Case: W.M.M. v. Trump

1:25-cv-00059 | U.S. District Court for the Northern District of Texas

Filed Date: April 16, 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. In March 2025, President Trump issued Proclamation No. 10903, 90 Fed. Reg. 13034, invoking the Alien Enemies Act (AEA), 50 U.S.C. §21, to detain and remove Venezuelan nationals "who are members of TdA [a gang, Tren de Aragua]”  In J.G.G. v. Trump, twelve detainees and a putative class sought injunctive a…

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.

In March 2025, President Trump issued Proclamation No. 10903, 90 Fed. Reg. 13034, invoking the Alien Enemies Act (AEA), 50 U.S.C. §21, to detain and remove Venezuelan nationals "who are members of TdA [a gang, Tren de Aragua]”  In J.G.G. v. Trump, twelve detainees and a putative class sought injunctive and declaratory relief against their removal under the AEA, in a the U.S. District Court for the District of Columbia.  The resulting Temporary Restraining Orders were, however, reversed by the Supreme Court, which ruled that the right method for the Venezuelans to proceed was by filing a habeas petition in the district in which they were being held--not by class action in DC.  The Court held that "AEA detainees must receive notice after the date of this order that they are subject to removal under the Act.  The notice must be afforded within a reasonable time and in such a manner as will allow them to actually seek habeas relief in the proper venue before such removal occurs."  

This case was one of the resulting actions filed -- it was brought on April 16, 2025, in the Northern District of Texas by two detainees held there, on their own behalf and for a putative class of similarly situated others, challenging the Trump Administration's use of the Alien Enemies Act to arrest, detain, and deport them for alleged gang activity without due process. It was assigned to Judge James Wesley Hendrix.  A third detainee, F.G.M. joined the case on April 18.  

Also on April 18, Judge Hendrix denied the proposed class’s application for a temporary restraining order staying their removal, principally on the ground that the government represented that it would not seek to remove three named class members, A.A.R.P. and W.M.M., while their habeas petition is pending. Immediately after the district court’s order was issued, numerous Venezuelan nationals currently in the government’s custody in the Northern District of Texas received government notices that they are subject to removal under the Alien Enemies Act and that they might be removed from the United States as soon as April 18 or 19.  DHS then publicly announced that Alien Enemies Act removals were imminent. 

Petitioners' counsel (the ACLU) sought emergency relief, stating "many individuals have already been loaded on to buses, presumably headed to the airport." The ACLU filed renewed applications for a temporary restraining order in the Texas and DC district courts. When the Texas district court set a briefing schedule that might not have allowed resolution prior to the pending deportations, the ACLU filed an application for a stay of removal in the U.S. Court of Appeals for the Fifth Circuit, and emergency administrative stay requests in both the Court of Appeals and the Supreme Court.

Meanwhile, the district court in DC held an emergency hearing in a related case, at which the government stated that no removals were planned for April 18, but was not willing to commit to no removals taking place the following day.  But the court held it lacked jurisdiction to enjoin removals, given the earlier Supreme Court opinion.) 

A little before 1 am on Saturday, April 19--before the Court of Appeals ruled on the emergency motions--the Supreme Court granted emergency relief in A.A.R.P. v. Trump (this case); it invited the Solicitor General to file a response as soon as possible and ordered: "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." The order noted that Justice Thomas and Justice Alito dissented; a dissent by Justice Alito, joined by Justice Thomas, was posted a day later, decrying the procedural irregularities underlying the relief granted.

Back in the Fifth Circuit, a panel of Judges Ho, Wilson, and Ramirez dismissed the appeal, directing the plaintiffs that they should have waited for a ruling by the district court. 

The government requested the Supreme Court to vacate its April 19 stay, or at least narrow it to allow removal of members of the putative class if they are removable on some basis unrelated to the Alien Enemies Act.   

On April 30, all parties agreed that F.G.M. was not detained or facing potential removal from the United States.  He has been removed from this case.  

After further litigation in the District Court, Judge Hendrix denied class action treatment on May 9, 2025.  Therefore the petitioners asked the Supreme Court to maintain its stay of removal, while litigation continued.   

On May 16, the Supreme Court enjoined the government from removing the named plaintiffs or putative class members under the AEA pending an order by the Fifth Circuit and disposition of the petition for a writ of certiorari at the Supreme Court.  The Supreme Court also vacated the judgment of the Fifth Circuit and remanded the case to the Fifth Circuit with instructions to "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."

Justice Kavanaugh concurred in the order noting the importance of the legal issues in the case and the conflicting opinions in U.S. District Courts. [Compare A. S. R. v. Trump, No. 3:25–cv–113 (WD Pa., May 13, 2025), with G. F. F. v. Trump, No. 1:25–cv–2886 (SDNY, May 6, 2025), D. B. U. v. Trump, No. 1:25–cv–1163 (D Colo., May 6, 2025), and J. A. V. v. Trump, No. 1:25–cv–72 (SD Tex., May 1, 2025).] He "would grant certiorari, order prompt briefing, hold oral argument soon thereafter, and then resolve the legal issues."

Justices Alito and Thomas dissented, reprising concerns about procedural irregularities underlying the relief from their dissent to the April 19 order. Justice Alito suggested that the petitioners were unlikely to success in establishing the availability of class relief in habeas proceedings.

Judges Leslie Southwick, Andrew Oldham, and Irma Carrillo Ramirez heard oral arguments on 30 June 2025.    

The case is ongoing.  

