Wednesday, June 24, 2015

Third Circuit issues incredible order:

This doesn't involve our district or circuit, but I find this order by Third Circuit Judge Theodore McKee absolutely fascinating (h/t How Appealing):

The Court would have granted Petitioners a stay of removal, but was informed that Petitioners were removed earlier today. The government is hereby ordered to use its best efforts to intercept Petitioners when they land tonight in Guatemala City and to return Petitioners to the United States immediately. If the government is unable to intercept Petitioners at the airport, they must locate Petitioners in Guatemala and return them to the United States as quickly as possible. Upon their return, Petitioners are granted a stay of removal pending disposition of their petition for review. If, upon contact, Petitioners inform the government that they do not want to return to the United States, the government shall secure a written memorialization to that effect -- even if that writing is in Spanish.

The only thing that would have made it better is if he would have ordered the return flight to be first class.


Anonymous said...

Agent: would you like to go back tot he us?

Vic: yes.

A: well, you may be locked up and reported again if you come back.

Vic: really?

Agent: yup.

Vic: well then, no.

Agent: do you mind writing that down for me?

On another note...should they really be discussing anything with a represented party?

ParatrooperJJ said...

DOJ has exempted GOV lawyers from state bar ethics rules forbidding ex parte contact with a represented party..

Anonymous said...

I don't think the court has the authority to do this.