@liticator.bsky.social
queer enby lawyer trying to make lives better. i like board games. solo poly + platonic life partner.
Note: the injunction applies to removals under the Alien Enemies Act, not deportations broadly.
06.05.2025 23:29 — 👍 0 🔁 0 💬 0 📌 0
U.S. District Court Judge Charlotte Sweeney issued an order enjoining the administration from removing civil immigration detainees from the District of Colorado. Powerful decision.
06.05.2025 23:28 — 👍 2 🔁 0 💬 1 📌 0
FILED: April 17, 2025 UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 25-1404 (8:25-cv-00951-PX) KILMAR ARMANDO ABREGO GARCIA; JENNIFER STEFANIA VASQUEZ Sasque Sury, a minor, by and through his next friend and mother, Jennifer Plaintiffs - Appellees, KRISTI NOEM; TODD LYONS; KENNETH GENALO; NIKITA BAKER; PAMELA JO BONDI; MARCO RUBIO, Defendants - Appellants. ORDER WILKINSON, Circuit Judge, with whom KING and THACKER, Circuit Judges, join: Upon review of the government's motion, the court denies the motion for an emergency stay pending appeal and for a writ of mandamus. The relief the government is requesting is both extraordinary and premature. While we fully respect the Executive's robust assertion of its Article Il powers, we shall not micromanage the efforts of a fine district judge attempting to implement the Supreme Court's recent decision.
It is difficult in some cases to get to the very heart of the matter. But in this case, it is not hard at all. The government is asserting a right to stash away residents of this country in foreign prisons without the semblance of due process that is the foundation of our constitutional order. Further, it claims in essence that because it has rid itself of custody that there is nothing that can be done. This should be shocking not only to judges, but to the intuitive sense of liberty that Americans far removed from courthouses still hold dear. The government asserts that Abrego Garcia is a terrorist and a member of MS-13. Perhaps, but perhaps not. Regardless, he is still entitled to due process. If the government is confident of its position, it should be assured that position will prevail in proceedings to terminate the withholding of removal order. See 8 C.F.R. § 208.24(f) (requiring that the government prove "by a preponderance of evidence" that the alien is no longer entitled to a withholding of removal). Moreover, the government has conceded that Abrego Garcia was wrongly or "mistakenly" deported. Why then should it not make what was wrong, right? The Supreme Court's decision remains, as always, our guidepost. That decision rightly requires the lower federal courts to give "due regard for the deference owed to the Executive Branch in the conduct of foreign affairs." Noem v. Abrego Garcia, No. 24A949, slip op. at 2 (U.S. Apr. 10, 2025); see also United States v. Curtiss-Wright Exp. Corp., 299 U.S. 304, 319 (1936). That would allow sensitive diplomatic negotiations to be removed from public view. It would recognize as well that the "facilitation" of Abrego Garcia's return leaves the Executive Branch with options in the execution to which the courts in 2
![accordance with the Supreme Court's decision should extend a genuine deference. That
decision struck a balance that does not permit lower courts to leave Article II by the
wayside.
The Supreme Court's decision does not, however, allow the government to do
essentially nothing. It requires the government "to 'facilitate' Abrego Garcia's release from
custody in El Salvador and to ensure that his case is handled as it would have been had he
not been improperly sent to El Salvador." Abrego Garcia, supra, slip op. at 2. "Facilitate"
is an active verb. It requires that steps be taken as the Supreme Court has made perfectly
clear. See Abrego Garcia, supra, slip op. at 2 (*[T]he Government should be prepared to
share what it can concerning the steps it has taken and the prospect of further steps."). The plain and active meaning of the word cannot be diluted by its constriction, as the
government would have it, to a narrow term of art. We are not bound in this context by a
definition crafted by an administrative agency and contained in a mere policy directive. Cf.
Loper Bright Enters. v. Raimondo, 603 U.S. 369, 400 (2024); Christensen v. Harris Cnty.,
529 U.S. 576, 587 (2000). Thus, the government's argument that all it must do is "remove any domestic barriers to [Abrego Garcia's] return," Mot. for Stay at 2, is not well taken in light of the Supreme Court's command that the government facilitate Abrego Garcia's
release from custody in El Salvador.
