Serious questions exist that due process bars detention or removal to any third country without notice and an opportunity to present a fear-based claim; sections 1252(g), (a)(5), (b)(9) and FARRA do not bar review.
Caution Preliminary injunction on the 'serious questions' standard, converted from a temporary restraining order by consent; every merits finding is framed as a serious question and none is final; no third country is identified anywhere in the file, and the court did not identify the governing detention statute by number.
Redetention Notice Third-country designation CAT deferral Zadvydas Jurisdiction 1252(g) Jurisdiction 1252(a)(5) Jurisdiction 1252(b)(9)
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