Case: Y.A.P.A v. Trump

4:25-cv-00144 | U.S. District Court for the Middle District of Georgia

Filed Date: April 30, 2025

Case Ongoing

Clearinghouse coding complete

Case Summary

On April 30, 2025, petitioner Y.A.P.A. (a pseudonym) filed a petition for habeas corpus and complaint for declaratory and injunctive relief to prevent him from being removed under the Alien Enemies Act and President Trump's proclamation purporting to render members of a Venezuelan street gang subject to the Act. (Over a dozen such cases are being tracked here.) The same day, he sought a temporary restraining order to prevent his removal from the district or the United States. Judge Clay D. Land…

On April 30, 2025, petitioner Y.A.P.A. (a pseudonym) filed a petition for habeas corpus and complaint for declaratory and injunctive relief to prevent him from being removed under the Alien Enemies Act and President Trump's proclamation purporting to render members of a Venezuelan street gang subject to the Act. (Over a dozen such cases are being tracked here.)

The same day, he sought a temporary restraining order to prevent his removal from the district or the United States. Judge Clay D. Land was assigned the case and issued a preliminary order on May 1 providing that petitioner could not be transferred out of the District pending further order.

On May 21, following briefing and a hearing Judge Land rejected the government's "self-imposed removal process for alien enemies" on the basis that it provided only roughly 24 hours notice before removal, a time expressly found insufficient by the Supreme Court's ruling in A.A.R.P.  On this basis, Judge Land extended the order prohibiting removal of Y.A.P.A from the United States as an alien enemy "until ... Respondents submit to the Court a proposed revised alien enemy removal process as applied to Petitioner that is consistent with the Supreme Court opinion in A.A.R.P."  

On June 27, Judge Land granted the parties joint motion to stay the proceedings until the government designates the petitioner as an "alien enemy" subject to the Alien Enemies Act.  The preliminary injunction remained in effect. 

The case is ongoing.

Summary Authors

Scott Shuchart (5/7/2025)

Catherine Grosso (6/30/2025)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/69998971/parties/yapa-v-trump/


Judge(s)

Land, Clay D. (Georgia)

Attorney for Plaintiff

CASSLER, REBECCA (Georgia)

GALINDO, DANIE (Georgia)

GELERNT, LEE (Georgia)

Attorney for Defendant

JR, ROGER GRANTHAM (Georgia)

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Documents in the Clearinghouse

Document
1

4:25-cv-00144

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

Y.A.P.A. v. Trump

April 30, 2025

April 30, 2025

Complaint
22

4:25-cv-00144

Order

Y.A.P.A. v. Trump

May 21, 2025

May 21, 2025

Order/Opinion

2025 WL 1454014

24

4:25-cv-00144

Order Granting Joint Motion to Stay Proceedings

Y.A.P.A.

June 27, 2025

June 27, 2025

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/69998971/yapa-v-trump/

Last updated Aug. 21, 2025, 6:04 p.m.

ECF Number Description Date Link Date / Link
1

PETITION FOR WRIT OF HABEAS CORPUSagainst All Defendants Fee paid: Receipt # AGAMDC-4931902, $5 filed by Y.A.P.A (Attachments: # 1 Civil Cover Sheet Civil Cover Sheet, # 2 Summons Summons Assistant U.S. Attorney, # 3 Summons Summons Dickerson, # 4 Summons Summons Trump, # 5 Summons Summons Rubio, # 6 Summons Summons U.S. Department of State, # 7 Summons Summons Lyons, # 8 Summons Summons Immigration and Customs Enforcement, # 9 Summons Summons Noem, # 10 Summons Summons Department of Homeland Security, # 11 Summons Summons ICE Atlanta Field Office Director, # 12 Summons Summons Bondi)(LAPOINTE, MICHELLE) (Entered: 04/30/2025)

April 30, 2025

April 30, 2025

Clearinghouse
10

Order granting Petition for Admission Pro Hac Vice (Petition Attached); Attorney Admission Fee Met by DANIE GALINDO. (aen) (Entered: 04/30/2025)

April 30, 2025

April 30, 2025

PACER
11

Order granting Petition for Admission Pro Hac Vice (Petition Attached); Attorney Admission Fee Met by LEE GELERNT. (aen) (Entered: 04/30/2025)

