This poses an interesting legal question. Since the judge ruled once the plane was in international airspace, would the US have jurisdiction? Or would say mercantile laws or airspace laws apply making it a weird legal hack to deport these "gang members"?
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If US law doesn't matter to US planes run by the US government, then...
The judge specifically said that he did not have jurisdiction over deportees who had already landed on foreign soil, but could order planes in the air to return.