A.S.R. v. United States of America
Case Overview
The government appealed Judge Haines's order granting a preliminary injunction which requires the Trump administration to provide 21 days notice before removing the plaintiff.
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The Application
Judge Haines determined that the plaintiff satisfied the preliminary injunction standard, finding sufficient likelihood of success on the merits and irreparable harm if removal proceeded without notice. The government has appealed this determination to the Third Circuit, arguing either that the preliminary injunction was improper or that the Alien Enemies Act does not require such procedural protections.
The Conclusion
The preliminary injunction requiring 21 days' notice remains in effect pending the Third Circuit's decision. The case is currently on appeal with the outcome dependent on whether CA3 affirms Judge Haines's preliminary injunction analysis.
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