Case: Viloria Aviles v. Trump

2:25-cv-00611 | U.S. District Court for the District of Nevada

Filed Date: April 3, 2025

Case Ongoing

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Case Summary

This case is one of several lawsuits challenging the Trump administration’s use of the Alien Enemies Act to detain and deport noncitizens without due process. You can see all of the cases here. On April 3, 2025, a Venezuelan citizen detained in Nevada and represented by the University of Nevada Las Vegas Immigration Clinic filed a petition for writ of habeas corpus in the United States District Court for the District of Nevada. He challenged the government’s use of the Alien Enemies Act to depo…

This case is one of several lawsuits challenging the Trump administration’s use of the Alien Enemies Act to detain and deport noncitizens without due process. You can see all of the cases here.

On April 3, 2025, a Venezuelan citizen detained in Nevada and represented by the University of Nevada Las Vegas Immigration Clinic filed a petition for writ of habeas corpus in the United States District Court for the District of Nevada. He challenged the government’s use of the Alien Enemies Act to deport him and other Venezuelans. He also asked the court to temporarily restrain his removal from Nevada while the court determined whether the government’s use of the AEA was unlawful.  The case was assigned to Judge Gloria Maria Navarro. The national ACLU subsequently joined the case.

Petitioner was legally permitted to reside in Salt Lake City until he was arrested and detained by Immigration Customs & Enforcement (“ICE”) in Utah on or about February 17, and transferred to the Nevada Southern Detention Center in Pahrump, Nevada.  On April 4, ICE transferred petitioner to a facility in New Mexico and, then "on or about April 14" relocated him to the Bluebonnet Detention Facility in Texas.

The government initiated removal proceedings under the Immigration and Nationalization Act, 8 U.S.C. §1229a during this time.  Petitioner was scheduled to have a bond hearing in New Mexico on April 9, but the immigration judge ruled that the court lacked jurisdiction after petitioner's transfer to Texas.  On April 16, however, an immigration judge New Mexico, scheduling a hearing on the merits of petitioner’s challenges to removal for June 20, 2025. 

On April 15, Judge Navarro granted an emergency temporary restraining order (TRO) restraining the government from removing the petitioner from the United States. Two days later, Judge Navarro issued a preliminary injunction prohibiting the government from removal until after the hearing on the merits of Petitioner’s challenges to removal on June 20, 2025.

Judge Navarro rejected the government's argument that the court's jurisdiction terminated with either the relocation of petitioner out of Nevada or with the government's assertion that the petitioner had not been designated for removal.  She found that a preliminary injunction to maintain the status quo and to preserve the court's jurisdiction was warranted.  She also noted that the merits leaned towards the petitioner as the government had not provided "the type of notice they intend to provide or how much time they will give Petitioner before seeking to remove him under the AEA" as required by the Supreme Court in Trump v. J.G.G. (U.S. Apr. 7, 2025).

On June 3, Judge Navarro granted the parties joint stipulation to stay the proceedings pending a decision from the U.S. Court of Appeals for the Fifth Circuit in W.M.M. v. Trump

This case is ongoing.

Summary Authors

Catherine Grosso (5/31/2025)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/69843017/parties/viloria-aviles-v-trump/


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Documents in the Clearinghouse

Document
1

2:25-cv-00611

Verified Petition for a Writ of Habeas Corpus Pursuant to 28 U.S.C. § 2241

April 3, 2025

April 3, 2025

Complaint
7

2:25-cv-00611

Order Granting Temporary Restraining Order

April 15, 2025

April 15, 2025

Order/Opinion
14

2:25-cv-00611

Order Granting Preliminary Injunction

April 17, 2025

April 17, 2025

Order/Opinion

2025 WL 1410710

33

2:25-cv-00611

Joint Stipulation to Stay the Proceedings (First Request)

May 27, 2025

May 27, 2025

Order/Opinion
35

2:25-cv-00611

Joint Stipulation to Stay the Proceedings (Second Request)

June 3, 2025

June 3, 2025

Pleading / Motion / Brief

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/69843017/viloria-aviles-v-trump/

Last updated July 16, 2025, 2:46 p.m.

