Case: J.A.V. v. Trump

1:25-cv-00072 | U.S. District Court for the Southern District of Texas

Filed Date: April 8, 2025

Case Ongoing

Clearinghouse coding complete

Case Summary

This is one of several class action challenges to the Trump Administration's use of the Alien Enemies Act ("AEA") to circumvent removal procedures and deport Venezuelan nationals without due process. You can see all of the cases here. On April 9, 2025, three Venezuelan men filed a petition for writ of habeas corpus in the United States District Court for the Southern District of Texas. They named as respondents President Donald J. Trump, the Department of Justice, the Department of Homeland Sec…

This is one of several class action challenges to the Trump Administration's use of the Alien Enemies Act ("AEA") to circumvent removal procedures and deport Venezuelan nationals without due process. You can see all of the cases here.

On April 9, 2025, three Venezuelan men filed a petition for writ of habeas corpus in the United States District Court for the Southern District of Texas. They named as respondents President Donald J. Trump, the Department of Justice, the Department of Homeland Security (“DHS”), Immigration and Customs Enforcement (“ICE”), the Department of State, and the El Valle Detention Facility, the Texas ICE facility where the petitioners are being held. 

Represented by the ACLU, the petitioners challenged the Administration’s invocation of the AEA to remove them from the United States without any opportunity for a hearing or judicial review. The AEA is a wartime measure that authorizes the removal of citizens from countries with whom the United States is at war. On March 15, 2025, President Trump issued a proclamation declaring that the United States was “under invasion” by Tren de Aragua, a Venezuelan gang and designated foreign terrorist organization, and invoking the AEA. 

The petitioners alleged that this use of the AEA violated the Immigration and Nationality Act, the Foreign Affairs Reform and Restructuring Act, and the Fifth Amendment. They sought a writ of habeas corpus releasing them from detention, as well as injunctive and declaratory relief. The case was assigned to District Judge Fernando Rodriguez.

This action was spurred by the U.S. Supreme Court's decision in J.G.G. v. Trump that challenges to removals under the AEA must be brought in a habeas petition. The Court in that case vacated a temporary restraining order ("TRO") against removal of the plaintiffs because it found the venue, the District Court for the District of Columbia, to be inappropriate, since habeas petitions should be brought in the district of confinement.

Along with their habeas petition, the petitioners also filed an emergency motion for a TRO and a separate motion to certify the class. The same day the Court ordered that the petitioners were not to be removed from the United States or the Southern District of Texas while the case proceeded. A hearing was held on April 11, after which the Court issued a TRO set to expire on April 25, 2025. In addition, Judge Rodriguez ordered the plaintiffs to file a motion for a preliminary injunction by April 16, with briefing set to conclude on April 23 and a hearing scheduled for April 24, 2025.

On Thursday, April 24, 2025, Judge Rodriguez held a hearing and extended the TRO to Friday, May 2.

On Thursday, May 1, Judge Rodriguez first held that a class-like procedure was available under habeas, and then certified a class of Venezuelan aliens, 14 years old or older, who have not been naturalized, who Respondents have designated or in the future designate as alien enemies under [President's March 15 Executive Order], and who are detained or reside in the Southern District of Texas."

Then he entered a permanent injunction preventing the government from detaining, transferring, or removing J.A.V., J.G.G., W.G.H., and the members of the certified class, under the Alien Enemies Act and the Executive Order. He held:

While the [President's] Proclamation references that TdA members have harmed lives in the United States and engage in crime, the Proclamation does not suggest that they have done so through an organized armed attack, or that Venezuela has threatened or attempted such an attack through TdA members.  As a result, the Proclamation also falls short of describing a “predatory incursion” as that concept was understood at the time of the AEA’s enactment. . . . For these reasons, the Court concludes that the President’s invocation of the AEA through the Proclamation exceeds the scope of the statute and, as a result, is unlawful.  Respondents do not possess the lawful authority under the AEA, and based on the Proclamation, to detain Venezuelan aliens, transfer them within the United States, or remove them from the country.  

