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re: It seems Mamoud khalil will likely win his immigration court hearing.
Posted on 4/11/25 at 5:58 pm to NC_Tigah
Posted on 4/11/25 at 5:58 pm to NC_Tigah
quote:
and?
I think the right result was reached. It bothers me when law enforcement has to lie to reach it.
Visas and Green Cards are revoked only by the Secretary of State. When arrested, Khalil was told he was being arrested "because his student visa had been revoked." The arresting officers didn't even know Khalil had a Green Card. They told him, "WE'RE revoking that too."
Only the Secretary of State can revoke Green Cards. Obviously, he hadn't before Khalil's March 8 arrest.
They didn't have the power to arrest him for his student visa having been revoked, because that was irrelevant. Khalil was still a legal alien because the State Department has granted him a Green Card.
This is the reason that the memo from Rubio wasn't dated. Not an enormous deal, but sticks in my craw.
Posted on 4/11/25 at 5:58 pm to Pandy Fackler
quote:
Yes, an immigration judge is a federal judge. However a federal court judge in New York or New Jersey will hear other aspects of his case, such as his first amendment rights or lack there of.
No dummy. It goes to the BIA. You sure do think you know a lot about stuff you know nothing about.
Posted on 4/11/25 at 5:58 pm to Pandy Fackler
The New Jersey court lacks jurisdiction. That case will soon be transferred rightfully to the Western District of Louisiana, Alexandria Division. Any appeals will the go to the New Orleans based US Fifth Circuit.
Sorry to burst your bubble.
Sorry to burst your bubble.
Posted on 4/11/25 at 6:02 pm to Riverside
quote:
The New Jersey court lacks jurisdiction. That case will soon be transferred rightfully to the Western District of Louisiana, Alexandria Division. Any appeals will the go to the New Orleans based US Fifth Circuit.
Sorry to burst your bubble.
Thanks for answering this. It makes sense. As I understand it, you have to exhaust immigration court remedies before you can apply for habeas relief with a federal district court.
Posted on 4/11/25 at 6:11 pm to IvoryBillMatt
quote:
Thanks for answering this. It makes sense. As I understand it, you have to exhaust immigration court remedies before you can apply for habeas relief with a federal district court.
Well he has a habeas case right now pending in New Jersey.
Posted on 4/11/25 at 6:12 pm to Pandy Fackler
quote:I assumed you meant what you said. Apparently I was wrong?
he'll soon sit in front of an federal judge.
----
He already has.
Don't be foolish.
----
You probably know what I mean, but maybe you don't
Posted on 4/11/25 at 6:14 pm to Pandy Fackler
quote:
Well he has a habeas case right now pending in New Jersey.
I absolutely love that you are still tripling down. A smarter man would have said: “I clearly misunderstood the law.” But no. Not you. You keep going. Beautiful. No coming back from this. You won’t be posting here in two months. Book it.
Posted on 4/11/25 at 6:14 pm to Pandy Fackler
quote:
Well he has a habeas case right now pending in New Jersey.
I know. I didn't see where the DOJ filed a motion to dismiss as premature because Administrative Remedies (immigration court) hadn't been exhausted.
Watching LSU baseball. Will check when I can.
Posted on 4/11/25 at 6:15 pm to Pandy Fackler
quote:
Well he has a habeas case right now pending in New Jersey.
Posted on 4/11/25 at 6:19 pm to NC_Tigah
quote:
Well he has a habeas case right now pending in New Jersey.
Here's the AI answer maybe it's wrong.
"Yes, Mahmoud Khalil does have a habeas corpus case. His lawyers filed a petition for a writ of habeas corpus in New Jersey federal court [1, 2, 5]. The petition challenges his arrest by Immigration and Customs Enforcement (ICE) and seeks his release, arguing the arrest violated his First Amendment rights. The New Jersey court has agreed to hear the case, and the government is appealing to have it moved to Louisiana, where Khalil was eventually transferred"
Maybe it'll get transferred to Louisiana, maybe not. But right now, it's New Jersey.
This post was edited on 4/11/25 at 6:21 pm
Posted on 4/11/25 at 6:20 pm to Pandy Fackler
quote:
Maybe it'll get transferred to Louisiana, maybe not. But right now, it's New Jersey.
Which is illegal.
Posted on 4/11/25 at 6:25 pm to Turbeauxdog
quote:
quote:
Maybe it'll get transferred to Louisiana, maybe not. But right now, it's New Jersey.
Which is illegal.
I really don't know. What I do know is that he has a pending habeas case. I haven't researched who or what decides where it's heard.
Posted on 4/11/25 at 6:28 pm to Pandy Fackler
quote:
I really don't know.
I know enough for both of us and you could know too if you have the combination of 45 seconds of free time and an ounce of intellectual curiosity.
My guess is you're flush with the former and lean with the latter.
This post was edited on 4/11/25 at 6:28 pm
Posted on 4/11/25 at 6:28 pm to notsince98
Finish this guy and then go after Rep Brother Fricker Talib
Posted on 4/11/25 at 6:28 pm to notsince98
quote:
nah. Executive branch has authority to deport a non-citizen for any reason they want w/out due process.
Is this true? I know what the alien act and the sedition act is but didn’t know that’s what it says.
Ignoring my opinions on this particular case, that seems like a lot of unfettered power to give one person
Posted on 4/11/25 at 6:32 pm to Turbeauxdog
quote:
I know enough for both of us and you could know too if you have the combination of 45 seconds of free time and an ounce of intellectual curiosity.
My guess is you're flush with the former and lean with the latter.
Well I haven't had an opportunity to research who or what decides where his habeas case is heard. Do you know? I'd like to know, really. Because right now it's set to be heard in New Jersey. Who decides whether or not it's moved?
This post was edited on 4/11/25 at 6:33 pm
Posted on 4/11/25 at 6:33 pm to Tchefuncte Tiger
quote:
Didn’t he lose?
Yeah, he lost his immigration hearing.
Posted on 4/11/25 at 6:44 pm to Pandy Fackler
Pandy I appreciate your tenacity. Here was what I found with AI which suggests that the New Jersey case is subject to dismissal as being premature....
Filing a habeas corpus petition before exhausting all available immigration remedies is generally not allowed. The principle of exhaustion of remedies requires that a petitioner must first present their claims to the highest state court before seeking relief in federal court, and similarly, in the context of immigration, all available administrative and judicial remedies within the immigration system must be exhausted first.
However, there are exceptions to this rule. If the petitioner can demonstrate that pursuing further state or immigration remedies would be futile, result in undue delay, or cause irreparable harm, they may be excused from the exhaustion requirement.
In summary, while exhaustion of remedies is typically required, there are circumstances under which a habeas corpus petition can be filed before all immigration remedies have been exhausted.
Filing a habeas corpus petition before exhausting all available immigration remedies is generally not allowed. The principle of exhaustion of remedies requires that a petitioner must first present their claims to the highest state court before seeking relief in federal court, and similarly, in the context of immigration, all available administrative and judicial remedies within the immigration system must be exhausted first.
However, there are exceptions to this rule. If the petitioner can demonstrate that pursuing further state or immigration remedies would be futile, result in undue delay, or cause irreparable harm, they may be excused from the exhaustion requirement.
In summary, while exhaustion of remedies is typically required, there are circumstances under which a habeas corpus petition can be filed before all immigration remedies have been exhausted.
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