Summary Authors

Catherine Grosso (4/29/2025)

Related Cases

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

H.I.D.R. v. Trump, Northern District of Texas (2025)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/69898198/parties/aarp-v-trump/


Judge(s)
Attorney for Defendant
Expert/Monitor/Master/Other

Amdur, Spencer

Attorney, Nancy Naseem

Baron, Noah

Buser-Clancy, Thomas Paul (Texas)

Chicago, AUSA - (Illinois)

show all people

Documents in the Clearinghouse

Document
3

1:25-cv-00059

Petitioners-Plaintiffs’ Motion for Class Certification and Appointment of Class Counsel

A.A.R.P. v. Trump

April 16, 2025

April 16, 2025

Pleading / Motion / Brief
1

1:25-cv-00059

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

A.A.R.P. v. Trump

April 16, 2025

April 16, 2025

Complaint
27

1:25-cv-00059

Order

A.A.R.P. v. Trump

April 17, 2025

April 17, 2025

Order/Opinion
14-1

25-10534

Unpublished Order

A.A.R.P. v. Trump

U.S. Court of Appeals for the Fifth Circuit

April 18, 2025

April 18, 2025

Order/Opinion

2025 WL 1148141

24-A-01007

Emergency Application for an Emergency Injunction or Writ of Mandamus, Stay of Removal, and Request for an Immediate Administrative Injunction

A.A.R.P and W.M.M. v. Trump

Supreme Court of the United States

April 18, 2025

April 18, 2025

Pleading / Motion / Brief
41

1:25-cv-00059

Order

A.A.R.P. v. Trump

April 18, 2025

April 18, 2025

Order/Opinion

24-A-01007

Respondents' Opposition to Emergency Application

A.A.R.P. v. Trump

Supreme Court of the United States

April 19, 2025

April 19, 2025

Pleading / Motion / Brief

24-A-01007

On Application for Injunction (Alito, J., dissenting)

A.A.R.P. v. Trump

Supreme Court of the United States

April 19, 2025

April 19, 2025

Order/Opinion

145 S.Ct. 1034

47

1:25-cv-00059

Order

April 21, 2025

April 21, 2025

Order/Opinion

2025 WL 1176980

50

1:25-cv-00059

Order

April 28, 2025

April 28, 2025

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/69898198/aarp-v-trump/

Last updated July 18, 2025, 3:22 p.m.

ECF Number Description Date Link Date / Link
1

PETITION for Writ of Habeas Corpus filed by W.M.M., A.A.R.P.. In each Notice of Electronic Filing, the judge assignment is indicated, and a link to the Judges Copy Requirements is provided. The court reminds the filer that any required copy of this and future documents must be delivered to the judge, in the manner prescribed, within three business days of filing. (Filing fee $5; receipt number ATXNDC-15425267) Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Attachments: # 1 Cover Sheet) (Klosterboer, Brian) (Entered: 04/16/2025)

1 Cover Sheet

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April 16, 2025

April 16, 2025

Clearinghouse

Order on Motion for Miscellaneous Relief

April 16, 2025

April 16, 2025

PACER

Order on Application for Admission Pro Hac Vice

April 16, 2025

April 16, 2025

PACER
2

MOTION for Temporary Restraining Order filed by A.A.R.P., W.M.M. with Brief/Memorandum in Support. (Attachments: # 1 Memorandum of Law In Support of Temporary Restraining Order, # 2 Declaration(s) of Victoria Blakeborough, # 3 Declaration(s) of Kathryn D'Adamo, # 4 Proposed Order) (Klosterboer, Brian) (Entered: 04/16/2025)

1 Memorandum of Law In Support of Temporary Restraining Order

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2 Declaration(s) of Victoria Blakeborough

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3 Declaration(s) of Kathryn D'Adamo

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4 Proposed Order

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April 16, 2025

April 16, 2025

PACER
3

MOTION to Certify Class filed by A.A.R.P., W.M.M. with Brief/Memorandum in Support. (Attachments: # 1 Memorandum of Law In Support of Class Certification, # 2 Declaration(s) of Daniel Galindo, # 3 Proposed Order) (Klosterboer, Brian) (Entered: 04/16/2025)

1 Memorandum of Law In Support of Class Certification

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2 Declaration(s) of Daniel Galindo

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3 Proposed Order

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April 16, 2025

April 16, 2025

Clearinghouse
4

MOTION To Proceed Under Pseudonyms filed by A.A.R.P., W.M.M. with Brief/Memorandum in Support. (Attachments: # 1 Memorandum of Law In Support to Proceed Under Pseudonyms, # 2 Proposed Order) (Klosterboer, Brian) (Entered: 04/16/2025)

April 16, 2025

April 16, 2025

PACER
5

MOTION For Leave To Appear Without Local Counsel filed by A.A.R.P., W.M.M. with Brief/Memorandum in Support. (Attachments: # 1 Memorandum of Law In Support of Leave to Appear Without Local Counsel, # 2 Proposed Order) (Klosterboer, Brian) (Entered: 04/16/2025)

1 Memorandum of Law In Support of Leave to Appear Without Local Counsel

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2 Proposed Order

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April 16, 2025

April 16, 2025

RECAP
6

CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by A.A.R.P., W.M.M.. (Clerk QC note: No affiliate entered in ECF). (Klosterboer, Brian) (Entered: 04/16/2025)

April 16, 2025

April 16, 2025

PACER
7

New Case Notes: A filing fee has been paid. (skh) (Entered: 04/16/2025)

April 16, 2025

April 16, 2025

PACER
8

ORDER. To enable the Court to adequately consider any argument the government has, the petitioners are ORDERED to, by no later than 11:30 a.m. CT on April 16, 2025, either: (1) File a brief explaining why the petitioners believe an exception has been met to the notice required under Rule 65, if the petitioners wish to proceed without notice to the defendants; or (2) Provide the Acting United States Attorney for the Northern District of Texas, Chad Meacham, a copy of their habeas petition (Dkt. No. 1 ), motion for a temporary restraining order (Dkt. No. 2 ), motion to certify a class dkt. No. 3 ), and this Order. The petitioners must also file, as soon as possible after serving the government, a notice on the docket in this case informing the Court that they have provided these pleadings and documents as ordered. The government must file its response to the petitioners' motion for a temporary restraining order by no later than 4:00 p.m. CT on April 16, 2025. See Order for additional instruction. (Ordered by Judge James Wesley Hendrix on 4/16/2025) (skh) (Entered: 04/16/2025)

