cross-posted from: https://infosec.pub/post/45407468

In the present case, the petitioner, Alejandro Osvaldo Ghysels Reales, won habeas corpus relief by convincing U.S. District Judge Kyle Dudek, who was appointed by Trump last year, that his detention is unlawful.

"When the government detains a noncitizen pending immigration proceedings, it must have a legitimate, non-punitive reason for doing so," Dudek begins in a tone that quickly becomes ominous for the government. "Typically, the reason is straightforward: the government detains a noncitizen to ensure he is available for removal. But that justification rests on a critical premise—that the government actually can remove him. Here, it cannot."