This case is ongoing

Summary Authors

Meredith Ulle (4/11/2025)

Catherine Grosso (5/1/2025)

Related Cases

J.G.G. v. Trump, District of District of Columbia (2025)

G.F.F. v. Trump, Southern District of New York (2025)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/69862833/parties/jav-v-trump/


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Documents in the Clearinghouse

Document
3

1:25-cv-00072

Emergency Application for a Temporary Restraining Order

April 9, 2025

April 9, 2025

Pleading / Motion / Brief
12

1:25-cv-00072

Temporary Restraining Order

April 9, 2025

April 9, 2025

Order/Opinion
4

1:25-cv-00072

Petitioners-Plaintiffs' Motion for Class Certification

April 9, 2025

April 9, 2025

Pleading / Motion / Brief
1

1:25-cv-00072

Class Petition for Writ of Habeas Corpus and Class Complaint for Declaratory and Injunctive Relief

April 9, 2025

April 9, 2025

Complaint
3-1

1:25-cv-00072

Petitioners'-Plaintiffs' Memorandum of Law in Support of a Temporary Restraining Order

April 9, 2025

April 9, 2025

Pleading / Motion / Brief
50

1:25-cv-00072

Temporary Restraining Order

April 24, 2025

April 24, 2025

Order/Opinion

2025 WL 1226023

58

1:25-cv-00072

Order and Opinion

May 1, 2025

May 1, 2025

Order/Opinion

2025 WL 1257446

57

1:25-cv-00072

Order and Opinion

May 1, 2025

May 1, 2025

Order/Opinion

2025 WL 1256990

59

1:25-cv-00072

Final Judgment and Permanent Injunction

May 1, 2025

May 1, 2025

Order/Opinion

2025 WL 1257450

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/69862833/jav-v-trump/

Last updated June 23, 2025, 9:01 a.m.

ECF Number Description Date Link Date / Link
1

PETITION for Writ of Habeas Corpus (Filing fee $ 5 receipt number ATXSDC-33214688) filed by W.G.H., J.G.G., J.A.V.. (Attachments: # 1 Civil Cover Sheet) (Pinon, Adriana) (Entered: 04/09/2025)

April 9, 2025

April 9, 2025

Clearinghouse

Set/Reset Hearings & Other Court Settings

April 9, 2025

April 9, 2025

PACER
2

Request for Issuance of Summons as to Pamela Bondi, Robert Cerna, Todd Lyons, Kristi Noem, Marco Rubio, Donald J. Trump, U.S. Department of Homeland Security, U.S. Department of State, U.S. Immigration and Customs Enforcement, Frank Venegas, filed. (Pinon, Adriana) (Entered: 04/09/2025)

April 9, 2025

April 9, 2025

PACER
3

MOTION for Temporary Restraining Order by J.A.V., J.G.G., W.G.H., filed. Motion Docket Date 4/30/2025. (Attachments: # 1 Unredacted attachment Memorandum of Law In Support of Temporary Restraining Order, # 2 Exhibit Declaration of Melissa Smyth, # 3 Exhibit Declaration of Stephanie Quintero, # 4 Exhibit Declaration of Molly Lauterback, # 5 Proposed Order) (Pinon, Adriana) (Entered: 04/09/2025)

April 9, 2025

April 9, 2025

Clearinghouse
4

MOTION to Certify Class by J.A.V., J.G.G., W.G.H., filed. Motion Docket Date 4/30/2025. (Attachments: # 1 Exhibit Declaration of Daniel Galindo, # 2 Proposed Order) (Pinon, Adriana) (Entered: 04/09/2025)

April 9, 2025

April 9, 2025

Clearinghouse
5

MOTION For Leave To Proceed Under Pseudonyms by J.A.V., J.G.G., W.G.H., filed. Motion Docket Date 4/30/2025. (Attachments: # 1 Proposed Order) (Pinon, Adriana) (Entered: 04/09/2025)

April 9, 2025

April 9, 2025

PACER
6

MOTION to Appear Pro Hac Vice for Lee Gelernt (Fee Paid: $100, receipt number ATXSDC-33214706) by J.A.V., J.G.G., W.G.H., filed. Motion Docket Date 4/30/2025. (Pinon, Adriana) (Additional attachment(s) added on 4/9/2025: # 1 Verified Bar Membership Status) (jrl1). (Entered: 04/09/2025)

1 Verified Bar Membership Status

View on PACER

April 9, 2025

April 9, 2025

PACER
7

MOTION to Appear Pro Hac Vice for Daniel Galindo (Fee Paid: $100, receipt number ATXSDC-33214707) by J.A.V., J.G.G., W.G.H., filed. Motion Docket Date 4/30/2025. (Pinon, Adriana) (Additional attachment(s) added on 4/9/2025: # 1 Verified Bar Membership Status) (jrl1). (Entered: 04/09/2025)

1 Verified Bar Membership Status

View on PACER

April 9, 2025

April 9, 2025

PACER
8

NOTICE of Appearance by Thomas Buser-Clancy on behalf of J.A.V., J.G.G., W.G.H., filed. (Buser-Clancy, Thomas) (Entered: 04/09/2025)

