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J.A.V. v. Trump

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Case page of J.A.V. v. Trump.

Overview[edit]

Case Summary:

This case challenges the Alien Enemies Act in the Southern District of Texas, using the mechanism (class action writ of habeas) required by the Supreme Court's J.G.G. ruling (April 7, 2025).

Case Status:

The district court ruled (May 1, 2025) that the government was not allowed to use the AEA to "detain[], transfer[], or remov[e]" anyone in the class. The government appealed (June 27, 2025) this decision to the Fifth Circuit, which has stayed the ruling while the W.M.M. v. Trump case is ongoing.

Upcoming Events:


Date Summary Court

Topics Involved:


Courts Involved:

Court Level Court Docket Number Judge
Federal Courts of Appeals Fifth Circuit 25-40400 Not Available
Federal Trial Courts Southern District of Texas 1:25-cv-00072 Fernando Rodriguez Jr.

Detailed Timeline[edit]

List of all events in this case:


Date Summary Court
2025-04-09 The plaintiffs ask the court grant them protection from the Alien Enemies Act in the Southern District of Texas. SOURCE NEWS Southern District of Texas
2025-04-09 The plaintiffs ask for a Temporary Restraining Order (TRO) to preserve the status quo in the short term (i.e. keep them from being removed under the AEA). SOURCE Southern District of Texas
2025-04-09 The plaintiffs ask for class certification, confirming that everyone who could be subject to the AEA is protected, not just those named in the case (pseudonymously). SOURCE Southern District of Texas
2025-04-09 The court grants the TRO, stopping the federal government from using the AEA to remove anyone, until at least April 23, 2025. SOURCE Southern District of Texas
2025-04-11 The court extends the TRO through April 25, and sets a timeline for the hearings on a Preliminary Injunction (PI) that would stop the use of the AEA throughout the entire litigation process. SOURCE Southern District of Texas
2025-04-16 The plaintiffs formally ask for a PI, to stop the AEA from being used until the court reaches a final decision. SOURCE Southern District of Texas
2025-04-23 The government responds to the motion for a PI that would stop the AEA from being used during the judicial process.

Crucially, ICE's Cisneros declaration revealed more about the AEA removal process, at odds with arguments made at SCOTUS in the related WMM case. SOURCE NEWS

Southern District of Texas
2025-04-25 The TRO is extended, so the AEA can't be used until at soonest May 2, 2025. SOURCE Southern District of Texas
2025-05-01 The court grants the class certification, confirming that everyone who could be subject to the AEA is protected, not just those named in the case (pseudonyously). SOURCE Southern District of Texas
2025-05-01 The court explains its reasoning for why the AEA can't be used as-invoked in March 2025. SOURCE Southern District of Texas
2025-05-01 The court formalizes its final judgement that the AEA's use was "unlawful." SOURCE NEWS Southern District of Texas
2025-06-27 The government gives notice that it will appeal to the Fifth Circuit the decision that the AEA cannot be used in the Southern District of Texas. SOURCE NEWS Southern District of Texas
2025-06-30 The government's appeal to the Fifth Circuit shows up on the docket.

They seek to overturn the district court's ruling that the AEA cannot be used in the Southern District of Texas. SOURCE

Fifth Circuit
2025-07-09 Govt moves (unopposed) to stay the ongoing proceedings pending the other relevant case before the Fifth Circuit, W.M.M. v. Trump. SOURCE Fifth Circuit
2025-07-14 Fifth Circuit orders proceedings in this case stayed while W.M.M. v. Trump is ongoing before the same court. SOURCE Fifth Circuit