Senior editor, Lawfare. Journalist. Ex-Fortune staff. Published in ProPublica, NYT, New York, New Yorker, Yahoo Finance, Air Mail, etc. rparloff on BlueSky.
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Sep 16 • 5 tweets • 2 min read
Last night, in the Ghana pass-thru case, Judge Chutkan found that the govt’s actions appeared to be part of a “pattern & widespread effort to evade [its] legal obligations by doing indirectly what it cannot do directly.” But she denied relief due to likely lack of jurisdiction ...
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She noted that immigration judges have found that the 5 plaintiffs face “persecution, torture, or death” if returned to their home countries, as one already has been. US officials allegedly told plaintiffs on planes to Ghana that they would ultimately be sent to home countries.
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Sep 13 • 5 tweets • 2 min read
Judge Chutkan just finished a phone conference hearing in D.A. v. Noem. Plaintiffs allege the govt is sending African aliens to Ghana knowing Ghana will forward them to home countries where US courts have barred govt from sending them directly ... 1/5 courtlistener.com/docket/7132371…
... due to reasonable fear of torture or persecution. Judge Chutkan fears she lacks jurisdiction—4 plaintiffs are already in Ghana & one has already been forwarded to Gambia—or that she should transfer the case to Judge Murphy in Boston as part of the DVD class action on 3d country removals. ...
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Sep 10 • 69 tweets • 16 min read
At 2pm there will be a preliminary injunction hearing in the Guatemalan children case (LGML v. Noem). I hope to live-blog here for @lawfare , as will colleague @AnnaBower on another platform. For bracing & thorough background, see Anna's piece here:
/1 lawfaremedia.org/article/the-ju…
If you recall, Judge Sparkle Sooknanan entered a temporary restraining order 8/31, barring the removals— govt calls them "reunifications"—of Guatemalan children ages 10-17. Govt has admitted intent to deport 327 children, with the first 76 booked for departure at 10:45am ET on 8/31. ...
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Sep 8 • 9 tweets • 4 min read
In weekend filing, govt admitted its shocking timeline for deporting Guatemalan children, ages 10-17. Just before midnight on Saturday, Labor Day Weekend, it told caregivers to have children prepared for departure within 2 hrs (4 if in foster care). ... 1/8
... That meant packing:
•a 40-pound suitcase
•30-day supply of prescriptions/medications
•2 sack lunches (nut-free) ... 2/8
Sep 1 • 5 tweets • 2 min read
On Thurs (while I was on vacation), @ACLU
sought full DC Circuit review of the splintered panel decision that would vacate the Judge Boasberg order that found probable cause to believe DOJ attys committed criminal contempt in the JGG case. ...
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... Recall that on 8/8 all 3 panelists agreed that Boasberg’s order was not appealable, yet 2 Trump appointees, on different theories, voted to grant mandamus. @ACLU says the outcome “would have dire consequences for the Judiciary’s ability to enforce its orders.” ...
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Jul 20 • 5 tweets • 2 min read
On Friday, in a 34-page unanimous ruling, the 1st Circuit denied govt a stay of Judge Young’s July 2 order declaring NIH’s cancellation of 100s of research contracts as “breathtakingly arbitrary & capricious.” Some interesting things...
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If you recall, Judge Young found that DOGE had “force-fed” the cancellations to NIH, drafting cancellation letters, which no NIH scientist reviewed & which the NIH director approved “within [2] minutes”. ...
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Jul 13 • 9 tweets • 4 min read
A thread about DOJ’s astoundingly misleading responses to the 27-page Reuveni letter (since backed by 150pp of corroborating texts/emails) alleging conduct approaching contempt in 3 cases: JGG, Abrego, DVD.
Let’s examine @DAGToddBlanche’s & @AGPamBondi’s responses. ...