April 16, 2025

April 16, 2025

RECAP
9

ORDER. Before the Court is the petitioners' motion to proceed under pseudonyms. Dkt. No. 4 . Given the sensitive and personal information about their immigration status and histories in this case, the Court grants the motion. The petitioners may proceed under the pseudonyms A.A.R.P. and W.M.M. (Ordered by Judge James Wesley Hendrix on 4/16/2025) (skh) (Entered: 04/16/2025)

April 16, 2025

April 16, 2025

PACER
10

ELECTRONIC ORDER granting 5 Motion for Leave to Appear Without Local Counsel (Ordered by Judge James Wesley Hendrix on 4/16/2025) (chmb) (Entered: 04/16/2025)

April 16, 2025

April 16, 2025

PACER
11

NOTICE of Service filed by A.A.R.P. (Klosterboer, Brian) (Entered: 04/16/2025)

April 16, 2025

April 16, 2025

PACER
12

Application for Admission Pro Hac Vice with Certificate of Good Standing for Attorney Ashley Harris (Filing fee $100; Receipt number ATXNDC-15427035) filed by A.A.R.P. (Klosterboer, Brian) (Entered: 04/16/2025)

April 16, 2025

April 16, 2025

PACER
13

Application for Admission Pro Hac Vice with Certificate of Good Standing for Attorney Charelle Lett (Filing fee $100; Receipt number ATXNDC-15427061) filed by A.A.R.P. (Klosterboer, Brian) (Entered: 04/16/2025)

April 16, 2025

April 16, 2025

PACER
14

ELECTRONIC ORDER granting 12 Application for Admission Pro Hac Vice of Ashley Harris. Important Reminder: Unless excused for cause, an attorney who is not an ECF user must register within 14 days of the date the attorney appears in a case pursuant to LR 5.1(f) and LCrR 49.2(g). (Ordered by Judge James Wesley Hendrix on 4/16/2025) (chmb) (Entered: 04/16/2025)

April 16, 2025

April 16, 2025

PACER
15

ELECTRONIC ORDER granting 13 Application for Admission Pro Hac Vice of Charelle Lett. Important Reminder: Unless excused for cause, an attorney who is not an ECF user must register within 14 days of the date the attorney appears in a case pursuant to LR 5.1(f) and LCrR 49.2(g). (Ordered by Judge James Wesley Hendrix on 4/16/2025) (chmb) (Entered: 04/16/2025)

April 16, 2025

April 16, 2025

PACER
16

Application for Admission Pro Hac Vice with Certificate of Good Standing for Attorney Thomas Buser-Clancy (Filing fee $100; Receipt number ATXNDC-15427559) filed by A.A.R.P. (Klosterboer, Brian) (Main Document 16 replaced with flattend version on 4/16/2025) (skh). . (Entered: 04/16/2025)

April 16, 2025

April 16, 2025

PACER
17

ELECTRONIC ORDER granting 16 Application for Admission Pro Hac Vice of Thomas Buser-Clancy. Important Reminder: Unless excused for cause, an attorney who is not an ECF user must register within 14 days of the date the attorney appears in a case pursuant to LR 5.1(f) and LCrR 49.2(g). (Ordered by Judge James Wesley Hendrix on 4/16/2025) (chmb) (Entered: 04/16/2025)

April 16, 2025

April 16, 2025

PACER
18

NOTICE of Attorney Appearance by George M Padis-DOJ on behalf of Judith Bennett, Pamela Bondi, Jimmy Johnson, Josh Johnson, 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, Phillip Valdez, Marcello Villegas. (Filer confirms contact info in ECF is current.) (Padis-DOJ, George) (Entered: 04/16/2025)

April 16, 2025

April 16, 2025

PACER
19

RESPONSE filed by Judith Bennett, Pamela Bondi, Jimmy Johnson, Josh Johnson, 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, Phillip Valdez, Marcello Villegas re: 3 MOTION to Certify Class, 2 MOTION for Temporary Restraining Order (Padis-DOJ, George) (Entered: 04/16/2025)

April 16, 2025

April 16, 2025

PACER
20

NOTICE of Attorney Appearance by Ann Cruce-Haag-DOJ on behalf of Donald J. Trump, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement, U.S. State Department, Phillip Valdez. (Filer confirms contact info in ECF is current.) (Cruce-Haag-DOJ, Ann) (Entered: 04/16/2025)

April 16, 2025

April 16, 2025

PACER
21

Appendix in Support filed by Judith Bennett, Pamela Bondi, Jimmy Johnson, Josh Johnson, 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, Phillip Valdez, Marcello Villegas re 19 Response/Objection, (Padis-DOJ, George) (Entered: 04/16/2025)

April 16, 2025

April 16, 2025

PACER
22

REPLY filed by A.A.R.P. re: 2 MOTION for Temporary Restraining Order (Attachments: # 1 Declaration(s) Attorney Declaration) (Klosterboer, Brian) (Entered: 04/16/2025)

April 16, 2025

April 16, 2025

PACER
23

Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number ATXNDC-15429208) filed by A.A.R.P., W.M.M. (Attachments: # 1 Proposed Order) (Gelernt, Lee) (Entered: 04/16/2025)

April 16, 2025

April 16, 2025

PACER
24

Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number ATXNDC-15429212) filed by A.A.R.P., W.M.M. (Attachments: # 1 Proposed Order)Attorney Daniel Galindo added to party A.A.R.P.(pty:pet), Attorney Daniel Galindo added to party W.M.M.(pty:pet) (Galindo, Daniel) (Entered: 04/16/2025)

April 16, 2025

April 16, 2025

PACER
25

ELECTRONIC ORDER granting 23 Application for Admission Pro Hac Vice of Lee Gelernt. Important Reminder: Unless excused for cause, an attorney who is not an ECF user must register within 14 days of the date the attorney appears in a case pursuant to LR 5.1(f) and LCrR 49.2(g). (Ordered by Judge James Wesley Hendrix on 4/17/2025) (chmb) (Entered: 04/17/2025)

