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Reposted by 🏳️🌈 Penguin of Resistance 🇵🇸
Reposted by 🏳️🌈 Penguin of Resistance 🇵🇸
The Onion
@theonion.com
· 27d
Witnesses Assumed Charlie Kirk Shooter Was Just Ordinary Gunman On School Campus
OREM, UT—As law enforcement officials search for a person of interest in the assassination of 31-year-old Turning Point USA co-founder Charlie Kirk, witnesses on the scene at Utah Valley University ad...
theonion.com
Reposted by 🏳️🌈 Penguin of Resistance 🇵🇸
![First, Petitioner's letter, ECF 308, does not seek reconsideration of this Court's prior determination that his preliminary injunction motion did not present sufficient grounds to enjoin the misrepresentation charge. Instead, he seeks release pursuant to his still-pending motion for bail, ECF 93, 108, or, in the alternative, his return to New Jersey, ECF 96, in light of recent developments, including this Court's findings. Petitioner understands that the Court has not yet resolved the First Amendment claims before it, ECF 272 at 92 n.77, and, given Respondents' decision to continue his detention based solely on the misrepresentation charge, ECF 304, Petitioner intends to promptly file a new motion for a preliminary injunction directly challenging that basis for detention on First Amendment grounds. While the forthcoming motion could, if granted, lead to Petitioner's release, this Court may— and should — grant Petitioner bail or compel his return now, on the current record.
Second, seeking release on bail through habeas is not a "circumvention]" of immigration proceedings but an independent process rooted in a federal court's inherent authority. ECF 93; see ECF 308 at 2 (citing releases on bail under Mapp v. Reno, 241 F.3d 221 (2d Cir. 2001), or similar precedent, in Mahdawi, Ozturk, Khan Suri, and Mohammed). That is clear from the irrelevance of immigration bond to habeas release in those other cases: in Mahdawi and Khan Suri, the petitioners were released despite being ineligible for immigration bond; in Ozturk, an immigration judge ("IJ") denied bond before the district court granted bail, 2025 WL 1420540, at *8; and in Mohammed, DHS automatically stayed an IJ's grant of bond before habeas release on bail, 2025 WL 1334847, at *2.*
Third, like the petitioners in those other cases, Petitioner has raised substantial claims and his detention presents extraordinary circumstances requiring release to ensure an effective habeas remedy.
ECF 308 at 1-2. Further, he has sub…](https://cdn.bsky.app/img/feed_thumbnail/plain/did:plc:qrllvid7s54k4hnwtqxwetrf/bafkreia2tthxwqypixc3herbu6lkwqr5lanqu63mzr62e4sybd7r2cfqfe@jpeg)