"Facilitation" does not permit the admittedly erroneous deportation of an individual
to the one country's prisons that the withholding order forbids and, further, to do so in disregard of a court order that the government not so subtly spurns. "Facilitation" does not
sanction the abrogation of habeas corpus through the transfer of custody to foreign](https://cdn.bsky.app/img/feed_thumbnail/plain/did:plc:on5oeywiqx32fh2zau473wz6/bafkreif6pocyx4rgvdhbv2b6yc6y4hfhlvyvgn23sl55brwzoy52iym5yi@jpeg)
accordance with the Supreme Court's decision should extend a genuine deference. That decision struck a balance that does not permit lower courts to leave Article II by the wayside. The Supreme Court's decision does not, however, allow the government to do essentially nothing. It requires the government "to 'facilitate' Abrego Garcia's release from custody in El Salvador and to ensure that his case is handled as it would have been had he not been improperly sent to El Salvador." Abrego Garcia, supra, slip op. at 2. "Facilitate" is an active verb. It requires that steps be taken as the Supreme Court has made perfectly clear. See Abrego Garcia, supra, slip op. at 2 (*[T]he Government should be prepared to share what it can concerning the steps it has taken and the prospect of further steps."). The plain and active meaning of the word cannot be diluted by its constriction, as the government would have it, to a narrow term of art. We are not bound in this context by a definition crafted by an administrative agency and contained in a mere policy directive. Cf. Loper Bright Enters. v. Raimondo, 603 U.S. 369, 400 (2024); Christensen v. Harris Cnty., 529 U.S. 576, 587 (2000). Thus, the government's argument that all it must do is "remove any domestic barriers to [Abrego Garcia's] return," Mot. for Stay at 2, is not well taken in light of the Supreme Court's command that the government facilitate Abrego Garcia's release from custody in El Salvador. "Facilitation" does not permit the admittedly erroneous deportation of an individual to the one country's prisons that the withholding order forbids and, further, to do so in disregard of a court order that the government not so subtly spurns. "Facilitation" does not sanction the abrogation of habeas corpus through the transfer of custody to foreign
![detention centers in the manner attempted here. Allowing all this would "facilitate" foreign
detention more than it would domestic return. It would reduce the rule of law to lawlessness
and tarnish the very values for which Americans of diverse views and persuasions have
always stood.
The government is obviously frustrated and displeased with the rulings of the court.
Let one thing be clear. Court rulings are not above criticism. Criticism keeps us on our toes
and helps us do a better job. See Cooper v. Aaron, 358 U.S. 1, 24 (1958) (Frankfurter, J.,
concurring) (*Criticism need not be stilled. Active obstruction or defiance is barred.").
Court rulings can overstep, and they can further intrude upon the prerogatives of other
branches. Courts thus speak with the knowledge of their imperfections but also with a sense
that they instill a fidelity to law that would be sorely missed in their absence.
"Energy in the [E]xecutive" is much to be respected. FEDERALIST No. 70, at 423
(1789) (Alexander Hamilton) (Clinton Rossiter ed., 1961). It can rescue government from
its lassitude and recalibrate imbalances too long left unexamined. The knowledge that
executive energy is a perishable quality understandably breeds impatience with the courts.
Courts, in turn, are frequently attuned to caution and are often uneasy with the Executive
Branch's breakneck pace.
And the differences do not end there. The Executive is inherently focused upon
ends; the Judiciary much more so upon means. Ends are bestowed on the Executive by
electoral outcomes. Means are entrusted to all of government, but most especially to the
Judiciary by the Constitution itself.
4](https://cdn.bsky.app/img/feed_thumbnail/plain/did:plc:on5oeywiqx32fh2zau473wz6/bafkreiavtknxhpsdq57qlehxy4qjdzb3po4ciaottrqegiibfdowp3mrfm@jpeg)
detention centers in the manner attempted here. Allowing all this would "facilitate" foreign detention more than it would domestic return. It would reduce the rule of law to lawlessness and tarnish the very values for which Americans of diverse views and persuasions have always stood. The government is obviously frustrated and displeased with the rulings of the court. Let one thing be clear. Court rulings are not above criticism. Criticism keeps us on our toes and helps us do a better job. See Cooper v. Aaron, 358 U.S. 1, 24 (1958) (Frankfurter, J., concurring) (*Criticism need not be stilled. Active obstruction or defiance is barred."). Court rulings can overstep, and they can further intrude upon the prerogatives of other branches. Courts thus speak with the knowledge of their imperfections but also with a sense that they instill a fidelity to law that would be sorely missed in their absence. "Energy in the [E]xecutive" is much to be respected. FEDERALIST No. 70, at 423 (1789) (Alexander Hamilton) (Clinton Rossiter ed., 1961). It can rescue government from its lassitude and recalibrate imbalances too long left unexamined. The knowledge that executive energy is a perishable quality understandably breeds impatience with the courts. Courts, in turn, are frequently attuned to caution and are often uneasy with the Executive Branch's breakneck pace. And the differences do not end there. The Executive is inherently focused upon ends; the Judiciary much more so upon means. Ends are bestowed on the Executive by electoral outcomes. Means are entrusted to all of government, but most especially to the Judiciary by the Constitution itself. 4
This is a good Fourth Circuit opinion, and a worthwhile read. storage.courtlistener.com/recap/gov.us...