April 9, 2025

April 9, 2025

PACER
9

NOTICE of Appearance by Charelle Lett on behalf of J.A.V., J.G.G., W.G.H., filed. (Lett, Charelle) (Entered: 04/09/2025)

April 9, 2025

April 9, 2025

PACER
10

ORDER granting 6 Motion for Lee Gelernt to Appear Pro Hac Vice Note: Instructions to request Texas Southern CM/ECF registration through PACER are found here.(Signed by Judge Fernando Rodriguez, Jr) Parties notified. (bce1) (Entered: 04/09/2025)

April 9, 2025

April 9, 2025

RECAP
11

ORDER granting 7 Motion for Daniel Galindo to Appear Pro Hac Vice Note: Instructions to request Texas Southern CM/ECF registration through PACER are found here.(Signed by Judge Fernando Rodriguez, Jr) Parties notified. (bce1) (Entered: 04/09/2025)

April 9, 2025

April 9, 2025

RECAP
12

TEMPORARY RESTRAINING ORDER terminating 3 MOTION for Temporary Restraining Order. This Temporary Restraining Order shall expire on the earlier of 5:00 p.m. (central time) on Tuesday, April 23, 2025, or by Order of the Court. The Court shall hold a hearing by videoconference on Friday, April 11, 2025, at 1:30 p.m., at which time the Court will consider whether to extend the temporary restraining order or issue other forms of emergency relief. (Signed by Judge Fernando Rodriguez, Jr) Parties notified. (bce1) (Entered: 04/09/2025)

April 9, 2025

April 9, 2025

Clearinghouse

***Set/Reset Hearings: Miscellaneous Hearing set for 4/11/2025 at 01:30 PM by VIDEO before Judge Fernando Rodriguez Jr (bce1)

April 9, 2025

April 9, 2025

PACER
13

Summons Issued as to 1.) Pamela Bondi, 2.) Robert Cerna, 3.) Todd Lyons, 4.) Kristi Noem, 5.) Marco Rubio, 6.) Donald J. Trump, 7.) U.S. Department of Homeland Security, 8.) U.S. Immigration and Customs Enforcement, 9.) U.S. State Department, 10.) Frank Venegas and 11.) U.S. Attorney. Issued summons delivered to plaintiff by NEF, filed. (jrl1) (Entered: 04/09/2025)

April 9, 2025

April 9, 2025

PACER
14

NOTICE of Appearance by Savannah Kumar on behalf of J.A.V., J.G.G., W.G.H., filed. (Kumar, Savannah) (Entered: 04/09/2025)

April 9, 2025

April 9, 2025

PACER
15

MOTION to Appear Pro Hac Vice for Ashley Gorski (Fee Paid: $100, receipt number ATXSDC-33222336) by J.A.V., J.G.G., W.G.H., filed. Motion Docket Date 4/30/2025. (Pinon, Adriana) (Additional attachment(s) added on 4/10/2025: # 1 Verified Bar Membership Status) (jmt1). (Entered: 04/09/2025)

April 9, 2025

April 9, 2025

PACER
16

MOTION to Appear Pro Hac Vice for Hina Shamsi (Fee Paid: $100, receipt number ATXSDC-33222337) by J.A.V., J.G.G., W.G.H., filed. Motion Docket Date 4/30/2025. (Pinon, Adriana) (Additional attachment(s) added on 4/10/2025: # 1 Verified Bar Membership Status) (jmt1). (Entered: 04/09/2025)

April 9, 2025

April 9, 2025

PACER
17

MOTION to Appear Pro Hac Vice for My Khanh Ngo (Fee Paid: $100, receipt number ATXSDC-33222338) by J.A.V., J.G.G., W.G.H., filed. Motion Docket Date 4/30/2025. (Pinon, Adriana) (Additional attachment(s) added on 4/10/2025: # 1 Verified Bar Membership Status) (jmt1). (Entered: 04/09/2025)

April 9, 2025

April 9, 2025

PACER
18

MOTION to Appear Pro Hac Vice for Noelle Smith (Fee Paid: $100, receipt number ATXSDC-33222340) by J.A.V., J.G.G., W.G.H., filed. Motion Docket Date 4/30/2025. (Pinon, Adriana) (Additional attachment(s) added on 4/10/2025: # 1 Verified Bar Membership Status) (jmt1). (Attachment 1 replaced on 4/10/2025) (jmt1). (Entered: 04/09/2025)

April 9, 2025

April 9, 2025

PACER
19

MOTION to Appear Pro Hac Vice for Omar C. Jadwat (Fee Paid: $100, receipt number ATXSDC-33222341) by J.A.V., J.G.G., W.G.H., filed. Motion Docket Date 4/30/2025. (Pinon, Adriana) (Additional attachment(s) added on 4/10/2025: # 1 Verified Bar Membership Status) (jmt1). (Entered: 04/09/2025)