April 17, 2025

April 17, 2025

PACER

Order on Application for Admission Pro Hac Vice

April 17, 2025

April 17, 2025

PACER

Order

April 17, 2025

April 17, 2025

PACER
26

ELECTRONIC ORDER granting 24 Application for Admission Pro Hac Vice of Daniel Galindo. Important Reminder: Unless excused for cause, an attorney who is not an ECF user must register within 14 days of the date the attorney appears in a case pursuant to LR 5.1(f) and LCrR 49.2(g). (Ordered by Judge James Wesley Hendrix on 4/17/2025) (chmb) (Entered: 04/17/2025)

April 17, 2025

April 17, 2025

PACER
27

ORDER denying Motion for Temporary Restraining Order (Dkt. No. 2 ). (Ordered by Judge James Wesley Hendrix on 4/17/2025) (skh) (Entered: 04/17/2025)

April 17, 2025

April 17, 2025

Clearinghouse
28

Application for Admission Pro Hac Vice with Certificate of Good Standing for Attorney Savannah Kumar (Filing fee $100; Receipt number ATXNDC-15432874) filed by A.A.R.P. (Klosterboer, Brian) (Entered: 04/17/2025)

April 17, 2025

April 17, 2025

PACER
29

ELECTRONIC ORDER: The parties are admonished not to seek ex parte communications with the judge in this pending matter. To the extent either party seeks emergency relief, it may file a motion to do so. If an emergency motion is filed, the opposing party shall have 24 hours to file a response. (Ordered by Judge James Wesley Hendrix on 4/17/2025) (chmb) (Entered: 04/17/2025)

April 17, 2025

April 17, 2025

PACER
30

Emergency MOTION for Temporary Restraining Order filed by A.A.R.P., W.M.M. (Attachments: # 1 Exhibit(s) Declaration of Karene Brown, # 2 Exhibit(s) Declaration of Michelle Brane, # 3 Exhibit(s) Declaration of Travis John Collins, # 4 Exhibit(s) Declaration of Kevin Siegel) (Gelernt, Lee) (Entered: 04/18/2025)

April 18, 2025

April 18, 2025

PACER
31

***VACATED PER ORDER - DOC. NO. 41*** ORDER. Before the Court is the petitioners' motion for class certification and appointment of class counsel (Dkt. No. 3 ). The Court orders the respondents to respond to the motion by no later than Wednesday, April 23, 2025. The Court further orders the petitioners to file their reply by no later than Friday, April 25, 2025. (Ordered by Judge James Wesley Hendrix on 4/18/2025) (amg) Modified on 4/18/2025 (bdg). (Entered: 04/18/2025)

April 18, 2025

April 18, 2025

RECAP
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NOTICE of Attorney Appearance by Nancy Naseem Safavi on behalf of Judith Bennett, Pamela Bondi, Jimmy Johnson, Josh Johnson, 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, Phillip Valdez, Marcello Villegas. (Filer confirms contact info in ECF is current.) (Safavi, Nancy) (Entered: 04/18/2025)

April 18, 2025

April 18, 2025

PACER
33

ORDER. Before the Court is the petitioners' renewed emergency motion for a temporary restraining order. Dkt. No. 30 . The motion states that the petitioners move to add F.G.M.[] as a named plaintiff. Id. at 3. The request to add F.G.M. as a named plaintiff is denied without prejudice for failure to comply with Federal Rule of Civil Procedure 15. See Order for additional instructions. (Ordered by Judge James Wesley Hendrix on 4/18/2025) (amg) (Entered: 04/18/2025)

April 18, 2025

April 18, 2025

RECAP
34

MOTION Emergency Status Conference filed by A.A.R.P., W.M.M. (Attachments: # 1 SMR Notice, # 2 RJRS Notice, # 3 Declaration(s) : Collins, # 4 Declaration(s) : Petty, # 5 Declaration(s) : RJRS) (Gelernt, Lee) (Entered: 04/18/2025)

1 SMR Notice

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2 RJRS Notice

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3 Declaration(s) : Collins

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4 Declaration(s) : Petty

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5 Declaration(s) : RJRS

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April 18, 2025

April 18, 2025

PACER
35

MOTION for Leave to File AMENDED CLASS PETITION FOR WRIT OF HABEAS CORPUS AND COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF CERTIFICATION MOTION filed by A.A.R.P., W.M.M., F.G.M. (Attachments: # 1 Amended Habeas Petition, # 2 Amended Motion for Class Certification, # 3 Amended Brief ISO Motion for Class Certification, # 4 Proposed Order). Party F.G.M. added.Attorney Lee Gelernt added to party F.G.M.(pty:pet) (Gelernt, Lee) (Entered: 04/18/2025)

1 Amended Habeas Petition

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2 Amended Motion for Class Certification

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3 Amended Brief ISO Motion for Class Certification

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4 Proposed Order

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April 18, 2025

April 18, 2025

PACER
36

NOTICE OF INTERLOCUTORY APPEAL as to 27 Order on Motion for TRO to the Fifth Circuit by A.A.R.P., W.M.M.. Filing fee $605, receipt number ATXNDC-15435368. T.O. form to appellant electronically at Transcript Order Form or US Mail as appropriate. Copy of NOA to be sent US Mail to parties not electronically noticed. IMPORTANT ACTION REQUIRED: Provide an electronic copy of any exhibit you offered during a hearing or trial that was admitted into evidence to the clerk of the district court within 14 days of the date of this notice. Copies must be transmitted as PDF attachments through ECF by all ECF Users or delivered to the clerk on a CD by all non-ECF Users. See detailed instructions here. (Exception: This requirement does not apply to a pro se prisoner litigant.) Please note that if original exhibits are in your possession, you must maintain them through final disposition of the case. (Gelernt, Lee) (Entered: 04/18/2025)

