The court rejected the government's request for an emergency stay and a writ of mandamus, asserting that these requests were premature. The ruling underscored the importance of due process, stressing that the government cannot detain residents without providing fair legal representation. The court acknowledged the executive's role but insisted on constitutional safeguards, particularly in the context of Abrego Garcia, who the government alleged was linked to terrorism. The ruling affirms that even individuals with questionable backgrounds retain rights to due process, especially when past errors, such as wrongful deportation, are acknowledged.
The government is asserting a right to stash away residents of this country in foreign prisons without the semblance of due process that is the foundation of our constitutional order.
The government claims that because it has rid itself of custody that there is nothing that can be done. This should be shocking not only to judges, but to the intuitive sense of liberty that Americans far removed from courthouses still hold dear.
If the government is confident of its position, it should be assured that position will prevail in proceedings to terminate the withholding of removal order.
The Supreme Court's decision rightly requires the lower federal courts to give due regard for the deference owed to the Executive Branch in the conduct of foreign affairs.
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