April 9, 2025

April 9, 2025

PACER
20

MOTION to Appear Pro Hac Vice for Oscar Sarabia Roman (Fee Paid: $100, receipt number ATXSDC-33222343) by J.A.V., J.G.G., W.G.H., filed. Motion Docket Date 4/30/2025. (Pinon, Adriana) (Additional attachment(s) added on 4/10/2025: # 1 Verified Bar Membership Status) (jmt1). (Entered: 04/09/2025)

April 9, 2025

April 9, 2025

PACER
21

MOTION to Appear Pro Hac Vice for Patrick Toomey (Fee Paid: $100, receipt number ATXSDC-33222344) by J.A.V., J.G.G., W.G.H., filed. Motion Docket Date 4/30/2025. (Pinon, Adriana) (Additional attachment(s) added on 4/10/2025: # 1 Verified Bar Membership Status) (jmt1). (Entered: 04/09/2025)

April 9, 2025

April 9, 2025

PACER
22

MOTION to Appear Pro Hac Vice for Sidra Mahfooz (Fee Paid: $100, receipt number ATXSDC-33222345) by J.A.V., J.G.G., W.G.H., filed. Motion Docket Date 4/30/2025. (Pinon, Adriana) (Additional attachment(s) added on 4/10/2025: # 1 Verified Bar Membership Status) (jmt1). (Entered: 04/09/2025)

April 9, 2025

April 9, 2025

PACER
23

ORDER granting 15 Motion for Ashley Gorski to Appear Pro Hac Vice Note: Instructions to request Texas Southern CM/ECF registration through PACER are found here.(Signed by Judge Fernando Rodriguez, Jr) Parties notified. (bce1) (Entered: 04/10/2025)

April 10, 2025

April 10, 2025

PACER
24

ORDER granting 16 Motion for Hina Shamsi to Appear Pro Hac Vice Note: Instructions to request Texas Southern CM/ECF registration through PACER are found here.(Signed by Judge Fernando Rodriguez, Jr) Parties notified. (bce1) (Entered: 04/10/2025)

April 10, 2025

April 10, 2025

PACER
25

ORDER granting 17 Motion for My Khanh Ngo to Appear Pro Hac Vice Note: Instructions to request Texas Southern CM/ECF registration through PACER are found here.(Signed by Judge Fernando Rodriguez, Jr) Parties notified. (bce1) (Entered: 04/10/2025)

April 10, 2025

April 10, 2025

PACER
26

ORDER granting 18 Motion for Noelle Smith to Appear Pro Hac Vice Note: Instructions to request Texas Southern CM/ECF registration through PACER are found here.(Signed by Judge Fernando Rodriguez, Jr) Parties notified. (bce1) (Entered: 04/10/2025)

April 10, 2025

April 10, 2025

PACER
27

ORDER granting 19 Motion for Omar C Jadwat to Appear Pro Hac Vice Note: Instructions to request Texas Southern CM/ECF registration through PACER are found here.(Signed by Judge Fernando Rodriguez, Jr) Parties notified. (bce1) (Entered: 04/10/2025)

April 10, 2025

April 10, 2025

PACER
28

ORDER granting 20 Motion for Oscar Sarabia Roman to Appear Pro Hac Vice Note: Instructions to request Texas Southern CM/ECF registration through PACER are found here.(Signed by Judge Fernando Rodriguez, Jr) Parties notified. (bce1) (Entered: 04/10/2025)

April 10, 2025

April 10, 2025

PACER
29

ORDER granting 21 Motion for Patrick Toomey to Appear Pro Hac Vice Note: Instructions to request Texas Southern CM/ECF registration through PACER are found here.(Signed by Judge Fernando Rodriguez, Jr) Parties notified. (bce1) (Entered: 04/10/2025)

April 10, 2025

April 10, 2025

PACER
30

ORDER granting 22 Motion for Sidra Mahfooz to Appear Pro Hac Vice Note: Instructions to request Texas Southern CM/ECF registration through PACER are found here.(Signed by Judge Fernando Rodriguez, Jr) Parties notified. (bce1) (Entered: 04/10/2025)

April 10, 2025

April 10, 2025

PACER
31

NOTICE of Appearance by Daniel Hu on behalf of Pamela Bondi, Robert Cerna, Todd Lyons, Kristi Noem, Marco Rubio, Donald J. Trump, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement, U.S. State Department, Frank Venegas, filed. (Hu, Daniel) (Entered: 04/10/2025)