ECF Number Description Date Link Date / Link
1

PETITION for Writ of Habeas Corpus (Filing fee $ 5 receipt number ANVDC-8008738) by Adrian Arturo Viloria Aviles. (Kagan, Michael) (Entered: 04/03/2025)

April 3, 2025

April 3, 2025

Clearinghouse
2

CIVIL COVER SHEET to 1 Petition for Writ of Habeas Corpus by Petitioner Adrian Arturo Viloria Aviles. (Corral, Melissa) (Entered: 04/04/2025)

April 4, 2025

April 4, 2025

PACER
3

ORDER Directing Service of 1 Petition for Writ of Habeas Corpus and Response. IT IS FURTHER ORDERED that respondents must appear in this action within 3 days of the date of this order and file and serve their response to the petition within 14 days of the date of this order, unless additional time is allowed for good cause shown. Signed by Judge Gloria M. Navarro on 4/7/2025. (Copies have been distributed pursuant to the NEF; cc: Copy of Petition to Respondents: Christopher Chestnut, Jason Knight, Madison Sheahan, Kristi Noem, cc: AUSA - MAM) Modified on 4/7/2025 ( MAM). (Entered: 04/07/2025)

April 7, 2025

April 7, 2025

RECAP

Assign Judges in Civil Case

April 7, 2025

April 7, 2025

PACER
4

NOTICE of Appearance by attorney Christian Ramses Ruiz on behalf of Respondents Donald J. Trump, Pamela Bondi, Kristi Noem, Madison Sheahan, Marco Rubio, Jason Knight, Christopher Chestnut. (Ruiz, Christian) (Entered: 04/09/2025)

April 9, 2025

April 9, 2025

PACER
5

NOTICE of Appearance by attorney Sadmira Ramic on behalf of Petitioner Adrian Arturo Viloria Aviles. (Ramic, Sadmira) (Entered: 04/14/2025)

April 14, 2025

April 14, 2025

PACER
6

Emergency MOTION for Temporary Restraining Order by Petitioner Adrian Arturo Viloria Aviles. Responses due by 4/28/2025. (Attachments: # 1 Exhibit Exhibits in Support)(Corral, Melissa) (Entered: 04/14/2025)

April 14, 2025

April 14, 2025

PACER
7

ORDER. Having considered Plaintiff-Petitioner's 6 Motion for a Temporary Restraining Order, the court will grant relief as follows to maintain the status quo: IT IS ORDERED that and that Respondents (excluding the President with respect to any injunctive relief), their agents, representatives, and all persons or entities acting in concert with them are hereby restrained for 48 hours until 3:00 pm Thursday April 17, 2025 from removing Petitioner from the United States pursuant to the Alien Enemies Act and any Proclamation invoking the Act; IT IS FURTHER ORDERED that Respondents shall file a Response by 9:00 am, Wednesday, April 16. IT IS FURTHER ORDERED that this matter is set for hearing at 11:00 am, Wednesday, April 16, in Courtroom 7D at which time the Petitioner will have an opportunity reply to the government's written response. Signed by Judge Gloria M. Navarro on 4/15/2025. (Copies have been distributed pursuant to the NEF - ALZ) (Entered: 04/15/2025)

April 15, 2025

April 15, 2025

Clearinghouse
8

First MOTION for Leave to Appear Telephonically, by Petitioner Sadmira Ramic. Responses due by 4/29/2025. (Ramic, Sadmira) (presiding) (Entered: 04/15/2025)

April 15, 2025

April 15, 2025

PACER
9

MOTION/VERIFIED PETITION for Permission to Practice Pro Hac Vice by Lee Gelernt and DESIGNATION of Local Counsel Sadmira Ramic (Filing fee $ 250 receipt number ANVDC-8020826) by Petitioner Adrian Arturo Viloria Aviles. (Ramic, Sadmira) (Entered: 04/15/2025)

April 15, 2025

April 15, 2025

PACER
10

RESPONSE to 7 Order,,,, Set/Reset Deadlines & Hearings,,, by Respondents Donald J. Trump, Pamela Bondi, Kristi Noem, Madison Sheahan, Marco Rubio, Jason Knight, Christopher Chestnut. (Ruiz, Christian) (Entered: 04/16/2025)