April 18, 2025

April 18, 2025

PACER
37

ORDER. Before the Court is the petitioners' unopposed motion for leave to file an amended class petition for writ of habeas corpus and complaint for declaratory and injunctive relief and amended class-certification motion (Dkt. No. 35 ). The motion is granted. The Clerk of Court is directed to file the amended petition and complaint (Dkt. No. 35-1) as a separate docket entry, the amended motion for class certification (Dkt. No. 35-2) as a separate docket entry, and the petitioners' memorandum of law in support of the motion for class certification (Dkt. No. 35-3) as a separate docket entry. The Court denies as moot the petitioners' original motion for class certification (Dkt. No. 3 ). The Court's scheduling deadlines set forth in its scheduling order regarding class certification (Dkt. No. 31 ) remain in effect as applied to the amended motion. (Ordered by Judge James Wesley Hendrix on 4/18/2025) (amg) (Entered: 04/18/2025)

April 18, 2025

April 18, 2025

RECAP
38

Amended PETITION for Writ of Habeas Corpus filed by W.M.M., A.A.R.P., F.G.M. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. **Per 37 Order. (amg) (Entered: 04/18/2025)

April 18, 2025

April 18, 2025

PACER
39

Amended MOTION to Certify Class and Appointment of Class Counsel filed by A.A.R.P., F.G.M., W.M.M. with Brief/Memorandum in Support. (amg) (Entered: 04/18/2025)

April 18, 2025

April 18, 2025

PACER
40

Brief/Memorandum in Support filed by A.A.R.P., F.G.M, W.M.M. re 39 MOTION to Certify Class. (amg) (Entered: 04/18/2025)

April 18, 2025

April 18, 2025

PACER
41

ORDER: The Court thus denies the motion for an emergency status conference (Dkt. No. 34). Further, and in light of the notice of appeal (Dkt. No. 36), the Court vacates its scheduling order regarding the motion for class certification (Dkt. No. 31), as reiterated in its subsequent order (Dkt. No. 37). The Court further orders that its previous order directing the parties to file responses to emergency motions within 24 hours (Dkt. No. 29) no longer applies to the government as to the second motion for an emergency temporary restraining order (Dkt. No. 30). (Ordered by Judge James Wesley Hendrix on 4/18/2025) (bdg) (Entered: 04/18/2025)

April 18, 2025

April 18, 2025

Clearinghouse
42

Unopposed MOTION to Intervene for the Limited Purpose of Seeking Amendment to the Order Granting the Pseudonym Motion filed by A.A.R.P. (Attachments: # 1 Proposed Order)Attorney Devanshi Somaya added to party A.A.R.P.(pty:pet) (Somaya, Devanshi) (Entered: 04/19/2025)

April 19, 2025

April 19, 2025

PACER
43

JUDGMENT/MANDATE of USCA as to 36 Notice of Appeal, filed by A.A.R.P., W.M.M.. Petitioners' opposed motion for a temporary administrative stay and an injunction pending appeal is DENIED as premature. The appeal is DISMISSED for lack of subject matter jurisdiction under 28 U.S.C. § 1291(a)(1), for substantially the reasons stated in Judge Ramirez's concurrence. (Attachments: # 1 USCA Letter) (skh) (Entered: 04/21/2025)

April 21, 2025

April 21, 2025

PACER

Order on Application for Admission Pro Hac Vice

April 21, 2025

April 21, 2025

PACER
44

ORDER. The Court construes the motion to intervene as an agreement by the existing parties to amend the styling of the case caption. Accordingly, the Court amends its prior order granting the motion to proceed under pseudonyms (dkt. No. 9) and orders that the petitioners are permitted to proceed under the pseudonyms A.R.P., W.M.M., and F.G.M. In addition, the Court orders that this case will hereafter proceed under the case caption W.M.M., et al. v. Donald J. Trump, et. al The motion to intervene by the AARP (dkt. No. 42) is denied as moot. (Ordered by Judge James Wesley Hendrix on 4/21/2025) (skh) (Entered: 04/21/2025)

April 21, 2025

April 21, 2025

RECAP
45

ORDER. The Court orders the government to respond to the petitioners' amended motion for certification of a class and appointment of class counsel (Dkt. No. 39 ) by no later than 5:00 p.m. CT on Friday, April 25, 2025. To the extent possible, the government should explain in its response the notice and the notice process as it applied to petitioner F.G.M. The petitioners may file a reply brief by no later than 5:00 p.m. CT on Tuesday, April 29, 2025. This Order shall be vacated automatically if, before either deadline in this Order expires, the Supreme Court grants the petitioners' request to treat their application as a petition for a writ of certiorari and grants certiorari. (Ordered by Judge James Wesley Hendrix on 4/21/2025) (skh) (Entered: 04/21/2025)

April 21, 2025

April 21, 2025

RECAP
46

ELECTRONIC ORDER granting 28 Application for Admission Pro Hac Vice of Savannah Kumar. Important Reminder: Unless excused for cause, an attorney who is not an ECF user must register within 14 days of the date the attorney appears in a case pursuant to LR 5.1(f) and LCrR 49.2(g). (Ordered by Judge James Wesley Hendrix on 4/21/2025) (chmb) (Entered: 04/21/2025)

April 21, 2025

April 21, 2025

PACER
47

ORDER. As the Court has mentioned, see Dkt. No. 41 at 2, it received an ex parte communication from an attorney representing the petitioners on the evening of April 17, 2025. Consistent with the Code of Conduct for Federal Judges and relevant case law regarding ex parte communications, the Court enters this Order to provide all parties with the contents of the ex parte communication that the Court received. Should any of the parties believe that a response is necessary, they may move for leave to respond. (Ordered by Judge James Wesley Hendrix on 4/21/2025) (Attachments: # 1 TRANSCRIPTION FROM VOICEMAIL- APRIL 17, 2025) (skh) Modified attachment title on 4/21/2025 (skh). (Entered: 04/21/2025)

