The U.S. District Court for the District of New Mexico issued a temporary restraining order on President Donald Trump’s mission to send three Venezuelans to Guantanamo Bay due to the uncertainty over jurisdiction.
Luis Eduardo Perez Parra, Leonel Jose Rivas Gonzalez, and Abrahan Josue Barrios Morales filed the petition on Sunday.
Considering the uncertainty surrounding jurisdiction, the Court determines it is necessary to enjoin the transfer of Petitioners to Guantanamo Bay. At this time, the Court cannot say that without this injunction it would not be jurisdictionally deprived to preside over the original writ of habeas corpus should petitioners be transferred. Thus, an injunction is necessary to achieve the ends of justice entrusted to this Court. The Court emphasizes that this Order is limited in scope to these three Petitioners because this matter was pending before this Court long before any transfers began. The Court also emphasizes that there appears to be no prejudice to the government by this injunction to maintain the status quo pending the resolution of this matter. Moreover, there appears to be many instances where district courts utilize its inherent authority under the AWA to retain jurisdiction and enjoin transfers. See SEC v. Vision Communs., 315 U.S. App. D.C. 384, 74 F.3d 287, 291 (D.C. Cir. 1996) (All Writs Act “empowers a district court to issue injunctions to protect its jurisdiction”); Abu Ali v. Ashcroft, 350 F. Supp. 2d 28, 54 (D.D.C. 2004) (federal courts “may and should take such action as will defeat attempts to wrongfully deprive parties” of their right to sue in federal court) (internal citation omitted); Lindstrom v. Graber, 203 F.3d 470, 474–76 (7th Cir. 2000) (All Writs Act permits court to stay extradition pending appeal of habeas corpus petition).
The three petitioners challenged the legality of their detention by ICE, claiming it violated the Immigration and Nationality Act and the Due Process Clause of the Fifth Amendment.
The three men have been in ICE custody in New Mexico since late 2023.
Their filing stated that the New Mexico court “should retain jurisdiction over their pending habeas petitions even upon transfer” to Guantanamo Bay.
“Critically, however, this Court need not actually decide the legal status of immigration detentions in Guantánamo or prescribe conditions for counsel access there; the mere uncertainty the government has created surrounding the availability of legal process and counsel access is sufficient to authorize the modest injunction requested under the prophylactic equitable powers the All Writs Act confers to this Court to preserve the status quo and protect the integrity of ongoing judicial proceedings,” they wrote.”
Trump’s administration started sending illegal Venezuelan aliens to Guantanamo Bay on February 4th. So far DHS has sent five sets of Venezuelans to the base.
Two of the petitioners also claimed they do not belong to the vicious Venezuelan gang Tren de Aragua.
[Featured image via YouTube]
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