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Notes -
Since we're doing followups, as a followup to Trump v JGG discussed below on the proper venue to challenge AEA deportations of alleged TdoA members. There is now a TRO in the correct circuit (5CA, not the DCC) restraining the administration from deporting anyone under the proclamation.
A few points:
I read some interesting discussion about this online. My recollection is that the usual issue with doing class action habeas is issues of similarity in the class. A class needs to have ~identical claims to be brought and habeas claims are usually about the particular conditions of an individual's detention. This case would face similar issues if the basis for class similarity was identification as a member of TdA (which is unlikely to be identical for every class member). However the theory I read for these cases is the class similarity is instead based on the question of whether there is actually the prerequisite "invasion" or "predatory incursion" required under the AEA. Since all class members are in an identical posture with respect to that question. Not sure that will work long-term but it's an interesting idea.
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This seems like a pretty standard-issue TRO intended to prevent the issue from being made moot while it's litigated. Note that it only applies to the one detention center, so if the administration wants to make more trouble they could do deportations (of other people) from other such centers.
Agreed on all points.
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