The Supreme Court ruled that the case was accidentally brought to Washington, not where illegal immigrants were detained.
A federal judge whose order prevented the Department of Homeland Security from deporting alleged gang members was recently invalidated by the Supreme Court, has cancelled a hearing that could lead to an extension of the order.
On April 8, US District Judge James Boasberg was scheduled to support and agree to the interim injunction against the government, citing the Supreme Court’s lawsuit in cancelling a scheduled hearing scheduled for Tuesday in Washington.
“If the court was exempt from yesterday’s court toros, the Supreme Court held that the plaintiff would not be deported under the alien enemy laws, even if they had no opportunity to challenge the removal in federal courts. They also held that the appropriate location for such a case is the Southern District of Texas, or the location where the plaintiff is currently being held,” wrote Boasberg. “Therefore, this court has ordered… today’s preliminary hearing is open.”
Compared to temporary restraining orders, preliminary injunctions are usually maintained for a longer period of time until the court decides on a case in favour of the parties.
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The judge also directed Venezuelans who sued the administration by April 16 to let him know if they “go forward to a temporary injunction in this court and believe there is a basis for proposing a briefing schedule if so.”
The case comes after government lawyers notified Boasburg of the Supreme Court decision.
“According to the Supreme Court’s decision, any claim for a plaintiff’s interim injunction should be denied and this case should be dismissed due to a lack of jurisdiction. Furthermore, the Supreme Court’s decision excludes any basis for indicating the cause of this Court.
The plaintiff’s lawyers have not yet filed a filing since the decision from the country’s Supreme Court.
Government officials, including the Department of Homeland Security’s Department of Christie Noem, celebrated the ruling on Monday.
A Venezuelan lawyer told Boasberg in the lawsuit that alien enemy laws are being used inappropriately against the citizens of Venezuela, saying that the United States is not at war, has not invaded the United States, and has not launched a predatory invasion into the United States.”
