Minnesota-based federal judges are finding workarounds for their defeat at the appeals court-level in a recent habeas corpus case.
Some 27 habeas corpus cases have been filed since March 25, when the 8th circuit appeals overturned a district court decision finding that illegal aliens in ICE custody were eligible for release in nearly all instances.
Since then, judges have found ways to release three ICE detainees using other means. Most recently (File No. 26-cv-2090), federal Judge Jerry Blackwell (Biden-appointee) ordered the release of Lihn H. Vu, a Vietnamese citizen. In his order (p. 1) Judge Blackwell admits,
Petitioner [Vu] does not challenge his removal order or the decision to commence
removal proceedings.
That should have ended the matter. Instead Judge Blackwell spends another nine pages before concluding that ICE/DHS executed the paperwork in an incorrect order. Yet Blackwell insists (p. 7), “These are not technical defects.”
Judge Jeffrey Bryan (Biden appointee) found a similar technicality in another case (File No. 26-c-2003). In a third instance, Judge Bryan also appears to have ignored the government’s response in declaring default judgement for the illegal alien.
It’s a bizarre combination of the children’s game “Mother May I” and Catch-22. District judges have decided (with no basis in law) that they have the power to micromanage the day-to-day operations of the executive branch processing illegal aliens.
Whatever ICE and DHS choose to do, the judges will declare it incorrect, without providing a roadmap of the “correct” sequence of events. It’s a no-win situation.