April 16, 2025

April 16, 2025

PACER

Minute Order AND Order on Motion for Leave to Appear

April 16, 2025

April 16, 2025

PACER

Status Conference

April 16, 2025

April 16, 2025

PACER
11

MINUTE ORDER IN CHAMBERS of the Honorable Judge Gloria M. Navarro on 4/16/2025. Pending before the Court is the First Motion for Leave to Appear Telephonically, filed by Petitioner Sadmira Ramic, (ECF No. 8]). Counsel is based in New York. For good cause appearing, IT IS HEREBY ORDERED that the Motion for Leave is GRANTED. (Copies have been distributed pursuant to the NEF - SKV) (Entered: 04/16/2025)

April 16, 2025

April 16, 2025

PACER
12

ORDER granting 9 Verified Petition for Permission to Practice Pro Hac Vice Attorney as to Lee Gelernt for Adrian Arturo Viloria Aviles and approving Designation of Local Counsel as to Sadmira Ramic. Signed by Judge Gloria M. Navarro on 4/16/2025. Any Attorney not yet registered with the Court's e-filng system shall register on the PACER website www.pacer.gov(Copies have been distributed pursuant to the NEF - GA) (Entered: 04/16/2025)

April 16, 2025

April 16, 2025

PACER
13

MINUTES OF PROCEEDINGS - Status Conference held on 4/16/2025 before Judge Gloria M. Navarro. Crtrm Administrator: NEV; Petitioner's Counsel: Lee Gelernt, Esq. via Zoom, Melissa Corral, Esq., Michael Kagan, Esq., and Sadmira Ramic, Esq.; Respondents' Counsel: Christina Ruiz, AUSA and Summer Johnson, AUSA; Electronic Court Recorder Operator: Alex Miller; Recording start and end times: 11:08 a.m. - 12:01 p.m.; Courtroom: 7D. The Court makes preliminary remarks and poses questions to counsel. Counsels respond and agree to the Court issuing the following. IT IS ORDERED that a limited preliminary injunction is GRANTED. The Government is prohibited from removing the Petitioner from the United States until after his Merits Hearing which is currently scheduled for 6/20/2025. Any party can file a document requesting the Court to alter this preliminary injunction order for good cause. Government's Response to the Petition will still be due 4/21/2025 unless an alternate briefing schedule is provided by the parties. A written preliminary injunction order shall follow. The Court adjourns. (no image attached) (Copies have been distributed pursuant to the NEF - NEV) (Entered: 04/16/2025)

April 16, 2025

April 16, 2025

PACER
14

ORDER. IT IS ORDERED that a limited preliminary injunction is GRANTED. The Government is prohibited from removing the Petitioner from the United States until after his merits hearing that is currently scheduled for June 20, 2025. Any party can file a document requesting the Court to alter this Preliminary Injunction Order for good cause. IT IS FURTHER ORDERED that the Government's Response to the Petition remainsdue April 21, 2025, unless an alternate briefing schedule is provided by the parties. Signed by Judge Gloria M. Navarro on 4/17/2025. (Copies have been distributed pursuant to the NEF - MAM) (Entered: 04/17/2025)

April 17, 2025

April 17, 2025

Clearinghouse
15

Joint STIPULATION by Petitioner Adrian Arturo Viloria Aviles. (Kagan, Michael) (other) (nondispositive) (Entered: 04/18/2025)

April 18, 2025

April 18, 2025

PACER

Minute Order AND Order on Stipulation

April 18, 2025

April 18, 2025

PACER

Minute Order AND Order on Verified Petition for Permission to Practice Pro Hac Vice

April 18, 2025

April 18, 2025

PACER
16

MINUTE ORDER IN CHAMBERS of the Honorable Judge Gloria M. Navarro on 4/18/2025. Pending before the Court is the 15 Joint Stipulation filed by Petitioner Adrian Arturo Viloria Aviles. The Stipulation was filed and signed by Petitioner's counsel Michael Kagan, but does not include a signature from Respondent's counsel. See LR IC 2-1 (i); LR IC 5-1. Accordingly, IT IS HEREBY ORDERED that the 15 Joint Stipulation is DENIED without prejudice. (Copies have been distributed pursuant to the NEF - SKV) Modified on 4/18/2025 (SKV). (Entered: 04/18/2025)

April 18, 2025

April 18, 2025

PACER
17

NOTICE of Appearance by attorney Summer Allegra Johnson on behalf of Respondents Donald J. Trump, Pamela Bondi, Kristi Noem, Madison Sheahan, Marco Rubio, Jason Knight, Christopher Chestnut. (Johnson, Summer) (Entered: 04/18/2025)

