Extra: After Supreme Court Vacated Stay on Alien Enemies Act Flights DOJ Opposition in SDNY

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by Matthew Russell Lee, Patreon Book Substack

SDNY COURTHOUSE, April 15 – In the wake of the Supreme Court vacating the stay on removals under the Alien Enemies Act, on April 8 a habeas corpus putative class action was filed in the U.S. District Court for the Southern District of New York.

The suit asks the Court to "enjoin Respondents from transferring Petitioners out of this district during the pendency of this litigation" and to "grant a writ of habeas corpus to Petitioners to enjoin Respondents from removing them pursuant to the [AEA] Proclamation."

The case was wheeled out to Senior Judge Alvin K. Hellerstein, who scheduled oral argument for April 9 at 10 am.

Inner City Press was there and live tweeted. At first Judge Hellerstein said his TRO would be limited to Orange County, where the two named plaintiffs are. At the end, after ICE on Rikers Island was cited, he appeared to extend it to all of SDNY. Thread.

And on April 11 he extended it to city and state custody.

On April 15 DOJ filed opposition to any preliminary injunction, arguing that "this Court's TRO improperly second-guessed the government's decision where to detain Petitioners." The filing was still "you do not have permission to view" - but photo of Table of Contents here.

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