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Reuveni’s letter says 5 others (but not Blanche) were at the 3/14/25 meeting where Bove allegedly said they “would need to consider” telling courts “fuck you.” In Blanche's denial, he claims he was present for whole meeting—but it appears he wasn’t. ...
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Jun 30 • 6 tweets • 1 min read
After today’s 5th Circuit argument in the Alien Enemies Act case WMM v Trump ( formerly AARP) it appeared that at least 2 of the 3 judges would approve the validity of Trump’s Alien Enemies Act proclamation. Unclear what due process they’ll afford targeted aliens. ...
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... Judge Andrew Oldham (Trump appointee) doubted that a court could "countermand" virtually any aspect of Trump's decree. He even doubted that aliens had a right to deny their membership in Tren de Aragua, tho SCOTUS has said they do. ...
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Jun 25 • 4 tweets • 2 min read
Emil Bove, like Blanche on X, may be evading. Reuveni wrote than on 3/14 "Bove stated that DOJ would need *to consider* telling the courts "fuck you” and ignore any such court order." So it's true Bove didn't literally order anyone to violate court orders *at that meeting* 1/3
... & it’s also true that Reuveni, later that day, after speaking to DOJ colleague Flentje, felt momentarily reassured. But it's the events that followed--laid out in detail over 27 pages--that suggest that Bove's "fuck you" comment *was* eventually carried out. ... 2/3
Jun 19 • 21 tweets • 6 min read
Tomorrow, at noon, Judge Farbiarz (DNJ) will hold a hearing on whether to release Mahmoud Khalil on bail. Khalil, in custody in Louisiana, requested the hearing 91 days ago. Since then at least 5 others similarly situated have all been released. Thread.
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Khalil is a lawful permanent resident Columbia grad student who participated in Gaza protests. No criminal record. Palestinian. On 3/8 he was detained in his lobby in NYC as he returned with his US citizen wife, who was then 8-months pregnant. ...
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Jun 12 • 64 tweets • 11 min read
Hearing in Newsom v California, the national guard case, starting at 4:30pm ET. I'll try to live-blog for @lawfare , technology permitting. ... It's on Zoom, but I think the 1000 max has already been hit. ...
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Judge Charles Breyer on bench now.
Newsom v Trump
counsel giving appearances
Nicholas Green for state AG seems to be lead.
Brett Shumate from DOJ
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Jun 12 • 6 tweets • 3 min read
In motion for civil contempt & other sanctions against govt officials, including personal fines, Abrego Garcia’s attys shoot for the moon. Here they ask Judge Xinis to order AG Pam Bondi et al. to turn over her personal devices for in camera review. ...
/1 storage.courtlistener.com/recap/gov.usco…
The motion relies on allegations of both a pattern of obstruction & specific responses inconsistent with NYT reporting & the timing of Abrego Garcia's indictment. Here, e.g., attys allege 60 days of obstructive conduct *after* SCOTUS ruling ordering facilitation of his return:
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Jun 11 • 6 tweets • 3 min read
Admitting “perfect storm of errors,” DHS has changed its story in the case of Jordin Melgar-Salmeron, the 31yo Salvadoran who, on 5/7, was deported to El Salvador 28 minutes after the US 2d Circuit Court of Appeals forbade his removal pending appeal. ...
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... Melgar-Salmeron was appealing an adverse asylum ruling. On 4/17 govt told USCA2 it would remove him unless court stayed his removal by 5/8. On 5/7, at 9:52am ET, USCA2 stayed his removal. But at 10:20am ET he was removed anyway. ...
/2 documentcloud.org/documents/2597…
Jun 10 • 6 tweets • 3 min read
In Trump’s appeal of EJ Carroll’s $83.3 million defamation verdict against him, set for oral argument June 24, Trump & DOJ have jointly moved to postpone. The request is based on a claim he & DOJ raised after appellate briefing was complete. ... 1/6 storage.courtlistener.com/recap/gov.usco…
It’s a claim under the so-called Westfall Act, which Trump/DOJ litigated before—from Sep 2020 to July 2023—but which seemed to have died then. My unofficial chronology is below. ...
