Jurisdiction-stripping provision of the INA violates the Suspension Clause when immigrant children who have attained a Congressionally designated status of special indigence that cannot be lifted without some due process are prohibited from seeking the writ. The INA preserves both the Congressional power to deport and the Congresional power not to deport.
TRO is justified to bar expedited removal of such children -- on merits, without remand.
http://www2.ca3.uscourts.gov/opinarch/172159p.pdf
Since 2011. An occasional commonplacing of the U.S. Circuit Courts of Appeal.
Neither an authoritative statement of the law nor legal advice. Quick work.