Latest news with #AlvinHellerstein
New York Times
2 days ago
- Politics
- New York Times
Trump Fights to Move Appeal of Hush-Money Conviction to Federal Court
President Trump's fight to overturn his criminal conviction returned to the spotlight on Wednesday, as his legal team clashed with the Manhattan district attorney's office over whether the appeals process should play out in state or federal court. Mr. Trump was convicted last spring of 34 felonies related to his attempts to cover up sex scandals during his 2016 run for the White House. His lawyers have argued several times that the case properly belongs in federal court, rather than the New York State Court in which it was brought, given that evidence in the case involved actions taken during his first presidency. Prosecutors working for the Manhattan district attorney, Alvin L. Bragg, have countered that the accusations of which Mr. Trump was eventually found guilty — the falsification of 34 business records to disguise reimbursements for a hush-money payment to a porn star — have nothing to do with the presidency and that Mr. Trump was acting in his capacity as a private citizen. A federal judge who has scrutinized the case, Alvin K. Hellerstein, has agreed with the Manhattan prosecutors. But Mr. Trump's lawyers have appealed Mr. Hellerstein's decision, leading to the arguments on Wednesday at the U.S. Court of Appeals for the Second Circuit in Manhattan. There, a lawyer from Mr. Trump's new legal team, Jeffrey B. Wall, argued that the Supreme Court's 2024 decision on presidential immunity — which held that Mr. Trump was immune from prosecution for acts taken in his official presidential capacity — provided a new rationale for moving the criminal case to federal court. Doing so could allow Mr. Trump's lawyers to appear in a more favorable forum for persuading judges to overturn the case — four Supreme Court justice have already indicated that they might be favorable to his point of view. However, Mr. Trump could not pardon himself for the state conviction even if the case was moved to federal court. Want all of The Times? Subscribe.
06-05-2025
- Politics
2nd judge rules Trump's use of Alien Enemies Act for deportations is unlawful
A federal judge in New York ruled Tuesday that the Alien Enemies Act"was not validly invoked" by the Trump administration when it opted to deport alleged Tren de Aragua members, marking the second time a judge has deemed the administration's use of the AEA unlawful. U.S. District Judge Alvin Hellerstein on Tuesday granted a preliminary injunction in the case of two plaintiffs identified by their initials, G.F.F. and J.G.O, who were pulled off planes to El Salvador and transferred back to New York from Texas, where they had been detained on suspicion of alignment with the Venezuelan Tren de Aragua gang. The Trump administration has invoked the Alien Enemies Act -- an 18th century wartime authority used to remove noncitizens with little-to-no due process -- to deport alleged migrant gang members by arguing that Tren de Aragua is a "hybrid criminal state" that is invading the United States.
Washington Post
22-04-2025
- Politics
- Washington Post
Two federal courts extend deportation block under Alien Enemies Act
Two federal courts on Tuesday temporarily restrained the Trump administration from deporting individuals in their districts under the Alien Enemies Act, with one judge comparing the government's deportation tactics to barbaric events in European history and the other requiring a specific time frame for the government to provide deportation notices. U.S. District Judge Alvin Hellerstein, who is presiding over a lawsuit in New York, extended by two weeks an order that required immigration officials to give individuals targeted for removal both notice and an opportunity for a hearing. He will also decide on whether to impose more long-term restrictions on the administration's use of the wartime law.
Yahoo
10-04-2025
- Politics
- Yahoo
Federal judges block deportations of 5 Venezuelans
April 9 (UPI) -- Two Venezuelans in New York and three in Texas must undergo deportation hearings before being deported, federal judges ruled on Wednesday. Attorneys for two Venezuelans accused of being members of the Tren de Aragua gang in New York filed writs of habeas corpus to demand immigration court hearings to determine whether or not they should be deported under the provisions of the Alien Enemies Act of 1798, CBS News reported. The pair are being detained in Orange County, N.Y., and U.S. District of Southern New York judge Alvin Hellerstein granted their petitions before Immigration and Customs Enforcement officials move them out of state or deport them out of the country. The two on Monday lost their bid to prevent deportation under the Alien Enemies Act but were granted the right to due process upon the filing of writs of habeas corpus. They are represented by the American Civil Liberties Union and have hearings scheduled on April 22. The three men in Texas likewise had their deportations delayed after U.S. District of Southern Texas Judge Fernando Rodriquez Jr. temporarily blocked their deportations and scheduled hearings for the three on Friday, The Hill reported. Rodriguez's order also stops ICE from deporting others who are being held in Texas and are subject to deportation under the Alien Enemies Act. The Trump administration is using the Alien Enemies Act to target members of Tren de Aragua, MS13 and other gangs that President Donald Trump recently designated as terrorist organizations. The U.S. Supreme Court on Monday by a 5-4 decision ruled the Trump administration can use the Alien Enemies Act to remove gang members but said they are subject to due process upon the filing of writs of habeas corpus. The hearings must be conducted in the courts of jurisdictionwhere they are held and not through federal district courts located elsewhere. The hearings give the defendants time to prepare a legal defense while requiring the federal government to show evidence of why the Alien Enemies Act applies and why each should be deported.
Yahoo
09-04-2025
- Politics
- Yahoo
Judges temporarily block 5 Venezuelans' deportations under Alien Enemies Act
Federal judges in New York and Texas temporarily blocked the Trump administration from deporting five Venezuelan men it alleges are gang members by using the Alien Enemies Act. The American Civil Liberties Union (ACLU) filed both lawsuits after the Supreme Court on Monday rejected the men's attempt to bring their challenge before a federal judge in Washington, D.C. Instead, the high court said they should raise their claims via a habeas petition, which must be brought where someone is physically detained. In New York, where two of the men are being held, U.S. District Judge Alvin Hellerstein on Tuesday agreed to the ACLU's request to block their deportations until he can address their legal arguments. An appointee of former President Clinton, Hellerstein will hold additional oral arguments for April 22 before he makes his ruling. In Texas, where the other three men are being held, U.S. District Judge Fernando Rodriguez, Jr. similarly issued an order temporarily blocking their removals. Rodriguez, a Trump appointee, scheduled a hearing for Friday. 'The Court finds that maintaining the status quo is required to afford the parties the ability to develop a fuller record for the Court to consider the request for a preliminary injunction and other forms of relief,' the judge wrote in his ruling. Rodgriguez's order also prevents the administration from using the Alien Enemies Act to remove anyone else being held at the El Valle Detention Center, located in South Texas. The 1798 Alien Enemies Act enables migrants to be summarily deported amid a declared war or an 'invasion' by a foreign nation. The law has been leveraged just three previous times, all during wars, but Trump contends he can use it because the Venezuelan gang Tren de Aragua is effectively invading the United States. The administration used the law to quickly deport hundreds of Venezuelan migrants to a notorious Salvadoran prison. Copyright 2025 Nexstar Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.