April 10, 2025

April 10, 2025

PACER
32

DECLARATION of Adriana Pinon re: 12 Temporary Restraining Order,,, filed. (Pinon, Adriana) (Entered: 04/10/2025)

April 10, 2025

April 10, 2025

PACER
33

NOTICE of Appearance by Sarah Wilson on behalf of Todd Lyons, Kristi Noem, Marco Rubio, Donald J. Trump, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement, U.S. State Department, Frank Venegas, filed. (Hu, Daniel) (Entered: 04/11/2025)

April 11, 2025

April 11, 2025

PACER

Miscellaneous Hearing

April 11, 2025

April 11, 2025

PACER

Set/Reset Deadlines/Hearings

April 11, 2025

April 11, 2025

PACER

FTR Audio and Files Sent

April 11, 2025

April 11, 2025

PACER

Minute Entry for proceedings held before Judge Fernando Rodriguez, Jr. Appearances: Lee Gelernt f/Petitioners; Sarah Wilson & Daniel David Hu, AUSA f/Respondents; (ERO: Efrain Garcia) (Law Clerk: Mishan Kara) [Court time: 1:41-2:06 / 2:14-2:21]. HEARING REGARDING TEMPORARY RESTRAINING ORDER held on 4/11/2025. Case called; appearances made. Court addressed parties regarding TRO in place; discussion held. Court scheduled preliminary injunction hearing and related briefing: Petitioner deadline to file motion for preliminary injunction due by 4/16/2025; Respondents Response due by 4/22/2025; Petitioners Reply due by 4/23/2025; Evidentiary Hearing set for 4/24/2025 at 1:00 p.m. in person. Court found good cause to extend TRO based on date of hearing; TRO will remove President Trump from injunctive relief and broaden relief to include individuals detained within SDTX. Written order to be issued. Parties excused. (bce1)

April 11, 2025

April 11, 2025

PACER
34

TEMPORARY RESTRAINING ORDER entered. This Temporary Restraining Order shall expire on the earlier of 12:00 p.m. (central time) on Friday, April 25, 2025, or by Order of the Court. The parties shall appear in person for a hearing on the Motion for Preliminary Injunction on Thursday, April 24, 2025, at 1:00 p.m. (central time). (Signed by Judge Fernando Rodriguez, Jr) Parties notified. (bce1) (Entered: 04/11/2025)

April 11, 2025

April 11, 2025

RECAP

***Set/Reset Deadlines/Hearings: Brief due by 4/16/2025. Responses due by 4/22/2025. Replies due by 4/23/2025 Injunction Hearing set for 4/24/2025 at 01:00 PM in Courtroom 6 before Judge Fernando Rodriguez Jr (bce1)

April 11, 2025

April 11, 2025

PACER
35

AO 435 TRANSCRIPT REQUEST by Daniel Hu for Transcript of Status Hearing-TRO 4/11/2025 before Judge Fernando Rodriguez, Jr.. Expedited (7 days) turnaround requested. Court Reporter/Transcriber: Digital Scroll Transcription Services, filed. (Hu, Daniel) (Entered: 04/11/2025)

April 11, 2025

April 11, 2025

PACER
36

AO 435 TRANSCRIPT REQUEST by Daniel Galindo for Petitioners-Plaintiffs for Transcript of Motion Hearing on 4/11/2025 before Judge Fernando Rodriguez Jr.. Daily (24 hours) turnaround requested. Court Reporter/Transcriber: Veritext Legal Solutions, filed. (Galindo, Daniel) (Entered: 04/11/2025)

April 11, 2025

April 11, 2025

PACER

FTR Audio and Files Electronically Sent to GLR Transcribing Services re 36 AO435 Transcript Request, 35 AO435 Transcript Request, as to HEARING REGARDING TEMPORARY RESTRAINING ORDER held on 4/11/25 before Judge Rodriguez, filed. (jmt1)

April 11, 2025

April 11, 2025

PACER

FTR Audio and Files Sent

April 14, 2025

April 14, 2025

PACER

FTR Audio and Files Electronically Sent to Trinity Transcription Service re 36 AO435 Transcript Request, 35 AO435 Transcript Request, as to TRO Motion Hearing held on April 11, 2025 before Judge Fernando Rodriguez, Jr.. Estimated Transcription Completion Date: 4/17/2025., filed. (dlr1)

April 14, 2025

April 14, 2025

PACER
37

ORDER entered. Motion for Preliminary Injunction shall be no longer than 35 pages; Response shall be no longer than 35 pages; and Reply shall be no longer than 12 pages. (Signed by Judge Fernando Rodriguez, Jr) Parties notified. (bce1) (Entered: 04/16/2025)

