Marc Sobel

@marcsobel.bsky.social

I write and self-publish optimistic hard science fiction, usually about utopias. I like imagining what a good society could be like. http://amazon.com/author/marcsobel

This is wild: The Trump administration has provoked so many immigration habeas petitions, and has lost so many lawyers, that the Western District of Washington (Seattle, Tacoma, etc.) U.S. Attorney's Office can no longer *defend* the government in all of those cases, per this letter filed on 10/26:

Dear Judge Estudillo:

The U.S. Attorney’s Office for the Western District of Washington (USAO) represents United States Immigration and Customs Enforcement (ICE), and ICE employees named in their official capacity, in immigration-related habeas corpus cases filed in the Western District of Washington under 28 U.S.C. § 2241.

General Order No. 08-26 was intended to significantly improve and streamline the resolution of immigration-related habeas petitions (“§ 2241 Immigration Petitions”) that are being filed in the Western District of Washington. For the most part, the process has increased the expedition and uniformity with which habeas petitions are being resolved to the benefit of petitioners, the government, and the public interest.

Since the General Order was first issued, however, the influx of § 2241 Immigration Petitions has continued to increase. The large volumes of petitions that are being filed, often copying from other petitions, has severely impacted the government’s ability to respond to specific petitions that require appreciable attorney time from the USAO to investigate and analyze. It has also negatively impacted the government’s ability to respond to other civil litigation filed against the government in the District.

The USAO for the Western District of Washington reviews all these petitions in response to the Court’s issuance of a standard scheduling order, and the USAO determines how to respond on behalf of the government, in the interests of justice.Entering AUSA appearances in each and every such case, however, often initiates protracted litigation and consumes substantial AUSA time, even after the petitioner has been released or received a bond hearing. For example, AUSAs often are required to prepare and file status reports, supplemental briefing, and oppose EAJA motions. More recently, we have all too frequently been required to respond to motions and orders to show cause stemming from what are often technical violations of the scheduling order.

The USAO unfortunately does not have the available resources, at this juncture, to continue entering AUSA appearances in every one of the dozens of § 2241 Immigration Petitions filed each week. Thus, going forward, in order to conserve resources, there will be many habeas cases in which the USAO will no longer assume responsibility for providing a defense on behalf of the respondents. On the other hand, for the time being, the USAO will continue to review Petitions and scheduling orders as they are filed, will transmit the scheduling order to the appropriate persons at ICE, and will enter AUSA appearances and file returns to specific petitions as the USAO determines appropriate. However, henceforth, if the USAO does not file a Notice of Appearance in a case within seven court days of the issuance of a standard scheduling order, the Court may assume that the USAO will not be filing a response to the Petition and the Court may proceed to rule on the merits of the petition based on the papers filed by the petitioner. In this latter group of cases, the USAO will take no responsibility for facilitating the processing of the case through the District Court nor will it serve as a conduit for communications between the District Court and respondents in the case. That said, the USAO reserves the right to enter an appearance in a case on behalf of the government at any time as it deems necessary.

This change is expected to significantly streamline and expedite the resolutio…

Jeffries: "Stephen Miller is a stone cold racist. His track record speaks for itself. And I've got zero interest in working with that kind of individual."

If you’re wondering why counting the votes takes so long – this is normal in Alaska. It’s a big state where more than 80% of our communities aren’t on the road system. And we’re going to make sure that every last ballot is counted, and every single Alaskan’s voice is heard.

🚨JUST IN: MSNOW’s Jacob Soboroff just eviscerated Stephen Miller, laying out the horrific details of how he masterminded Trump’s most demented policies. Miller is single-handedly responsible for Renee Good and Alex Pretti’s deaths. I had no idea it’s even worse: @Calltoactivism