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⚖ The Constitutional Angle
Persons who have entered the United States, lawfully or not, cannot be removed without due process. Yamataya v. Fisher set that floor at notice and a meaningful opportunity to be heard. Truncated notice fails the test: A. A. R. P. v. Trump ruled that notice roughly 24 hours before removal, without information on how to contest it, does not pass muster. These removals stand or fall on the same standard.
Kaoru Yamataya v. Thomas M. Fisher, Immigrant and Chinese Inspector (The Japanese Immigrant Case) 189 U.S. 86 (1903)
Vote: Majority for the Court (Harlan); Brewer and Peckham dissenting. Exact 7-2 tally not… · Opinion: Harlan
Although Congress may commit exclusion and deportation to executive officers without judicial trial, an alien who has landed and become part of the U.S.
A. A. R. P. v. Trump, President of the United States 605 U.S. ___ (2025) (per curiam)
Vote: 7-2 · Opinion: Per curiam (unsigned)
The Court (having intervened by an extraordinary post-midnight order on April 19, 2025 barring removals from the Northern District of Texas) held: (1) it had jurisdiction because the district court's inaction in the face of imminent removals had the practical effect of refusing an injunction; (2) on notice, the government's practice flunked due process — 'notice roughly 24 hours before removal, devoid of information about how to exercise due process rights to contest that removal, surely does not pass muster' under Trump v.
Precedent facts from the PW Law Library — primary-source verified & independently audited
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