April 16, 2025

April 16, 2025

RECAP
38

NOTICE of Appearance by Lee Kovarsky on behalf of Amicus Curiae Class Action and Habeas Professors, filed. (Kovarsky, Lee) (Entered: 04/16/2025)

April 16, 2025

April 16, 2025

PACER
39

Unopposed MOTION for Leave to File Brief of Amicus Curiae Class Action and Habeas Professors by Amicus Curiae Class Action and Habeas Professors, filed. Motion Docket Date 5/7/2025. (Attachments: # 1 Proposed Order Proposed Order for leave to file Amicus Brief, # 2 Exhibit Amicus Brief to be filed) (Kovarsky, Lee) (Entered: 04/16/2025)

April 16, 2025

April 16, 2025

PACER
40

ORDER granting 39 Motion for Leave to File.(Signed by Judge Fernando Rodriguez, Jr) Parties notified. (dlr1) (Entered: 04/16/2025)

April 16, 2025

April 16, 2025

RECAP
41

BRIEF of AMICUS CURIAE CLASS ACTION AND HABEAS PROFESSORS re: 1 Petition for Writ of Habeas Corpus by Amicus Curiae Class Action and Habeas Professors, filed. (dlr1) (Entered: 04/16/2025)

April 16, 2025

April 16, 2025

PACER
42

MOTION for Preliminary Injunction by J.A.V., J.G.G., W.G.H., filed. Motion Docket Date 5/7/2025. (Attachments: # 1 Exhibit Index of Exhibits, # 2 Exhibit Declaration of Rebecca Hanson, # 3 Exhibit Declaration of Andres Antillano, # 4 Exhibit Declaration of Steven Dudley, # 5 Exhibit Declaration of Sarah Bishop, # 6 Exhibit Declaration of Juanita Goebertus, # 7 Exhibit Declaration of Paulina Reyes, # 8 Exhibit Declaration of Linette Tobin, # 9 Exhibit Declaration of Oscar Sarabia Roman) (Gelernt, Lee) (Entered: 04/16/2025)

April 16, 2025

April 16, 2025

PACER
43

TRANSCRIPT re: TRO MOTION HEARING held on April 11, 2025 before Judge Fernando Rodriguez, Jr. Court Reporter/Transcriber TRINITY TRANSCRIPTION SERVICES. Ordering Party Daniel Galindo, Esq. Release of Transcript Restriction set for 7/16/2025., filed. (cbattaglia, ) (Entered: 04/17/2025)

April 17, 2025

April 17, 2025

PACER
44

Notice of Filing of Official Transcript re: 43 Transcript,. Parties notified, filed. (SDTX_CMECF_AutoDocket, ) (Entered: 04/17/2025)

April 17, 2025

April 17, 2025

PACER
45

RESPONSE in Opposition to 42 MOTION for Preliminary Injunction, filed by Todd Lyons, Kristi Noem, Marco Rubio, Donald J. Trump, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement, U.S. State Department, Frank Venegas. (Attachments: # 1 Exhibit A: Smith Declaration, # 2 Exhibit B: Charles Declaration, # 3 Exhibit C: Kozak Declaration, # 4 Exhibit E: Cisneros Declaration, # 5 Proposed Order) (Ensign, Drew) (Entered: 04/23/2025)

April 23, 2025

April 23, 2025

PACER
46

Opposed MOTION to Unseal Cisneros Declaration, ECF No. 45 Exhibit D by J.A.V., J.G.G., W.G.H., filed. Motion Docket Date 5/14/2025. (Attachments: # 1 Proposed Order) (Gelernt, Lee) (Entered: 04/23/2025)

April 23, 2025

April 23, 2025

PACER
47

REPLY in Support of 42 MOTION for Preliminary Injunction, filed by J.A.V., J.G.G., W.G.H.. (Gelernt, Lee) (Entered: 04/23/2025)

April 23, 2025

April 23, 2025

PACER
48

Unopposed SUPPLEMENT to 47 Reply in Support of Motion by J.A.V., J.G.G., W.G.H., filed. (Attachments: # 1 Supplemental Filing Index, # 2 Exhibit A - Harris Declaration, # 3 Exhibit B - Notices) (Gelernt, Lee) (Entered: 04/24/2025)

