by Matthew Russell Lee, Patreon Book Substack
SDNY COURTHOUSE, May 6 – In the wake of the Supreme Court vacating the stay on removals under the Alien Enemies Act, on April 8 a habeas corpus putative class action was filed in the U.S. District Court for the Southern District of New York.
The suit asks the Court to "enjoin Respondents from transferring Petitioners out of this district during the pendency of this litigation" and to "grant a writ of habeas corpus to Petitioners to enjoin Respondents from removing them pursuant to the [AEA] Proclamation."
The case was wheeled out to Senior Judge Alvin K. Hellerstein, who scheduled oral argument for April 9 at 10 am.
Inner City Press was there and live tweeted. At first Judge Hellerstein said his TRO would be limited to Orange County, where the two named plaintiffs are. At the end, after ICE on Rikers Island was cited, he appeared to extend it to all of SDNY. Thread.
And on April 11 he extended it to city and state custody.
On April 22 Judge Hellerstein extended the TRO and mused that the Proclamation may be invalid. Thread.
On May 6, Judge Hellerstein denied the US' motion to decertify the class, which they says is only of eight: "it is not known how many people in the jurisdiction of this Court may become subject to an order of removal.. many of the Class members cannot speak English, do not have easy access to counsel, and share common questions. I deny Respondents' motion to decertify the Class."
Analysis on X for Subscribers here and Substack here
The case is G.F.F., et al. v. Trump, et al., 1:25-cv-2886 (Hellerstein)
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