D.C. Cir. Sides with Trump on Expedited Removal
In Make the Road New York v. Mullin (No. 25-5320), the D.C. Circuit sided with the Trump administration to vacate the district court's injunction blocking DHS from expanding its expedited removal policy to the maximum amount allowed by statute.
First, as a Civ Pro prof, I can't help but note the complexity of agreement on this decisions:
Opinion for the Court filed by Circuit Judge WALKER, in which WILKINS, J., joins as to Parts I, II and IV, and in which RAO, J., joins as to Parts I–III, IV.B, and V. Opinion concurring in the judgment by Circuit Judge RAO, in which WALKER, J., joins as to Part II.A. Opinion concurring in part and dissenting in part by Circuit Judge WILKINS.
That requires some annotation of the decision.
The issue presented was whether the second Trump administration violated due process by expanding the reach of INA § 235(b), 8 USC 1225(b), to noncitizens who have "not affirmatively shown, to the satisfaction of an immigration officer, that the alien has been physically present in the United States continuously for the 2-year period immediately prior to the date of the determination of inadmissibility under this subparagraph."
The court determined that plaintiff had "not shown that the written directives fail to comply with constitutional due process. And Make the Road’s evidence of implementation problems — referral errors, rushed interviews, communication barriers — does not establish that the Designation and Huffman Memorandum are themselves “not consistent with applicable provisions of [the INA] or . . . otherwise in violation of law.” 8 U.S.C. § 1252(e)(3)(A)(ii)."