April 24, 2025

April 24, 2025

PACER

Oral Order

April 24, 2025

April 24, 2025

PACER

Injunction Hearing

April 24, 2025

April 24, 2025

PACER
49

SEALED EXHIBITS D Cisneros Declaration re: 45 Response in Opposition to Motion, by Todd Lyons, Kristi Noem, Marco Rubio, Donald J. Trump, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement, U.S. State Department, Frank Venegas, filed. (Attachments: # 1 Form AEA-21B) (Hu, Daniel) (Entered: 04/24/2025)

1 Form AEA-21B

View on RECAP

April 24, 2025

April 24, 2025

RECAP

Minute Entry for proceedings held before Judge Fernando Rodriguez, Jr. Appearances: Lee Gelernt, Thomas Paul Buser-Clancy, and Noelle Smith f/Petitioners; Michael Velchik and Daniel Hu f/Respondents; (Court Reporter: Sheila Perales) (Law Clerk: Craig Smith) [1:02-2:42 / 2:56-3:03]. PRELIMINARY INJUNCTION HEARING held on 4/24/2025. Case called; appearances made. Court addressed parties regarding pending motions. Discussion held regarding 46 Opposed Motion to Unseal Cisneros Declaration ECF 45 Exhibit D; Court found that exhibit D Declaration of Cisneros does not reveal confidential investigative methods and would not pose harm to any individual; Motion granted. Clerk's Office directed to unseal document 49 . Court addressed 5 Motion for Leave to Proceed Under Pseudonyms; Respondents unopposed to motion; motion granted. Court addressed 42 Motion for preliminary injunction and 4 Motion to Certify Class; discussion held; parties not opposed to converting the motion for preliminary injunction into motion for summary judgment. Court will convert motion for preliminary injunction into motion for partial summary judgment. The Court granted petitioners request to file a supplemental reply to declaration of Mr. Cisneros (Doc. 49); petitioners shall file supplemental reply by April 25, 2025. Court addressed parties regarding various issues related to the pending motions; discussion held. Court break. Court found good cause to extend the TRO to next Friday as to putative class members; written order to be issued. Court notified parties that court would certify its order on the converted motion for summary judgment for interlocutory appeal; parties not opposed. Parties final statements heard; parties excused; court adjourned. (bce1)

April 24, 2025

April 24, 2025

PACER

ORAL ORDER granting 46 Opposed MOTION to Unseal Cisneros Declaration, ECF No. 45 Exhibit D (by Judge Fernando Rodriguez, Jr) Parties notified. (bce1)

April 24, 2025

April 24, 2025

PACER
50

TEMPORARY RESTRAINING ORDER entered. With respect to any person that Respondents designate as an alien enemy under 50 U.S.C. Section 21 and who is detained within the Southern District of Texas, Respondents are enjoined from transferring, relocating, deporting, or removing such person outside of the Southern District of Texas, without an Order from the Court. This Temporary Restraining Order shall expire on the earlier of noon (central time) on Friday, May 2, 2025, or by Order of the Court. (Signed by Judge Fernando Rodriguez, Jr) Parties notified. (bce1) (Entered: 04/24/2025)

April 24, 2025

April 24, 2025

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51

AO 435 TRANSCRIPT REQUEST by Daniel Galindo for Petitioners-Plaintiffs for Transcript of Motion Hearing on 4/24/2025. Daily (24 hours) turnaround requested. Court Reporter/Transcriber: Sheila Perales, filed. (Galindo, Daniel) (Entered: 04/24/2025)

April 24, 2025

April 24, 2025

PACER
52

MOTION to Appear Pro Hac Vice for Sarah S. Wilson (Fee Exempt) by Pamela Bondi, Robert Cerna, Todd Lyons, Kristi Noem, Marco Rubio, Donald J. Trump, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement, U.S. State Department, Frank Venegas, filed. Motion Docket Date 5/15/2025. (Wilson, Sarah) (Entered: 04/24/2025)

April 24, 2025

April 24, 2025

PACER
53

Unopposed MOTION to Unseal docket viewing restrictions by J.A.V., J.G.G., W.G.H., filed. Motion Docket Date 5/16/2025. (Attachments: # 1 Proposed Order) (Pinon, Adriana) (Entered: 04/25/2025)

1 Proposed Order

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April 25, 2025

April 25, 2025

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54

AO 435 TRANSCRIPT REQUEST by Daniel Hu for Transcript of Injunction Hearing, April 24, 2025, Judge Fernando Rodriguez, Jr.. Expedited (7 days) turnaround requested. Court Reporter/Transcriber: Sheila Perales, filed. (Hu, Daniel) (Entered: 04/25/2025)

