Thanks to @Philippicae for tagging me on just filed appeal by Trump Administration in 10th Circuit challenging Colorado district court ruling in Alien Enemy Act case. 1/
2/ Entire brief is a must read for several reasons. storage.courtlistener.com/recap/gov.usco…
3/ First, the two named plaintiffs are NOT being detained under Proclamation and have not been found to be members of tDa. As such, they cannot challenge the Proclamation or their detention under habeas on that basis. Court should have dismissed lawsuit.
4/ And if named Plaintiffs lack valid claim, they cannot represent a "putative class" of tDa members subject to withdrawal. "Putative" just means proposed or wanna-be class.
5/ Entire lawsuit should have been tossed & definitely not "class wide" relief. And as Trump Administration notes the order should qualify as an injunction subject to appeal because it extends beyond 14 days.
6/ On merits, Trump Administration highlights how in other cases, due process is met with very fast acting removals. I was not familiar with this line of authority but it is very persuasive that notice provided her is all that is due.
7/ Trump Administration highlights expedited removals in another context that provide decisions should be made in 24 hours but no more than 7 days. 
8/8 Frankly, I was concerned that the process provided wouldn't be that sufficiently "due," but this analysis has persuaded me.
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