent and illegal acts to squat on vacant houses, a return ticket home.
Florida Attorney General James Uthmeier wrote on his X page on Friday that he agreed with Cleveland’s view on the next step for SCOTUS.
AG Uthmeier wrote in a letter: “[T]his dangerous judicial terrain,” and urged the justices to act against judges who continue to issue rulings that “threaten President Trump’s authority as set forth by Article II of Constitution.”
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