April 25, 2025

April 25, 2025

PACER
55

ORDER LIFTING DOCKET VIEWING RESTRICTIONS regarding 53 Motion to Unseal. Accordingly, the Clerk of Court is directed to lift all viewing restrictions on the docket-i.e., to make all prior filings electronically available to the public. (Signed by Judge Fernando Rodriguez, Jr) Parties notified. (bce1) (Entered: 04/25/2025)

April 25, 2025

April 25, 2025

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56

ORDER granting 52 Motion for Sarah Wilson to Appear Pro Hac Vice Note: Instructions to request Texas Southern CM/ECF registration through PACER are found here.(Signed by Judge Fernando Rodriguez, Jr) Parties notified. (bce1) (Entered: 04/25/2025)

April 25, 2025

April 25, 2025

PACER
57

ORDER AND OPINION granting 4 MOTION to Certify Class. It is ORDERED that the Court certifies a class of Venezuelan aliens, 14 years old or older, who have not been naturalized, who Respondents have designated or in the future designate as alien enemies under the March 14, 2025, Presidential Proclamation entitled 'Invocation of the Alien Enemies Act Regarding the Invasion of the United States by Tren De Aragua', 90 Fed. Reg. 13033, and who are detained or reside in the Southern District of Texas; and ORDERED that Lee Gelernt of the American Civil Liberties Union Foundation is appointed lead counsel for the certified class, and all ACLU attorneys who have appeared in this matter as counsel of record for Named Petitioners are appointed co-counsel for the certified class. (Signed by Judge Fernando Rodriguez, Jr) Parties notified. (bce1) (Entered: 05/01/2025)

May 1, 2025

May 1, 2025

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Oral Order

May 1, 2025

May 1, 2025

PACER
58

ORDER AND OPINION regarding 42 MOTION for Preliminary Injunction. The Court has concluded that J.A.V., J.G.G., and W.G.H., in their individual capacity and as representatives of the certified class, have demonstrated entitlement to relief in habeas. Respondents have designated or will designate them as alien enemies under the Proclamation, subjecting them to unlawful detention, transfer, and removal under the AEA. As a result, J.A.V., J.G.G., and W.G.H. are each entitled to the granting of their Petition for a Writ of Habeas Corpus, and a permanent injunction prohibiting Respondents from employing the Proclamation and the AEA against them. The certified class warrants similar protection. The Court will issue a Final Judgment with the appropriate relief. To the extent that J.A.V., J.G.G., and W.G.H., or any member of the certified class, have been detained or are detained in the future pursuant to the Immigration and Nationality Act, they have not sought and do not obtain any relief. In addition, the conclusions of the Court do not affect Respondents' ability to continue removal proceedings or enforcement of any final orders of removal issued against J.A.V., J.G.G., and W.G.H, or against any member of the certified class, under the Immigration and Nationality Act. (Signed by Judge Fernando Rodriguez, Jr) (Attachments: # 1 Appendix) Parties notified. (bce1) (Main Document 58 replaced on 5/6/2025) (bce1). (Entered: 05/01/2025)

1 Appendix

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May 1, 2025

May 1, 2025

Clearinghouse
59

FINAL JUDGMENT AND PERMANENT INJUNCTION entered. Accordingly, it is: ORDERED that the Class Petition for Writ of Habeas Corpus (Doc. 1) is GRANTED; andORDERED that Respondents are permanently enjoined from detaining, transferring, or removing J.A.V., J.G.G., W.G.H., and the members of the certified class, under the Alien Enemies Act, 50 U.S.C. Section 21, and based on the Presidential Proclamation, "Invocation of the Alien Enemies Act Regarding the Invasion of the United States by Tren de Aragua," 90 Fed. Reg. 13033. (Signed by Judge Fernando Rodriguez, Jr) Parties notified. (bce1) (Entered: 05/01/2025)

May 1, 2025

May 1, 2025

Clearinghouse
60

TRANSCRIPT re: Injunction Hearing held on April 24, 2025 before Judge Fernando Rodriguez, Jr. Court Reporter/Transcriber Sheila Perales. Ordering Party Mr. Daniel Hu and Mr. Daniel Galinda Release of Transcript Restriction set for 8/11/2025., filed. (seh1) (Entered: 05/12/2025)

May 12, 2025

May 12, 2025

PACER
61

Notice of Filing of Official Transcript re: 60 Transcript,. Parties notified, filed. (SDTX_CMECF_AutoDocket, ) (Entered: 05/12/2025)

May 12, 2025

May 12, 2025

PACER
62

NOTICE of Service of Summons by J.A.V., J.G.G., W.G.H., filed. (Attachments: # 1 Affidavit) (Pinon, Adriana) (Entered: 06/18/2025)

1 Affidavit

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June 18, 2025

June 18, 2025

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