Another federal judge on Monday blocked President Trump from deporting criminal Venezuelans under the Alien Enemies Act.
US District Judge John Holcomb, a Trump appointee, blocked Trump from deporting the Aliens from the Los Angeles area.
The judge said President Trump has the authority to deport the Venezuelans under the Alien Enemies Act, however, he must give them more adequate notice and ‘due process.’
The DOJ argued that the Venezuelan, Darwin Antonio Arevalo Millan, was not being deported under the AEA.
The judge still ruled that the Trump DOJ must give the aliens time to challenge their removals.
CBS News reported:
A judge in California on Monday blocked the Trump administration from using the wartime Alien Enemies Act to deport Venezuelan migrants in the Los Angeles area, ruling that the government hasn’t promised adequate due process.
The ruling by U.S. District Judge John Holcomb — who was nominated by President Trump in 2019 — is the latest to limit the administration’s controversial practice of rapidly deporting people accused of being members of the gang Tren de Aragua under the 1798 law, which allows removals of during an “invasion” or “predatory incursion” of the United States. Courts in three other states have also blocked Alien Enemies Act removals, though under different arguments.
Holcomb’s preliminary injunction applies to most migrants who are in custody in the Central District of California, which includes Los Angeles, Orange County and several bordering areas. The judge previously issued a temporary restraining order last month.
The case reached Holcomb’s desk after a Venezuelan man named Darwin Antonio Arevalo Millan petitioned for his release last month. Arevalo says he applied for asylum but was arrested at a scheduled Immigration and Customs Enforcement check-in and told he was detained in part due to his tattoos. The government told the court that he wasn’t detained under the Alien Enemies Act, but Holcomb concluded that Arevalo still “faces an imminent threat of removal” under Mr. Trump’s order invoking the law.
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