There they go again…there seems to be something about the Supreme Court and abrupt Friday rulings regarding the Trump administration’s deportation efforts. In an eight-page per curiam order issued Friday afternoon, the high court vacated the 5th Circuit’s decision (dismissing the appeal of petitioner-detainees) and sent the case back to the 5th Circuit for further review of their appeal.
In doing so, the court reiterated that detainees subject to removal under the Alien Enemies Act (AEA) are entitled to proper notice and, without specifying what that notice should be, affirmed that “notice roughly 24 hours before removal, devoid of information about how to exercise due process rights to contest that removal, surely does not pass muster.”
This is going to be a rather tortured procedural history to lay out here, but before I do, I want to make several…
