Deadline Legal Blog-How the Trump DOJ is already using Maduro's case to delay due process in another case
The Trump administration had a litigation deadline Monday. Then it took the foreign leader over the weekend.
https://www.ms.now/deadline-white-house/deadline-legal-blog/trump-doj-maduros-case-alien-enemies-act
The U.S. governments prosecution of Nicolás Maduro is significant in its own right, but its effect is stretching to litigation beyond the historic criminal case against the Venezuelan dictator. The Department of Justice has already used it to delay a deadline in another case for which it had to submit a plan to provide due process to Venezuelan nationals summarily deported under President Donald Trumps invocation of the Alien Enemies Act.
Last month, U.S. District Judge James Boasberg in Washington, D.C., imposed a two-week deadline that ended Jan. 5. The Obama-appointee wrote that Venezuelan migrants were denied the due-process right to challenge their removals when the U.S. sent them to El Salvadors notorious Terrorism Confinement Center, or CECOT, in March. They were subsequently sent back to Venezuela. ....
Given substantial changes on the ground in Venezuela and the fluid nature of the unfolding situation, [government] Defendants respectfully move for an extension to respond to this Courts Order
directing them to propose a remedy by Monday, January 5. Over the weekend, the United States apprehended Nicolas Maduro. As a result, the situation on the ground in Venezuela has changed dramatically. Defendants thus need additional time to determine the feasibility of various proposals, the extension motion said.
After Boasberg noted that the government failed to get the plaintiffs input first, the DOJ on Monday filed a follow-up notice that said the plaintiffs agreed to the extension on the condition that the government not seek further delays. The DOJ said it couldnt agree to that condition, due to what it called the fluid situation.
Boasberg then granted the extension to Monday, Jan. 12, reminding the DOJ that whats due is its proposal either to facilitate the return of Plaintiffs to the United States or to otherwise provide them with hearings that satisfy the requirements of due process.