Judge Boasberg cancels hearing on Trump deportations after Supreme Court ruling
Terrorism Confinement Center (CECOT) in Tecoluca, in El Salvador; Alex Pena/Anadolu via Getty Images
(NEW YORK) — U.S. District Judge James Boasberg has canceled a Tuesday afternoon hearing on the Trump administration’s use of the Alien Enemies Act to deport alleged migrant gang members without due process, after the U.S. Supreme Court ruled Monday evening that the administration could resume carrying out such deportations.
Boasberg had scheduled the hearing to consider whether to convert the temporary restraining order he issued blocking those deportations last month into a longer-lasting preliminary injunction, as he mulled whether to hold the administration in contempt for failing to provide information about the deportation of over 200 alleged Venezuelan gang members last month.
Boasberg’s order canceling Tuesday’s hearing did not address where the contempt issue stands.
The Supreme Court, in a 5-4 decision Monday evening, ruled that the Trump administration could resume deportations of alleged Venezuelan gang members under the Alien Enemies Act, but said detainees must be given due process to challenge their removal.
The unsigned opinion lifted Boasberg’s temporary restraining order, ruling that he lacked the jurisdiction to address the matter.
In response to the Supreme Court’s ruling, the ACLU — which is representing several alleged Venezuelan gang members who are set to be sent to El Salvador under the Alien Enemies Act — filed habeas petitions in the New York district where the men are being held, seeking to challenge their removal.
Trump last month invoked the Alien Enemies Act — a wartime authority used to deport noncitizens with little-to-no due process — by arguing that the Venezuelan gang Tren de Aragua is a “hybrid criminal state” that is invading the United States.
Judge Boasberg temporarily blocked the president’s use of the law on March 15, ordering that the government turn around two flights carrying more than 200 alleged Tren de Aragua members to El Salvador.
Authorities failed to turn the flights around, leading the judge to threaten the administration with contempt.
(BOCA GRANDE, Fla.) — A 9-year-old girl was attacked by a shark while snorkeling off the Florida Gulf Coast, with the animal nearly biting her entire hand off, her family said.
At approximately 12 p.m. on Wednesday, 9-year-old Leah Lendel was swimming in Boca Grande, Florida, near the shore, with her mother and two younger siblings about 4 feet away from her, Leah’s family said in a statement provided to ABC News.
Leah then went underwater to snorkel, but as she came up, “she screamed,” the family said.
Her mother, Nadia Lendel, looked over and saw her daughter’s right hand “up to the wrist all in blood and mostly torn off,” the family said.
As the mother screamed for help, she attempted to get Leah and her other children out to shore, with her husband — who was snorkeling “some distance away” — swimming “as fast as possible to shore,” the family said.
Once Leah made it to the shore, nearby construction workers who were on their lunch break assisted the family by calling for paramedics and putting a towel “to make a tourniquet and stop the blood loss,” the family said.
One of the construction workers, Alfonso Tello, told ABC Southwest Florida affiliate WZVN the shark that attacked Leah was about 8 feet long.
“Everybody was in shock,” Tello told WZVN.
After paramedics arrived on scene, they decided to airlift Leah to Tampa General Hospital for treatment, the Boca Grande Fire Department told ABC News in a statement.
Leah underwent a “long surgery” once at the hospital, the family said.
“We ask for mostly prayers and privacy at this time so we can process the situation,” the family said in a statement.
The status of Leah’s condition as of Thursday remains unclear.
(LOS ANGELES) — A California mom has been charged with murder for allegedly drowning her 7-year-old daughter, prosecutors said.
Graciela Castellanos, 37, allegedly killed her daughter at an apartment in Van Nuys on April 11, according to the Los Angeles County District Attorney’s Office.
First responders pronounced the 7-year-old dead at the scene, prosecutors said.
Los Angeles County District Attorney Nathan Hochman called the allegations “profoundly tragic and deeply unsettling.”
“Our sympathy goes out to the family and loved ones of this young girl, whose life was cut short far too soon,” Hochman said in a statement Tuesday.
Castellanos pleaded not guilty on Tuesday to charges of murder and assault on a child under 8 years old causing death. She’s due to return to court on June 17.
