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[quote=Anonymous]On Oct. 6, Judge Paula Xinis held a status conference in the habeas case of Kilmar Abrego Garcia. She had planned to focus on Abrego’s motion for leave to serve certain discovery requests relating to how the government had decided to try to remove him first to Uganda and, later, to Eswatini (the former Swaziland). As the hearing approached, the government filed a brief opposing the discovery, and, on Oct. 1, also filed a separate motion seeking to stay all proceedings in light of the government shutdown.

At the hearing, Judge Xinis orally denied the shutdown stay motion. Then the hearing changed course in light of the government’s unexpected answers to questions about Abrego’s discovery requests. Its lawyers appeared to acknowledge that any attempt to remove Abrego to Eswatini was extremely inchoate. In response to Xinis’s questions, the Justice Department attorneys were unable to state whether the government had even contacted Eswatini about its proposal. At that point, Judge Xinis began to focus on Abrego’s earlier demand, as part of his habeas petition, that he was entitled to release under the principles of the Supreme Court’s 2001 ruling in Dadvydas v. Davis.

Ultimately, Xinis gave the government until 5 p.m. on Wednesday, Oct. 8 to file more evidence, if it had any, of the steps it had taken to seek Abrego’s removal to Eswatini. She also scheduled a hearing on the Dadvydas issues—and whether Abrego is entitled to release—for 11 a.m. on Friday, Oct. 10.

found on lawfaremedia.org[/quote]

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