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A.A.R.P. v. Trump

Emergency application for stay is granted on May 16, 2025. The judgment of the U.S. Court of Appeals for the 5th Circuit is vacated and the case is remanded with instruction. Justice Kavanaugh filed a concurring opinion. Justice Alito filed a dissent, joined by Justice Thomas.

Docket No. Argument Opinion Vote Author Term
24a1007 TBD TBD TBD TBD OT 2024

Issue: Whether the Supreme Court should stay the removal of a proposed class of Venezuelan men in immigration custody and preserve the status quo for individuals challenging their removal under the Alien Enemies Act in the U.S. District Court for the Northern District of Texas.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
04/18/2025Application (24A1007) for injunction, submitted to Justice Alito.
04/18/2025Application (24A1007) referred to the Court.
04/19/2025There is before the Court an application on behalf of a putative class of detainees seeking an injunction against their removal under the Alien Enemies Act. The matter is currently pending before the Fifth Circuit. Upon action by the Fifth Circuit, the Solicitor General is invited to file a response to the application before this Court as soon as possible. The Government is directed not to remove any member of the putative class of detainees from the United States until further order of this Court. See 28 U. S. C. §1651(a). Justice Thomas and Justice Alito dissent from the Court’s order. Statement from Justice Alito to follow.
04/19/2025Justice Alito, with whom Justice Thomas joins, dissenting. (Detached Opinion)
04/19/2025Response to application from respondents Donald J. Trump, et al. filed.
04/21/2025Reply of applicants A.A.R.P., et al. filed.
04/23/2025Motion for Leave to File Supplemental Appendix Under Seal filed by applicant A.A.R.P., et al.
05/11/2025Letter from applicants A.A.R.P., et al. notifying the Court of the District Court decision filed.
05/12/2025Supplemental brief of respondents Donald J. Trump, et al. filed.
05/14/2025Supplemental brief of applicants A.A.R.P., et al. filed.
05/16/2025Motion for Leave to File Supplemental Appendix Under Seal GRANTED.
05/16/2025The application for an injunction pending further proceedings is granted. Additionally, applicants suggested this Court treat the application as a petition for a writ of certiorari; doing so, the petition is granted (case No. 24-1177). The judgment of the Fifth Circuit is vacated, and the case is remanded to the Fifth Circuit. In resolving the detainees’ appeal, the Fifth Circuit should address (1) all the normal preliminary injunction factors, including likelihood of success on the merits, as to the named plaintiffs’ underlying habeas claims that the AEA does not authorize their removal pursuant to the President’s March 14, 2025, Proclamation, and (2) the issue of what notice is due, as to the putative class’s due process claims against summary removal. The Government is enjoined from removing the named plaintiffs or putative class members in this action under the AEA pending order by the Fifth Circuit and disposition of the petition for a writ of certiorari, if such writ is timely sought. Should the petition for a writ of certiorari be denied, this order shall terminate automatically. In the event the petition for a writ of certiorari is granted, the order shall terminate upon the sending down of the judgment of this Court. Justice Kavanaugh, concurring (detached opinion). Justice Alito, with whom Justice Thomas joins, dissenting (detached opinion). (Detached Opinion)