1 TRANSCRIPTION FROM VOICEMAIL 13 APRIL 17, 2025

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April 21, 2025

April 21, 2025

Clearinghouse
48

Unopposed MOTION to Unseal Case filed by A.R.P, F.G.M, W.M.M. (Attachments: # 1 Proposed Order) (Klosterboer, Brian) (Entered: 04/25/2025)

April 25, 2025

April 25, 2025

PACER
49

RESPONSE filed by Judith Bennett, Pamela Bondi, Jimmy Johnson, Josh Johnson, 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, Phillip Valdez, Marcello Villegas re: 39 MOTION to Certify Class (Attachments: # 1 Declaration(s)) (Safavi, Nancy) (Attachment 1 replaced on 4/28/2025) (amg). Modified on 4/28/2025: per T/C with filer, attachment 1 replaced with redacted version (amg). (Entered: 04/25/2025)

1 Declaration(s)

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April 25, 2025

April 25, 2025

PACER
50

Order Setting Hearing. The Court calls an evidentiary hearing at 3:00 p.m. CT on Thursday, May 1, 2025, at the United States District Court, 1205 Texas Ave., Room C-216, Lubbock, Texas, 79401. (Ordered by Judge James Wesley Hendrix on 4/28/2025) (skh) (Entered: 04/28/2025)

April 28, 2025

April 28, 2025

Clearinghouse
51

MOTION for Leave to File Materials Pursuant to the Court April 21 Order filed by A.R.P, F.G.M, W.M.M. (Attachments: # 1 Declaration(s) Declaration of Daniel Galindo, # 2 Exhibit(s)) (Gelernt, Lee) (Entered: 04/28/2025)

1 Declaration(s) Declaration of Daniel Galindo

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2 Exhibit(s)

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April 28, 2025

April 28, 2025

RECAP
52

Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number ATXNDC-15458459) filed by A.R.P, F.G.M, W.M.M. (Attachments: # 1 Proposed Order)Attorney My Khanh Ngo added to party A.R.P(pty:pet), Attorney My Khanh Ngo added to party F.G.M(pty:pet), Attorney My Khanh Ngo added to party W.M.M.(pty:pet) (Ngo, My Khanh) (Entered: 04/28/2025)

1 Proposed Order

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April 28, 2025

April 28, 2025

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53

ORDER. Before the Court is the petitioners' unopposed motion to lift the current viewing restrictions on the docket (dkt. No. 48 ). The Court grants the motion. See Fed. R. Civ. P. 5.2(c). Accordingly, the Court directs the Clerk of Court to lift all viewing restrictions on the docket- i.e., to make all prior filings electronically available to the public. All future filings shall be publicly available unless the Court grants leave to file under seal or in redacted form, other than redactions made pursuant to Federal Rule of Civil Procedure 5.2(a). (Ordered by Judge James Wesley Hendrix on 4/29/2025) (skh) (Entered: 04/29/2025)

April 29, 2025

April 29, 2025

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Order on Application for Admission Pro Hac Vice

April 29, 2025

April 29, 2025

PACER

Nature of suit code changed to No. 530, "Habeas Corpus," thereby lifting the viewing restrictions on future filings in this docket and all previously sealed filings unsealed per 53 Order. (skh)

April 29, 2025

April 29, 2025

PACER
54

ELECTRONIC ORDER granting 52 Application for Admission Pro Hac Vice of My Khanh Ngo. Important Reminder: Unless excused for cause, an attorney who is not an ECF user must register within 14 days of the date the attorney appears in a case pursuant to LR 5.1(f) and LCrR 49.2(g). (Ordered by Judge James Wesley Hendrix on 4/29/2025) (chmb) (Entered: 04/29/2025)

April 29, 2025

April 29, 2025

PACER
55

REPLY filed by A.R.P, F.G.M, W.M.M. re: 39 Amended MOTION to Certify Class (Attachments: # 1 Declaration(s) Declaration of Assistant Field Office Director Carlos Cisneros, # 2 Declaration(s) Declaration of Sarah Corning, # 3 Declaration(s) Declaration of F.G.M, # 4 Declaration(s) Declaration of Karene Brown) (Klosterboer, Brian) Modified on 4/30/2025: per T/C with filer, corrected link to proper motion (amg). (Entered: 04/29/2025)

1 Declaration(s) Declaration of Assistant Field Office Director Carlos Cisneros

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2 Declaration(s) Declaration of Sarah Corning

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3 Declaration(s) Declaration of F.G.M

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4 Declaration(s) Declaration of Karene Brown

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April 29, 2025

April 29, 2025

RECAP
56

Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number ATXNDC-15462615) filed by A.R.P, F.G.M, W.M.M. (Attachments: # 1 Proposed Order) (Toomey, Patrick) (Entered: 04/30/2025)

1 Proposed Order

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April 30, 2025

April 30, 2025

PACER

Order on Application for Admission Pro Hac Vice

April 30, 2025

April 30, 2025

PACER
57

Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number ATXNDC-15463038) filed by A.R.P, F.G.M, W.M.M. (Attachments: # 1 Proposed Order) (Gorski, Ashley) (Entered: 04/30/2025)

1 Proposed Order

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April 30, 2025

April 30, 2025

PACER
58

ELECTRONIC ORDER granting 56 Application for Admission Pro Hac Vice of Patrick Toomey. Important Reminder: Unless excused for cause, an attorney who is not an ECF user must register within 14 days of the date the attorney appears in a case pursuant to LR 5.1(f) and LCrR 49.2(g). (Ordered by Judge James Wesley Hendrix on 4/30/2025) (chmb) (Entered: 04/30/2025)

April 30, 2025

April 30, 2025

PACER
59

ELECTRONIC ORDER granting 57 Application for Admission Pro Hac Vice of Ashley Gorski. Important Reminder: Unless excused for cause, an attorney who is not an ECF user must register within 14 days of the date the attorney appears in a case pursuant to LR 5.1(f) and LCrR 49.2(g). (Ordered by Judge James Wesley Hendrix on 4/30/2025) (chmb) (Entered: 04/30/2025)

