Reversing, the court held that 8 U.S.C. § 1252(g) deprived the District Court of jurisdiction over the removal-based claims and that § 1252(f)(1) barred the class-wide injunction on the detention-based claims. It vacated both preliminary injunctions and remanded with directions to dismiss the removal-based claims. Judge White dissented, and would have held that the District Court had jurisdiction. The panel described the case as arising from “the government’s efforts to execute long-standing final removal orders of Iraqi nationals that the United States had, for many years, been unable to execute.”
Caution Contrary authority, and controlling in the Sixth Circuit. It vacated the 24 July 2017 injunction recorded separately in this collection. The panel ruled on jurisdiction and on the form of relief; the lawfulness of the removals themselves, and the process due before an order of supervision is revoked, were not before it. The opinion was first filed unpublished on 20 December 2018 and designated for full-text publication the following day, which is why some sources date it 21 December.
Jurisdiction stripping Section 1252(g) Section 1252(f)(1) Class-wide injunctive relief Suspension Clause Habeas Preliminary injunction vacated Contrary authority
The court's own text
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