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Cake day: June 18th, 2023

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  • The implication of not applying the unknown custodian exception here is that, as of March 9, the Petitioner, detained in the United States, would not have been able to call on any habeas court. Not in Louisiana, New York, or New Jersey. And not anywhere else, either.

    That is too far. Our tradition is that there is no gap in the fabric of habeas — no place, no moment, where a person held in custody in the United States cannot call on a court to hear his case and decide it.

    Judge Michael Farbiarz, Khalil v. Joyce, et al., April 1, 2025














    1. The judge was really pissed off. He is requiring sworn affidavits that prove that everyone on plane #3 has some valid basis for removal that is not AEA.

    2. The government argues that planes #1 and #2 departed before the written order was entered (judge gave the oral order in court at around 6:45, written order about 45 minutes later). They listed some cases about validity of oral bench injunctions.

    3. The government is pissed off with the judge. They filed these really extraordinary emergency appeals in the middle of the night in the weekend. Normally, you can’t appeal a TRO, because they’re so temporary. They wanted the appeals court to judicially bitch slap the district judge, but that didn’t happen. The appeals court is instead going to consider the appeal on an expedited, but still normalish briefing schedule.

    Overall, some very exciting litigation filings going on in all of these cases, and a bunch of pissed off judges.

    You can check out the Venezuelan case here and here. And Mahmoud Khalil’s habeas petition here, where Khalil’s lawyers just seriously impeached the credibility of Joyce’s sworn affidavits.



  • For any non citizen, non LPR (green card), the border official at the desk holds the final authority on whether to admit. This is true with a visa or without one. US visas (not green cards) can be effectively cancelled at the border with no notice.

    All visitors to the US, visa or no, must overcome a presumption of immigrant intent at the border interview each time they visit.

    Unfortunately, the whole story seems to be legal. I would recommending thru hiking in some less shit hole countries.





  • It’s not just lawmakers. There’s a bunch of lawsuits trying to use the federal courts to figure out:

    • What is DOGE in the federal government?
    • What is the nature of the “DOGE Temporary Organisation?”
    • Who is in charge of DOGE? (Definitely not Musk, officially…)
    • Why can DOGE make all these consequential personnel decisions up and down the federal government?

    These are all things that have been shrouded in secrecy, obfuscation, and contradiction. Because the truth is that the real answers are not legally sound. The fact that these people are scared to say the real truth is a good sign, because it means they still have some fear of the courts and institutions. Those institutions still have some power to mess up the plan.