April 30, 2025

April 30, 2025

PACER
60

STIPULATION by A.R.P, F.G.M, W.M.M.. (Gelernt, Lee) (Entered: 04/30/2025)

April 30, 2025

April 30, 2025

Clearinghouse
61

ORDER. The Court agrees with the parties that a hearing is no longer necessary. The Court therefore vacates its previous order setting a hearing (Dkt. No. 50 ). No hearing will take place tomorrow. (Ordered by Judge James Wesley Hendrix on 4/30/2025) (skh) (Entered: 04/30/2025)

April 30, 2025

April 30, 2025

RECAP
62

Request for Clerk to issue Summons filed by W.M.M.. (Klosterboer, Brian) (Entered: 05/07/2025)

May 7, 2025

May 7, 2025

PACER
63

Summons Issued as to Judith Bennett, Pamela Bondi, Jimmy Johnson, Josh Johnson, 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, Phillip Valdez, Marcello Villegas. (skh) (Entered: 05/07/2025)

May 7, 2025

May 7, 2025

PACER
64

ORDER. Before the Court is the petitioners' motion for leave to file materials in response to the Court's previous order regarding ex parte communications (dkt. No. 47 ). Dkt. No. 51 . The motion is granted. The Clerk of Court is instructed to file the response(dkt. No. 51-1) and its attachment (dkt. No. 5l-2) as a separate docket entry. (Ordered by Judge James Wesley Hendrix on 5/8/2025) (skh) (Entered: 05/08/2025)

May 8, 2025

May 8, 2025

RECAP
65

RESPONSE filed by A.R.P, F.G.M, W.M.M. re: 47 Order. **Clerk's Note: Docketed per instruction at 64 Order. (Attachments: # 1 Exhibit(s)) (skh) (Entered: 05/08/2025)

1 Exhibit(s)

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May 8, 2025

May 8, 2025

RECAP
66

Unopposed MOTION to Withdraw as Attorney filed by Judith Bennett, Pamela Bondi, Jimmy Johnson, Josh Johnson, 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, Phillip Valdez, Marcello Villegas (Padis-DOJ, George) (Entered: 05/08/2025)

May 8, 2025

May 8, 2025

RECAP
67

Order denying Amended Motion to Certify Class and Appointment of Class Counsel. Dkt. No. 39 . (Ordered by Judge James Wesley Hendrix on 5/9/2025) (mms) (Entered: 05/09/2025)

May 9, 2025

May 9, 2025

Clearinghouse
68

MOTION for Reconsideration re 67 Order on Motion to Certify Class Or, In The Alternative, Certify A Class Under Rule 23(c)(4) filed by A.R.P, F.G.M, W.M.M. (Attachments: # 1 Memorandum in Support of Petitioners-Plaintiffs' Mxn for Reconsideration, # 2 Exhibit(s) A LAS Declaration, # 3 Exhibit(s) B Oscar Declaration)(Gelernt, Lee) Modified to remove AARP as a filer on 5/13/2025 (skh). (Entered: 05/13/2025)

1 Memorandum in Support of Petitioners-Plaintiffs' Mxn for Reconsideration

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2 Exhibit(s) A LAS Declaration

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3 Exhibit(s) B Oscar Declaration

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May 13, 2025

May 13, 2025

RECAP
69

MOTION for Leave to File Amicus Brief of Professor Amici filed by Professor Amici (Attachments: # 1 Proposed Order)Attorney Anne Marie Johnson added to party Professor Amici(pty:am) (Johnson, Anne) (Entered: 05/13/2025)

1 Proposed Order

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May 13, 2025

May 13, 2025

PACER
70

Brief/Memorandum in Support filed by Professor Amici re 68 MOTION for Reconsideration re 67 Order on Motion to Certify Class Or, In The Alternative, Certify A Class Under Rule 23(c)(4), 69 MOTION for Leave to File Amicus Brief of Professor Amici (Johnson, Anne) (Entered: 05/13/2025)

May 13, 2025

May 13, 2025

RECAP
71

ORDER granting 66 Motion to Withdraw as Attorney. Attorney George M Padis-DOJ terminated. (Ordered by Judge James Wesley Hendrix on 5/15/2025) (amg) (Entered: 05/15/2025)

May 15, 2025

May 15, 2025

RECAP
72

ORDER. Before the Court is a motion for leave to file an amicus-curiae brief. Dkt. No. 69 . The motion (Dkt. No. 69) is granted. The amicus brief, Dkt. No. 70, is permitted. (Ordered by Judge James Wesley Hendrix on 5/15/2025) (amg) (Entered: 05/15/2025)

May 15, 2025

May 15, 2025

RECAP
73

ORDER. The Court is advised by the Clerk of Court that Adriana Pinon (Counsel), whose name appears on a pleading in this case, is not a member of the Bar of the Northern District of Texas. Accordingly, within 14 days of the date of this Order, Counsel shall either (1) provide satisfactory documentation of Bar membership to the Court and Clerk of Court or (2) apply for membership in the Bar of this Court or for admission pro hac vice for this case. (Ordered by Judge James Wesley Hendrix on 5/20/2025) (skh) (Entered: 05/20/2025)

May 20, 2025

May 20, 2025

RECAP
74

ORDER of USCA as to 36 Notice of Appeal filed by A.R.P, W.M.M. Last Friday, the Supreme Court vacated the judgment of our court, which had dismissed this appeal for lack of jurisdiction. The Court remanded the case back to us for further proceedings, and directed us to proceed "expeditiously." A.A.R.P. v. Trump, 605 U.S. _, _ (2025). Accordingly, this matter is expedited to the next available randomly designated regular oral argument panel. (Attachments: # 1 USCA Letter) (skh) Modified filing date on 5/21/2025 (skh). (Entered: 05/21/2025)