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Jun 10 • 6 tweets • 2 min read
In last night’s ruling, WDTexas Judge Briones struck down Trump’s Alien Enemies Act Proclamation on ~7 grounds, including several new ones. He would also require 30-days notice to an alien before any AEA removal—most to date. Thread. ...
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... Briones, who sits in El Paso, is a Clinton apptee.
Like 3 other district judges (including one Trump appointee), he finds that the proclamation is unlawful since there was no “invasion” or “predatory incursion.” ... 2/6
Jun 9 • 6 tweets • 2 min read
On Wed at 10am the US Court of Appeals for the Second Circuit will hear Trump’s attempt—supported by DOJ—to have his appeal of his NY criminal convictions removed to the 2d Circuit. ...
Panel:
Raymond Lohier Jr (Obama)
Susan Carney (Obama)
Myrna Pérez (Biden) 1/5
Here’s the timeline. Trump tried to remove the case to federal court twice. Once before trial—denied & then Trump voluntarily dropped the appeal—and once after SCOTUS decided the immunity case, by which time the jury had already convicted. ... 2/5
Jun 4 • 5 tweets • 2 min read
Another judge just ordered govt to reveal its deal with Bukele to attys for another alien sent to CECOT. A magistrate judge in Columbus, GA did so in the case of Venezuelan EDQC, removed on 3/15 with no opportunity to raise a fear-of-torture claim. 1/5 storage.courtlistener.com/recap/gov.usco…
... EDQC was previously identified as Edicson David Quintero Chacon, 28. He filed a habeas corpus petition on 2/10/25 while in custody at Stewart Detention Center in Lumpkin, GA. He was removable to Venezuela, but Venezuela wouldn’t take him. ...
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Jun 3 • 12 tweets • 4 min read
Some notes on Judge John Holcomb’s Alien Enemies Act ruling yesterday, which granted a district-wide (CDCal) injunction against AEA removals until the govt commits to meaningful due process, but also UPHELD Trump’s use of the AEA. ...
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... As Holcomb notes, his is the most deferential-to-the-president ruling yet. He concludes that “the AEA’s grant of authority to the President is close to ‘unlimited.’” He is 2d to uphold Trump’s invocation of the AEA, but the only one to take this hands-off approach. ....
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Jun 3 • 7 tweets • 2 min read
Attys for Jordin Melgar Salmeron, who was removed to El Salvador 5/7 in violation of an order of the US Court of Appeals for the 2d Circuit, asked that court last night to order govt to “actively facilitate” his return & to appoint a special master ...
/1 documentcloud.org/documents/2595…
... Melgar Salmeron contends he’ll face torture, corporal punishment, or death in El Salvador. The Bureau of Immigration Appeals denied his claim & he appealed to USCA2 in Nov 2023. At *govt’s* request, his case was then paused for 482 days while ...
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May 26 • 16 tweets • 6 min read
On Friday, a 2d judge—a George W. Bush appointee—struck down in its entirety a 2d of the Trump executive orders aimed at deterring law firms from representing causes that Trump disagrees with. It's well-written. Thread. ...
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Judge John D. Bates’s north star is the 1943 SCOTUS ruling that struck down—in the midst of WWII—a state law conditioning public school attendance on pledging allegiance to the flag: “[N]o official ... can prescribe what shall be orthodox” ...
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May 21 • 12 tweets • 4 min read
This morning, at 11am, Judge Brian Murphy will resume a hearing on whether the Trump Adm violated his preliminary injunction by sending aliens to South Sudan (not their homes) without notice & opp to challenge. Here’s the backdrop: ...
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The hearing comes in a class action filed for aliens who have final orders of removal to home countries where, for various reasons, they can’t be removed. E.g., some have been granted legal protection from return due to fears of facing persecution, torture, or death. ... /2