John Hawkinson

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John Hawkinson

John Hawkinson

@johnhawkinson

Cambridge, MA freelance reporter, usu. @CambridgeDay. MIT; public recs; data; legal news #appellatetwitter Lately: immigration. [email protected] 617.797.0250

Cambridge, MA, USA Katılım Nisan 2009
2.6K Takip Edilen3K Takipçiler
John Hawkinson
John Hawkinson@johnhawkinson·
@AmtrakNECAlerts thanks for this and the subsequent push and text updates. Some trains have arrived and left so it would be nice to have an operational understanding of what can still happen tonight.
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Amtrak Northeast
Amtrak Northeast@AmtrakNECAlerts·
As of 8:09 PM ET, Train 169 is delayed departing Boston (BOS) due to rail congestion resulting from single tracking conditions. Crews are working to fully restore the tracks in the area. We will update as more information becomes available. We appreciate your patience. For customers still waiting to board this train, departure estimates are subject to change. If a train is delayed past its scheduled departure time, it may still leave earlier than the updated estimate, if conditions allow. To avoid missing your train, please stay near the boarding area and monitor for announcements or updates.
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John Hawkinson
John Hawkinson@johnhawkinson·
@AmtrakNECAlerts how about some updates on the derailment at south station and whether 169 will run or cancel?
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Josh Gerstein
Josh Gerstein@joshgerstein·
JUST IN: Judge William Young (Reagan) in fine fettle as he mostly denies DOJ's motion to stay remedy for 'breathtaking misconduct' in deportation drive v. pro-Palestinian activists. Young mocks DOJ for undercutting Trump's unitary executive claims. Doc: documentcloud.org/documents/2786…
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John Hawkinson
John Hawkinson@johnhawkinson·
@BaniasLaw (I did actually try to find it and failed. Maybe I'm looking in the wrong place.)
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John Hawkinson
John Hawkinson@johnhawkinson·
@smmarotta And somehow they're still permitting a world where SAUSAs don't have functioning DOJ emails (or something) & cannot get orders from judges that are docketed in CM/ECF without hearing from an anonymous paralegal? This should not be acceptable. An appearance must mean something?
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John Hawkinson
John Hawkinson@johnhawkinson·
@smmarotta Reading the 9-page order, things are much worse than I thought. "This Court would never allow a private attorney or litigant to rely on an “I’m too busy” excuse to justify disobedience of a court order. The Government is no different." Except apparently it still is.
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John Hawkinson
John Hawkinson@johnhawkinson·
@kyledcheney Surely they take the position that "mandatory detention" triggers the "prohibited by law" prong, so it's not necessary to get to "exceptional circumstances"?
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Kyle Cheney
Kyle Cheney@kyledcheney·
ICE's policy to sharply limit detention of pregnant/nursing mothers was adopted in 2021. It says ICE shouldn't detain pregnant/nursing mothers unless there are "exceptional circumstances." What are exceptional circumstances? Threats to life or national security. politico.com/news/2026/02/1…
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Kyle Cheney
Kyle Cheney@kyledcheney·
NEW: Judges are asking increasingly pointed questions about why ICE is detaining pregnant/nursing mothers — and whether a 2021 policy sharply restricting the practice remains in force. They’ve ordered many released, warning of threats to safety/health. politico.com/news/2026/02/1…
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Josh Gerstein
Josh Gerstein@joshgerstein·
JUST IN: Trump admin sues Harvard for allegedly slowwalking requests for admissions data from DOJ. Suit assigned to Judge Myong Joun (Biden). Doc: justice.gov/opa/media/1427…
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John Hawkinson
John Hawkinson@johnhawkinson·
My live coverage of this morning's Kseniia Petrova discovery hearing (Bill Fick of @fickmarx for Petrova) was over on Bluesky: bsky.app/profile/johnha… Judge Dein will grant at least some discovery into selective/vindictive prosecution.
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John Hawkinson
John Hawkinson@johnhawkinson·
Gosh, with bsky apparently broken, should I move my #cambma city council live posting back to Twitter for the evening? (My inclination is No, but perhaps!)
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John Hawkinson
John Hawkinson@johnhawkinson·
@AndrewDSteele94 @Greg651 [*] And yes, they have to file the appeal within 60 days, but no that's not the end of it. Absent hearing from OSG they file "protective appeals" and seek abeyance in the COA until they have a decision whether to pursue the appeal. Not that that's happened for this issue.
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John Hawkinson
John Hawkinson@johnhawkinson·
@AndrewDSteele94 @Greg651 Another important aspect of it is that the Government is likely to be the one to appeal, and they have their own schedule for that and do not seem eager to do it. Even at the best of times, appellate approval from the Solicitor General in immigration cases can take months[*].
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John Hawkinson
John Hawkinson@johnhawkinson·
@AnnaBower [*] Yes, D.Iowa and D.Minn are both in the 8th circuit, so this is not really an intercircuit assignment. I don't actually know how those happen and if a Judicial Conference committee is involved.
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John Hawkinson
John Hawkinson@johnhawkinson·
@AnnaBower In case you missed it, D.Minn and the Committee on Intercircuit[*] Assignments are way ahead of you. If you review this morning's D.Minn habeas decisions, you'll find some from Stephen H. Locher, a D. Iowa judge who is sitting by designation in D. Minn, I believe.
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Anna Bower
Anna Bower@AnnaBower·
Once again, I suggest reviving Circuit riding—this time at the district court level. Day in and day out, district judges across the ideological spectrum deal with this DOJ’s stonewalling & misrepresentations. Perhaps some SCOTUS justices would benefit from seeing it firsthand.
Ed Whelan@EdWhelanEPPC

Patrick Schiltz, chief judge of the District of Minnesota. is a conservative stalwart. He's fed up with ICE's failure to comply with "dozens of court orders" in recent weeks. "The Court's patience is at an end.... The Court acknowledges that ordering the head of a federal agency to personally appear is an extraordinary step, but the extent of ICE's violation of court orders is likewise extraordinary, and lesser measures have been tried and failed."

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John Hawkinson
John Hawkinson@johnhawkinson·
@gynepareidolia @kyledcheney @mrddmia I'm not here to defend non-compliance with Maldonado Bautista and Guerrero Orellana. But evidence of a bad act in one area is not the same as evidence of a bad act in another area that doesn't have jurisdiction-stripping statutes, and that's what your argument boils down to.
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maria cypione
maria cypione@gynepareidolia·
@johnhawkinson @kyledcheney @mrddmia Their position is the definition of indefensible. A declaratory judgment disposes of the law is it relates to the parties. Adopting a policy contrary to a declaratory judgment to deprive someone of liberty is oppression under color of law in violation of 18 U.S.C. § 242. >>
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John Hawkinson
John Hawkinson@johnhawkinson·
@gynepareidolia @kyledcheney @mrddmia It certainly does not show that. The way to show bond hearing orders would be unfair or futile would be to show hearings denied or bond withheld. And I think have seen no evidence of those things. DOJ's position on the class judgments is troubling but not indefensible.
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maria cypione
maria cypione@gynepareidolia·
@johnhawkinson @kyledcheney @mrddmia It shows that would be futile to attempt to exhaust administrative remedies because the agency has adopted a policy contrary to the law. DOJ's decision to adopt a policy in blatant violation of the law demonstrates that any such bond hearing would be fundamentally unfair.
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