So, here are some interesting tidbits from today's hearing in the Mahmoud Khalil case, courtesy of .@innercitypress- the best court coverage reporter in the biz by far!
The small Good news first: the docket will be made public! Huray for 1st amendment right to access to court records!
The not so good news -- a 🧵
The small Good news first: the docket will be made public! Huray for 1st amendment right to access to court records!
The not so good news -- a 🧵
As I said before, this is an immigration habeas corpus petition and those are very squirrely.
This is not a deportation case and the judge cannot and has not blocked Mr. Khalil's deportation on the merit -- the judge blocked his removal temporarily only to preserve jurisdictional issues. He really does not need to do so, because Mr. Khalil is a LPR and until there is a final order of removal, he remains so and cannot be removed.
This is not a deportation case and the judge cannot and has not blocked Mr. Khalil's deportation on the merit -- the judge blocked his removal temporarily only to preserve jurisdictional issues. He really does not need to do so, because Mr. Khalil is a LPR and until there is a final order of removal, he remains so and cannot be removed.
According to the reporting, the AUSA represented that Mr. Khalil has been served with a Notice to Appear (NTA) that initiated removal proceedings against him in Jena where he is currently detained by ICE. Meaning, he was served with the formal "charging" document that sets forth the facts [very, very abbreviated] in support of his removal proceedings and the INA provisions invoked to strip him of his green card. Let me say this -- unless his attorneys manage to get him transferred back to NYC or somehow get him released -- his removal proceedings will be conducted in Jena and under 5th Cir law. Having had the misfortune to do many cases in the shithole that is la Salle IC, I would not want this case there. It could be worse but ... just sayin'
But back to today's hearing. The issue de jour is the district court's jurisdiction and sounds like it is gonna come down to counting minutes.
Lemme explain: for habeas where the person resides or has ties is irrelevant. The jurisdiction of the court depends on two things: who is the physical custodian, the jailer, and where is the body. Ergo, jurisdiction vests and is determined as of the precise time of filing -- if at that time the person was in custody within the jurisdiction of SDNY -- then where the person is transferred post-filing does not necessarily defeat jurisdiction. (Not gonna go into the weeds on that).
Here the petition says he was in NYC at the time of filing coz counsel checked the ICE detainee locator and it showed that Mr. Khalil was in the basement of the local ICE field office.
But today, AUSA told the judge -- nope! when petition was filed he was already in NJ (probably at the Elizabeth detention center).
There should be clear and unambiguous records on that. If Petitioner side only have the ICE detainee locator -- the're cooked. But if ICE only comes back w the I-213 and nothing else, they are done and this judge will throw the book at them.
Lemme explain: for habeas where the person resides or has ties is irrelevant. The jurisdiction of the court depends on two things: who is the physical custodian, the jailer, and where is the body. Ergo, jurisdiction vests and is determined as of the precise time of filing -- if at that time the person was in custody within the jurisdiction of SDNY -- then where the person is transferred post-filing does not necessarily defeat jurisdiction. (Not gonna go into the weeds on that).
Here the petition says he was in NYC at the time of filing coz counsel checked the ICE detainee locator and it showed that Mr. Khalil was in the basement of the local ICE field office.
But today, AUSA told the judge -- nope! when petition was filed he was already in NJ (probably at the Elizabeth detention center).
There should be clear and unambiguous records on that. If Petitioner side only have the ICE detainee locator -- the're cooked. But if ICE only comes back w the I-213 and nothing else, they are done and this judge will throw the book at them.
Hold the phone! Forget about today's hearing for now. .@MattArchambeau1 just sent the link to the actual NTA the idiots issued and filed in Mr. Khalil's case. OMG!
This is too much.
despite the fact that he entered with a student visa they put in that he was "admitted" on an unknown date at an unknown place and in an unknown manner [basically saying he was admitted as a EWI 💯] or that he adjusted his status (got a green card) under 212(a)3(C) [he adjusted his status under the provision of the law that renders him inadmissible [I know they just missed the "in violation of"] but honestly you can't make this shit up if you tried.
washingtonpost.com/documents/8a3c…
This is too much.
despite the fact that he entered with a student visa they put in that he was "admitted" on an unknown date at an unknown place and in an unknown manner [basically saying he was admitted as a EWI 💯] or that he adjusted his status (got a green card) under 212(a)3(C) [he adjusted his status under the provision of the law that renders him inadmissible [I know they just missed the "in violation of"] but honestly you can't make this shit up if you tried.
washingtonpost.com/documents/8a3c…
@MattArchambeau1 This is way too good, so I'm gonna savour and pounce a bit on this!
Here is the chef-d'œuvre the brain trust at ICE p***ed out!
Here is the chef-d'œuvre the brain trust at ICE p***ed out!
But the same NTA conclusively shows that it was singed on 3-9 at 4:41AM in NYC -- so he was still in New York at that time. when was the petition filed?
here is the bottom on the NTA w the e-signature trace:
I take it back! Govt has no chance. They are way too stupid to fight this fight.
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