The judge of the Supreme Court, Samuel Alito, issued a dissident opinion after the Supreme Court temporarily arrested the planned deportations of the Trump administration of Venezuelan migrants who are accused of being the foreigner and the action of 1798. Gangs.
In a five -page dissent, Alito, together with the Judge of the Supreme Court, Clarence Thomas, wrote that the Supreme Court had “hurriedly and prematurely granted an unprecedented emergency relief,” according to the New York Times. Alito explained that “he refused to join the court order” because the Supreme Court “did not have a good reason to think that, under the circumstances, issue an order at midnight was necessary or appropriate.”
Alito’s dissent occurs after the Supreme Court ordered the Trump administration that “no member of the alleged class of detainees in the United States.”
“Shortly after midnight yesterday, the Court has been hurriedly and prematurely an unprecedented emergency relief,” the judges wrote in their opinion. “Processing under the law of all writings, 28 USC § 1651, the court ordered ‘[t]The government ‘not to eliminate a’ alleged class of detenise ‘until this court issues an order of overcoming. “
Alito continued to observe that the Supreme Court issued this decision, thought that “it was not clear that the court had jurisdiction.”
“The law of all writings does not provide an independent subsidy of jurisdiction,” Alito continued. “See 28 USC §1651 (a) (allowing the writings ‘necessary or appropriate in the aid of’ the jurisdiction of a court); Clinton v. Goldsmith526 US 529, 534-535 (1999) (‘The express terms’ of the law of all writings’ limits the power of [a court] to the issuance of the process ‘in the aid of’ its existing legal jurisdiction; The law does not extend that jurisdiction ‘(citing §1651 (a)). “
Alito added that it was also “questionable if the applicants complied with the general obligation to seek an emergency relief in the district court before requesting such relief from an appeal court.”
“When this Court hastened to enter its order, the Court of Appeals was considering the question of emergency relief, and they informed us that a decision would be made,” Alito added. “This court, however, refused to wait.”
Alito continued:
In summary, literally in the middle of the night, the court issued an unprecedented and legally questionable relief without giving the lower courts the opportunity to govern, without taking into account the opposite party, within the or eight support made for its support.
The Order of the Supreme Court occurred after the lawyers of the Union of Civil Liberties (ACLU) of Venezuelan migrants who have been accused of being members of ADD, and who are detained in a Texas detention center, asked the Court to Court to “members” not to be sent to prison in El Salvador, without having due process.
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ABC News reported that ACLU’s lawyers had submitted a document entitled “Notice and order of apprehension and elimination under the Aien Enemies Law,” which accused Venezuelan migrants of being “a member of the train of Aragua”:
In a judicial presentation on Friday, the lawyers presented a document that they say is the notice that their clients received on Friday from immigration officials.
The document, entitled “Notice and order of apprehension and elimination under the Law of Alien Enemies,” he says, “he has decided to be … a member of the Aragua train.”
“You have a determined leg to be an enemy of others subject to the apprehension, reverse and elimination of the United States,” says the warning. “This is not an elimination under the immigration and nationality law.”
In addition to requesting that Boasberg issues a temporary resting order, ACLU lawyers “increased challenges in three different courts within five hours on Friday,” according to the New York Times:
The lawyers began with an emergency presentation at the Federal District Court in Abilene, Texas, in which they affirmed that the officers of the Bluebonnet detention center in Anson had begun to distribute notices to the Venezuelan immigrants who informed the such courier Astememe.
They asked Judge James Wesley Hendrix, who supervises the case, which issues an immediate order that protects all migrants in the northern district of Texas that could deport themselves under the Alien enemies law. When Judge Hendrix did not grant his application quickly, and then completely rejected it, the lawyers submitted a request similar to the United States Court of Appeals for the fifth circuit in New Orleans.
The order of the Supreme Court occurs after the Court, in a 5-4 decision, raised a block of Boasberg that had prevented the Trump administration from deporting alleged illegal members of alien gangs under the law of alien alien enemies.