April 18, 2025

April 18, 2025

PACER
18

See 23 Notice of Corrected Image. MOTION/VERIFIED PETITION for Permission to Practice Pro Hac Vice by Daniel Galindo and DESIGNATION of Local Counsel Sadmira Ramic (Filing fee $ 250 receipt number ANVDC-8025327) by Petitioner Adrian Arturo Viloria Aviles. (Ramic, Sadmira) Modified on 4/21/2025 (HAM). (Entered: 04/18/2025)

April 18, 2025

April 18, 2025

PACER
19

MOTION/VERIFIED PETITION for Permission to Practice Pro Hac Vice by My Khanh Ngo and DESIGNATION of Local Counsel Sadmira Ramic (Filing fee $ 250 receipt number ANVDC-8025342) by Petitioner Adrian Arturo Viloria Aviles. (Ramic, Sadmira) (Entered: 04/18/2025)

April 18, 2025

April 18, 2025

PACER
20

Joint STIPULATION by Petitioner Adrian Arturo Viloria Aviles. (Kagan, Michael) (other) (nondispositive) (Entered: 04/18/2025)

April 18, 2025

April 18, 2025

PACER
21

MINUTE ORDER IN CHAMBERS of the Honorable Judge Gloria M. Navarro on 4/18/2025. Pending before the Court is the 18 Petition to Practice Pro Hac Vice, filed by Petitioner Daniel Galindo. Under this Court's Local Rules, a verified petition to practice in a particular case must include "an attached certification issued within six months before the date of filing of the verified petition that the applicants membership is in good standing from the state bar or from the clerk of the supreme court or highest admitting court of every state... in which the applicant has been admitted to practice law." LR 11-1(b)(3). The 18 Petition notes that Petitioner was admitted to the California State Bar and lists a bar number. (See Petition at 2, ECF No. 18 ). However, the 18 Petition does not include a Certificate of Good Standing for California. Accordingly, IT IS HEREBY ORDERED that the Court DEFERS ruling on the 18 Petition. IT IS FURTHER ORDERED that Petitioner shall have until May 2, 2025, to file a corrected Verified Petition using the "Notice of Corrected Image/Document" event that includes all applicable Certificates of Good Standing. Failure to timely remedy the deficiencies WILL result in the denial of the Verified Petition and petitioners requirement to repay the filing fee. (Copies have been distributed pursuant to the NEF - SKV) (Entered: 04/18/2025)

April 18, 2025

April 18, 2025

PACER
22

ORDER granting 20 Stipulated Briefing Schedule : Amended Petition due by 5/5/2025. Responses due by 5/27/2025. Replies due by 6/3/2025. Signed by Judge Gloria M. Navarro on 4/18/2025. (Copies have been distributed pursuant to the NEF - DRM) (Entered: 04/18/2025)

April 18, 2025

April 18, 2025

RECAP
24

ORDER Granting 19 Verified Petition for Permission to Practice Pro Hac Vice for Attorney My Khanh Ngo for Adrian Arturo Viloria Aviles and approving Designation of Local Counsel Sadmira Ramic. Signed by Judge Gloria M. Navarro on 4/18/2025. Any Attorney not yet registered with the Court's e-filng system shall register on the PACER website www.pacer.gov(Copies have been distributed pursuant to the NEF - AMMi) (Entered: 04/21/2025)

April 18, 2025

April 18, 2025

PACER
23

NOTICE of Corrected Image/Document re 18 Motion for Permission to Practice Pro Hac Vice - Verified Petition, for attorney Daniel Galindo, by Petitioner Adrian Arturo Viloria Aviles. (Service of corrected image is attached.) (Ramic, Sadmira) (Entered: 04/21/2025)

April 21, 2025

April 21, 2025

PACER
25

ORDER Granting 18 Verified Petition for Permission to Practice Pro Hac Vice for Attorney Daniel Galindo for Adrian Arturo Viloria Avileas and approving Designation of Local Counsel Sadmira Ramic. Signed by Judge Gloria M. Navarro on 4/21/2025. Any Attorney not yet registered with the Court's e-filng system shall register on the PACER website www.pacer.gov(Copies have been distributed pursuant to the NEF - AMMi) (Entered: 04/21/2025)