(MOSCOW, Idaho) — In a series of final rulings ahead of Bryan Kohberger’s capital murder trial, Judge Steven Hippler said lawyers for the man who could be executed, if convicted, won’t be permitted to present to the jury the theory that some unknown person is the real killer.
The trial in the Idaho college killings case will begin Aug. 18, a week later than originally planned, a judge ruled Thursday.
With jury selection starting on Aug. 4, a series of final rulings has cleared the path for the trial of Bryan Kohberger as Judge Steven Hippler said lawyers for the man who could be executed, if convicted, won’t be permitted to present to the jury the theory that some unknown person is the real killer.
However, Kohberger’s defense will be allowed to press investigators on whether they followed up on all plausible leads enough, beyond simply pursuing Kohberger, the judge said.
“Nothing links these individuals to the homicides or otherwise gives rise to a reasonable inference that they committed the crime; indeed, it would take nothing short of rank speculation by the jury to make such a finding,” the judge said.
Kohberger’s lawyers had offered the judge, under seal, what they said were four other people who might have killed Kaylee Goncalves, Madison Mogen, Xana Kernodle and Ethan Chapin in an off-campus house on Nov. 13, 2022.
Kohberger’s attorneys — who insist he is innocent — did acknowledge that they didn’t have enough to pursue that strategy at the trial’s outset and wanted the judge to give them “latitude” in building that theory when they cross-examine the prosecution’s witnesses.
The judge rejected the proof they offered as paper-thin at best, and “entirely irrelevant.”
“At best, [Kohberger’s] offer of proof can give rise to only wild speculation that it is possible any one of these four individuals could have committed the crimes,” Judge Steven Hippler said, adding the defense can’t “merely offer up unsupported speculation that another person may have committed the crime, which is all [Kohberger] has done here.”
In his ruling, Hippler said allowing the defense to indulge that theory would risk leading the jury “astray” and waste their “precious time,” the judge said.
Kohberger’s defense previously suggested there could be someone else behind the killings, pointing to the other unidentified male DNA samples found in the crime scene area. But, the judge noted, each of the four people proffered as alternates had cooperated with authorities, provided their DNA and fingerprints and that forensics had already excluded their DNA from the samples taken from the crime scene and victims.
The fourth individual offered as an alternate had a “passing connection” to one of the victims, the judge said: he “noticed her shopping at a store approximately five weeks prior to the homicides.”
“He followed her briefly out the exit of the store while considering approaching her to talk. He turned away before ever speaking to her,” the judge said.
Hippler added that the event was “captured on a surveillance camera,” and that this man had cooperated with authorities. His DNA had already been excluded from those taken from the crime scene.
In another new filing just posted to the docket, Judge Hippler also denied the defense’s attempt to further delay the trial.
Kohberger “has not made a showing that there is good cause to continue the trial,” Hippler said.
Kohberger’s lawyers had pushed for another delay, citing a massive trove of records turned over by the prosecution in such a high-stakes case, the “inflammatory” media coverage potentially biasing the jury, and because they needed more time to prepare their case for sentencing, should he be convicted.
The judge itemized the extensive investigation that Kohberger’s lawyers had already done to prepare for a possible sentencing phase that show an “expansive understanding” of who the man is and the world he’s been living in.
The list includes his educational, medical and mental health records; his father’s military records; “multiple” interviews with Kohberger himself as well as family members, two of his fourth-grade teachers, his former boxing coach, and a psychologist who evaluated Kohberger in 2005; interviews with his former Masters’ degree professor/advisor; and letters and jail calls between Kohberger and his family.
There is also a lengthy redacted section discussing “speculation” Kohberger’s lawyers want to “chase down,” which the judge calls “unsupported suspicions” that “smacks of tactical gamesmanship and delay.”
If they were “truly struggling” to be ready for an August trial, they should have said so sooner, before all the deadlines had passed, the judge said. Kohberger’s lawyers have “robustly litigated” this case so far, amassed dozens of experts and other team members and filed numerous briefs.
The judge also said he doubted the national media attention on the case would decrease with a delay.
“Four college students in a small Idaho college town were brutally stabbed to death by an unknown perpetrator,” the judge said. “It was an immediate media sensation and garnered widespread attention that not only continues to persist, but continues to grow.”
