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sensibleblu.bsky.social
@sensibleblu.bsky.social
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reichlinmelnick.bsky.social
Despite admitting to having illegally sent a guy to El Salvador by mistake, and even though the U.S. is paying El Salvador to indefinitely imprison him, the DOJ is arguing that, well, nothing to do, it's not in our hands anymore. The general tone of their response is "welp, sucks to be him."
But there is no jurisdiction in habeas. Plaintiffs admit—as they must—that the United States does not have custody over Abrego Garcia. They acknowledge that there may be “difficult questions of redressability” in this case, reflecting their recognition that Defendants do not have “the power to produce” Abrego Garcia from CECOT in El Salvador. Mem. Supp. TRO Mot. 2. But even more, they concede that Abrego Garcia is not in Defendants’ custody. Id. (asking the Court to order Defendants to “request that the government of El Salvador return Plaintiff to Defendants’ custody”). Despite their allegations of continued payment for Abrego Garcia’s detention, Plaintiffs do not argue that the United States can exercise its will over a foreign sovereign. The most they ask for is a court order that the United States entreat—or even cajole—a close ally in its fight against transnational cartels. This is not “custody” to which the great writ may run. This Court therefore lacks jurisdiction.
April 1, 2025 at 3:03 AM