A federal judge in Florida appointed by President Donald Trump just nine months ago seethed at the administration in a new ruling, accusing them of cooking up a flimsy excuse to bypass his own judgment in favor of a career official within the administration itself, wrote Matthew Chapman.
Judge Kyle
Dudek's ruling concerned the immigration detention case of
Dmitrii Iastrebov, a noncitizen who has been sitting in lockup without a proper
hearing — only for the Trump administration
to argue that the administration's own appointed immigration judge, rather than
the U.S. district judge, should be the final word on the matter.
This case,
wrote Dudek, "borders on the surreal ... an immigration judge refused to
hold the ordered hearing, claiming Iastrebov is not covered by § 1226(a) and
thus ineligible for bond. Instead of defending this Court’s mandate, the
Government’s counsel acquiesced in that refusal and waived any administrative
appeal. Now, faced with a renewed habeas petition, the Government casually
announces that its previous concession 'was in error' and asks this Court to
reverse itself and hold that Iastrebov is instead subject to mandatory
detention under 8 U.S.C. § 1225."
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