1 USCA Letter

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May 21, 2025

May 21, 2025

PACER
75

ORDER. Because the grant of certiorari automatically resulted in vacatur of the Court's order denying class certification (Dkt. No. 67 ), and the Fifth Circuit now has jurisdiction over the issue of class certification, the Court denies as moot the motion for reconsideration (Dkt. No. 68 ). (Ordered by Judge James Wesley Hendrix on 5/23/2025) (skh) (Entered: 05/23/2025)

May 23, 2025

May 23, 2025

RECAP

Record on Appeal for USCA5 25-10534 (related to 36 appeal): Record consisting of: 1 ECF electronic record on appeal (eROA) is certified,. PLEASE NOTE THE FOLLOWING: Licensed attorneys must have filed an appearance in the USCA5 case and be registered for electronic filing in the USCA5 to access the paginated eROA in the USCA5 ECF system. (Take these steps immediately if you have not already done so. Once you have filed the notice of appearance and/or USCA5 ECF registration, it may take up to 3 business days for the circuit to notify the district clerk that we may grant you access to the eROA in the USCA5 ECF system.) To access the paginated record, log in to the USCA5 ECF system, and under the Utilities menu, select Electronic Record on Appeal. Pro se litigants may request a copy of the record by contacting the appeals deputy in advance to arrange delivery. (skh)

June 2, 2025

June 2, 2025

PACER
76

ORDER of USCA as to 36 Notice of Appeal filed by A.R.P, W.M.M. IT IS ORDERED that the joint stipulation filed by the parties to supplement the record on appeal with relevant documents from other Alien Enemies Act cases is GRANTED. IT IS FURTHER ORDERED that the Appellants' unopposed motion for leave to file record excerpts in excess pages, not to exceed 59 pages is GRANTED. (Attachments: # 1 USCA Motion to Supplement, # 2 Supplemental Forms, # 3 USCA Letter) (skh) (Entered: 06/03/2025)

1 USCA Motion to Supplement

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2 Supplemental Forms

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3 USCA Letter

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June 3, 2025

June 3, 2025

RECAP

Supplemental Record on Appeal for USCA5 25-10534 (related to 36 appeal): Record consisting of: 1 ECF electronic record on appeal (eROA) is certified,. PLEASE NOTE THE FOLLOWING: Licensed attorneys must have filed an appearance in the USCA5 case and be registered for electronic filing in the USCA5 to access the paginated eROA in the USCA5 ECF system. (Take these steps immediately if you have not already done so. Once you have filed the notice of appearance and/or USCA5 ECF registration, it may take up to 3 business days for the circuit to notify the district clerk that we may grant you access to the eROA in the USCA5 ECF system.) To access the paginated record, log in to the USCA5 ECF system, and under the Utilities menu, select Electronic Record on Appeal. Pro se litigants may request a copy of the record by contacting the appeals deputy in advance to arrange delivery. (skh)

June 3, 2025

June 3, 2025

PACER
77

NOTICE of Attorney Application re: 73 Order,, filed by W.M.M. (Pinon, Adriana) (Entered: 06/03/2025)

June 3, 2025

June 3, 2025

PACER
78

ORDER of USCA as to 36 Notice of Appeal, filed by A.R.P, W.M.M. IT IS ORDERED that Appellees' unopposed motion to supplement the record on appeal with new notice documents for Alien Enemies Act cases is GRANTED. (Attachments: # 1 Supplemental Record, # 2 USCA Motion, # 3 USCA Letter) (skh) (Entered: 06/16/2025)

June 12, 2025

June 12, 2025

PACER

Second Supplemental Record on Appeal for USCA5 25-10534 (related to 36 appeal): Record consisting of: 1 ECF electronic record on appeal (eROA) is certified. PLEASE NOTE THE FOLLOWING: Licensed attorneys must have filed an appearance in the USCA5 case and be registered for electronic filing in the USCA5 to access the paginated eROA in the USCA5 ECF system. (Take these steps immediately if you have not already done so. Once you have filed the notice of appearance and/or USCA5 ECF registration, it may take up to 3 business days for the circuit to notify the district clerk that we may grant you access to the eROA in the USCA5 ECF system.) To access the paginated record, log in to the USCA5 ECF system, and under the Utilities menu, select Electronic Record on Appeal. Pro se litigants may request a copy of the record by contacting the appeals deputy in advance to arrange delivery. (skh)

June 16, 2025

June 16, 2025

PACER
79

ORDER of USCA as to 36 Notice of Appeal, filed by A.R.P, W.M.M. IT IS ORDERED that the joint stipulation filed by the parties to supplement the record on appeal with declarations from other Alien Enemies Act cases is GRANTED. (Attachments: # 1 USCA Motion, # 2 Declaration(s), # 3 USCA Letter) (skh) (Entered: 06/27/2025)

1 USCA Motion

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2 Declaration(s)

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3 USCA Letter

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June 27, 2025

June 27, 2025

RECAP

Supplemental Record on Appeal for USCA5 25-10534 (related to 36 appeal): Record consisting of: 1 ECF electronic record on appeal (eROA) is certified,. PLEASE NOTE THE FOLLOWING: Licensed attorneys must have filed an appearance in the USCA5 case and be registered for electronic filing in the USCA5 to access the paginated eROA in the USCA5 ECF system. (Take these steps immediately if you have not already done so. Once you have filed the notice of appearance and/or USCA5 ECF registration, it may take up to 3 business days for the circuit to notify the district clerk that we may grant you access to the eROA in the USCA5 ECF system.) To access the paginated record, log in to the USCA5 ECF system, and under the Utilities menu, select Electronic Record on Appeal. Pro se litigants may request a copy of the record by contacting the appeals deputy in advance to arrange delivery. (skh)

June 27, 2025

June 27, 2025

PACER
80

NOTICE of Service of Summons filed by A.R.P, F.G.M, W.M.M. (Attachments: # 1 Declaration(s) of Christopher Clay) (Pinon, Adriana) (Entered: 07/03/2025)

1 Declaration(s) of Christopher Clay

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July 3, 2025

July 3, 2025

PACER

Case Details