https://www.ca5.uscourts.gov/opinions/pub/21/21-40618-CV0.pdf
KEY EXCERPT:
For these reasons, we do not see a strong justification for concluding that the IIRIRA detention statutes override the deep-rooted tradition of enforcement discretion when it comes to decisions that occur before detention, such as who should be subject to arrest, detainers, and removal proceedings. That means the United States has shown a likelihood of prevailing on appeal to the extent the preliminary injunction prevents officials from relying on the memos’ enforcement priorities for nondetention decisions.
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Finally, some rationality and common sense! A partial stay from the ultra-conservative 5th Circuit is a good sign for the Biden Administration on this issue.
🇺🇸Due Process Forever!
PWS
09-15-21