April 21, 2025

April 21, 2025

PACER
26

TRANSCRIPT of Proceedings, 13 Status Conference, held on 4/16/2025, before Judge Gloria M. Navarro. Court Reporter: Patricia Ganci, Patricia_Ganci@nvd.uscourts.gov. Any Redaction Request is due by 5/13/2025. Release of the Transcript Restriction is set for 7/21/2025. Before release date, the transcript may be viewed at the court public terminal or purchased through the court reporter. After release date, it may be obtained through the court reporter or PACER. THIS TRANSCRIPT MUST NOT BE ATTACHED AS AN EXHIBIT OR MADE PART OF AN APPENDIX. See Local Rule IA 10-3.(b). (PG) (Entered: 04/22/2025)

April 22, 2025

April 22, 2025

PACER
27

AMENDED PETITION FOR WRIT OF HABEAS CORPUS PURSUANT TO 28 U.S.C. § 2241 by Adrian Arturo Viloria Aviles. Adds new parties. (Attachments: # 1 Exhibit) (Kagan, Michael) Modified on 5/6/2025 (NEV). (Entered: 05/05/2025)

May 5, 2025

May 5, 2025

PACER
28

NOTICE: Attorney Action Required to 27 Amended Petition for Removal. Attorney Michael Kagan advised to refile using the event for an Amended Petition for Writ of Habeas Corpus, not a Petition for Removal. (no image attached) (HAM) (Entered: 05/06/2025)

May 6, 2025

May 6, 2025

PACER

QC Notice

May 6, 2025

May 6, 2025

PACER

Notice Attorney Action Required

May 6, 2025

May 6, 2025

PACER
29

CLERK'S NOTICE Regarding Local Rule IC 2-1. Attorneys Lee Gelernt and My Khanh Ngo are in violation of Local Rule IC 2-1(a) and 2-1(d). You are required to register for the electronic service of pleadings and other papers. Please visit the PACER website www.pacer.gov to complete the registration. (no image attached) (HAM) (Entered: 05/06/2025)

May 6, 2025

May 6, 2025

PACER
30

ERROR: Docketed in error. See 27 Petition. AMENDED PETITION for Writ of Habeas Corpus by Adrian Arturo Viloria Aviles. Adds and removes parties. (Attachments: # 1 Exhibit) (Kagan, Michael) Modified on 5/6/2025 (HAM). (Entered: 05/06/2025)

May 6, 2025

May 6, 2025

PACER
31

CLERK'S NOTICE Regarding Local Rule IC 2-1. Attorney Daniel Galindo is in violation of Local Rule IC 2-1(a) and 2-1(d). in violation of Local Rule IC 2-1(a) and 2-1(d). You are required to register for the electronic service of pleadings and other papers. Please visit the PACER website www.pacer.gov to complete the registration. (no image attached) (HAM) (Entered: 05/09/2025)

May 9, 2025

May 9, 2025

PACER

QC Notice

May 9, 2025

May 9, 2025

PACER
32

Joint STIPULATION TO STAY CASE by Respondents Donald J. Trump, Pamela Bondi, Kristi Noem, Madison Sheahan, Marco Rubio, Jason Knight, Christopher Chestnut. (Ruiz, Christian) (stay) (dispositive) (Entered: 05/27/2025)

May 27, 2025

May 27, 2025

PACER
33

ORDER Granting 32 Stipulation to Stay Case. This case in abeyance for a short period of 3 days, or until May 30, 2025. Case is stayed until further order of this court. Signed by Judge Gloria M. Navarro on 5/27/2025. (Copies have been distributed pursuant to the NEF - ALZ) (Entered: 05/27/2025)

May 27, 2025

May 27, 2025

Clearinghouse
34

Second STIPULATION TO STAY CASE by Respondents Donald J. Trump, Pamela Bondi, Kristi Noem, Madison Sheahan, Marco Rubio, Jason Knight, Christopher Chestnut. (Ruiz, Christian) (stay) (dispositive) (Entered: 05/29/2025)

May 29, 2025

May 29, 2025

PACER
35

ORDER granting 34 Stipulation to Stay the Proceedings. Signed by Judge Gloria M. Navarro on 6/3/2025.(Copies have been distributed pursuant to the NEF - DLS) (Entered: 06/04/2025)

June 3, 2025

June 3, 2025

RECAP

Case Details