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Notes -
I think the redressability argument makes sense. At most, they can order DHS/CPB that, if the plaintiff presents himself at the border, they must admit him.
So to actually read the operative statute it says
It doesn't seem clear to me that the AG couldn't invoke 1231(b)(3)(B)(iv), which essentially vest in her the plenary power to make an exception to (A).
Then specifically, look at the date of the order, October 10, 2019, who was AG on that date?
The whole thing is ridiculous kayfabe. Trump's AG, by the very terms of the statute, could have ordered him back to ES 5 years ago.
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