17.04.2025 20:18 — 👍 759 🔁 144 💬 15 📌 10People keep saying Senator Booker's filibuster was meaningless and people who were moved by it are naive and gullible but I lived and organized in a south where this record stood and slavery and Jim Crow cast a long shadow and I tell you Booker taking that record means something.
02.04.2025 00:52 — 👍 2956 🔁 492 💬 4 📌 18
Are you listening? It’s the least you can do.
Powerful, substantive, passionate. A clarion call to stand.
www.youtube.com/live/rCUK2Vb...
picard beats q in another encounter when, upon challenged to play a game with him, finds the most european board game he can to bore q into leaving
25.02.2025 07:47 — 👍 294 🔁 61 💬 9 📌 1One thing that is absolutely unfathomable to me is the people who will treat you like shit then accuse you of being “rude” when you react. Fuck yes I am RUDE. To toxic men, to fascists, to capitulating cowards. Politeness has nothing to do with morality. Being nice is out.
07.11.2024 18:28 — 👍 2 🔁 0 💬 0 📌 0I am already regretting this joint trip with @codehovel.bsky.social 🫠
22.09.2024 11:57 — 👍 1 🔁 0 💬 0 📌 0Pardon 🔥🤯🔥
20.07.2024 14:10 — 👍 1 🔁 0 💬 1 📌 0it might take u a long time to learn, like at least 4 days, but if u try i am sure u 2 can write good opinions like this 😁
11.07.2024 19:09 — 👍 0 🔁 0 💬 0 📌 0I’ve explained until I’m blue in the face why this is the most destructive SCOTUS decision in many years, even counting the overturn of Roe, but watching non-lawyers realizing why is wild. People are talking about the US becoming a monarchy but actually it is veering strongly toward kritocracy.
04.07.2024 20:56 — 👍 1 🔁 0 💬 0 📌 0This is literal years in the making. I quit after some horrifically misleading pieces about COVID and their like fifth major anti-trans op-ed. NYT is garbage.
04.07.2024 14:47 — 👍 3 🔁 1 💬 0 📌 0It’s also a weird way to poll because it isn’t clear to me how people who were never going to vote for him should answer. Or people who would have voted for him either way.
27.06.2024 00:28 — 👍 11 🔁 0 💬 1 📌 0That's one way to disarm the police
21.06.2024 15:46 — 👍 3400 🔁 897 💬 35 📌 7so true bestie 🥺🇺🇸
17.06.2024 14:14 — 👍 0 🔁 0 💬 0 📌 0What if you talked to yourself the same way you spoke to your pets? All the love, all the compliments, all the patience, all the curiosity? What of you criticized yourself as rarely as you criticized them?
Really, tell me what you think would happen? How would your relationship to yourself change?
I wish we were watching Disco together so I could get your commentary live 😂
23.05.2024 15:33 — 👍 0 🔁 0 💬 0 📌 0I’m sure it is, if you are expecting it!
04.04.2024 21:25 — 👍 23 🔁 0 💬 0 📌 0Drip coffee is so American that it's difficult to find other places (not like, Canada and Mexico, but ~abroad~). Still remembering the time I eagerly ordered an "iced coffee" in Prague and was served...ice cream with a shot of espresso.
04.04.2024 21:17 — 👍 20 🔁 0 💬 3 📌 0
ACLU sues Children’s Hospital Colorado for halting adult gender-affirming surgeries www.denverpost.com/2024/02/14/a...
14.02.2024 19:48 — 👍 1 🔁 1 💬 0 📌 0
Some lawyers would argue that you should get started BEFORE the $83.3 million verdict and possibly even before trial.
27.01.2024 00:39 — 👍 2813 🔁 350 💬 123 📌 28Every time I see a regressively religious person with a crazy number of kids I smile inside knowing at least a couple of them are gonna be gay as hell.
31.10.2023 11:53 — 👍 48 🔁 6 💬 2 📌 0I come seeking asylum from the cursed bird app.
08.08.2023 16:32 — 👍 5 🔁 0 💬 0 📌 0
