Judge Fernando Rodriguez / Wikimedia Commons
Two federal judges on Wednesday blocked the removal of Venezuelan nationals and alleged TdA gang members facing deportation under the Alien Enemies Act after the Supreme Court’s ruling on the Kilmar Abrego Garcia case.
US District Judge for the Southern District of Texas, Fernando Rodriguez, Jr., a Trump appointee, issued a temporary restraining order (TRO) through April 23 or until he issues an order.
“Respondents are enjoined from transferring, relocating, or removing J.A.V., J.G.G., W.G.H., or any other person that Respondents claim are subject to removal under the Proclamation, from the El Valle Detention Center; and Respondents are enjoined from transporting such persons outside of Willacy County or Cameron County, Texas, without an Order from the Court,” Rodriguez wrote in his TRO.
Another federal judge in New York issued a TRO after two Venezuelan nationals filed a lawsuit to challenge their removal.
US District Judge Alvin Hellerstein, a Clinton appointee, blocked the removal of two alleged Tren de Aragua gang members in New York.
“And in New York, attorneys for two Venezuelan men who are currently being detained in Orange County, New York, successfully argued to block their clients’ deportations and movement outside of the state and the United States. In the case in New York, U.S. District Judge Alvin Hellerstein, appointed to the federal bench by President Bill Clinton, temporarily blocked their deportations Tuesday,” CBS News reported.
In an unsigned order, the US Supreme Court on Monday vacated Judge Boasberg’s orders barring the Trump Administration’s removals of Venezuelan gang members under the Alien Enemies Act.
The Supreme Court however, said the Administration must give reasonable notice for gang members to challenge their deportations in court.
“Importantly, as the Court stresses, the Court’s disagreement with the dissenters is not over whether the detainees receive judicial review of their transfers—all nine Members of the Court agree that judicial review is available. The only question is where that judicial review should occur. That venue question turns on whether these transfer claims belong in habeas corpus proceedings or instead may be brought under the Administrative Procedure Act. I agree with the Court’s analysis that the claims must be brought in habeas,” Justice Kavanaugh wrote in a concurring opinion.
On Tuesday morning Judge Boasberg canceled the scheduled hearing on the Alien Enemies Act, however, he gave the deported Venezuelan gang members another chance to pursue a preliminary injunction!
Boasberg seized on the Supreme Court’s position allowing the deported gang members to challenge their removal in court.
The post BREAKING: Federal Judges Temporarily Block Removals of Alleged Venezuelan Tren de Aragua Gang Members in Alien Enemies Act Case After SCOTUS Ruling appeared first on The Gateway Pundit.