April 30, 2025

April 30, 2025

PACER
12

NOTICE OF SETTING HEARING ON MOTION re 5 Motion to Proceed under Pseudonym, 4 MOTION for Temporary Restraining Order. Hearing will occur via TELEPHONE CONFERENCE. Motion Hearing set for 5/1/2025 09:00 AM (Eastern time) before US DISTRICT JUDGE CLAY D LAND (via telephone). Counsel will receive dial-in information by separate email. Interested parties may obtain dial-in information by emailing Columbus.ecf@gamd.uscourts.gov. (glg) (Entered: 04/30/2025)

April 30, 2025

April 30, 2025

PACER
2

NOTICE of Attorney Appearance by REBECCA CASSLER on behalf of Y.A.P.A Attorney REBECCA CASSLER added to party Y.A.P.A(pty:pla)(CASSLER, REBECCA) (Entered: 04/30/2025)

April 30, 2025

April 30, 2025

PACER
3

ORDER REFERRING CASE to Magistrate Judge issued at the direction of the Court. (esl) (Entered: 04/30/2025)

April 30, 2025

April 30, 2025

PACER
4

EMERGENCY MOTION for Temporary Restraining Order by Y.A.P.A filed by REBECCA CASSLER. (Attachments: # 1 Memorandum in Support Memo ISO TRO Motion, # 2 Proposed Order Proposed TRO, # 3 Exhibit Ex. 1 - Form AEA-21B, # 4 Exhibit Ex. 2 - Cisneros Decl., # 5 Exhibit Ex. 3 - Cassler Decl., # 6 Exhibit Ex. 1 to Cassler Decl. - Validation Guide, # 7 Exhibit Ex. 2 to Cassler Decl. - HSI Assessment Report, # 8 Exhibit Ex. 3 to Cassler Decl. - TDA Gang Indicators, # 9 Exhibit Ex. 4 to Cassler Decl. - Trump Sent These Families, # 10 Exhibit Ex. 5 to Cassler Decl. - Despite Refugee Status, # 11 Exhibit Ex. 6 to Cassler Decl. - They Were Called Gang Members, # 12 Exhibit Ex. 7 to Cassler Decl. - Arturo and Frizgeralth, # 13 Exhibit Ex. 8 to Cassler Decl. - They Were Arrested, # 14 Exhibit Ex. 9 to Cassler Decl. - U.S. Sent Venezuelan Man, # 15 Exhibit Ex. 10 to Cassler Decl. - You're Here Because of Your Tattoos, # 16 Exhibit Ex. 11 to Cassler Decl. - Deported Because of His Tattoos, # 17 Exhibit Ex. 12 to Cassler Decl. - Intelligence Assessment, # 18 Exhibit Ex. 13 to Cassler Decl. - Tattoos of Deported Venezuelans, # 19 Exhibit Ex. 14 to Cassler Decl. - The Trump Administration Sent Them, # 20 Exhibit Ex. 15 to Cassler Decl. - The Makeup Artist, # 21 Exhibit Ex. 16 to Cassler Decl. - About 90% of Migrants Sent to CECOT, # 22 Exhibit Ex. 4 - Decl. of Robert Cerna, # 23 Exhibit Ex. 5 - Decl. of Y.A.P.A., # 24 Exhibit Ex. 6 - Decl. of Rebecca Hanson, # 25 Exhibit Ex. 7 - Decl. of Andres Antillano, # 26 Exhibit Ex. 8 - Decl. of Steven Dudley, # 27 Exhibit Ex. 9 - Decl. of Sarah Bishop, # 28 Exhibit Ex. 10 - Decl. of Juanita Goebertus, # 29 Exhibit Ex. 11 - I-213). Motion(s) referred to CHARLES H WEIGLE.(CASSLER, REBECCA) (Entered: 04/30/2025)

1 Memorandum in Support Memo ISO TRO Motion

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2 Proposed Order Proposed TRO

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3 Exhibit Ex. 1 - Form AEA-21B

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4 Exhibit Ex. 2 - Cisneros Decl.

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5 Exhibit Ex. 3 - Cassler Decl.

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6 Exhibit Ex. 1 to Cassler Decl. - Validation Guide

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7 Exhibit Ex. 2 to Cassler Decl. - HSI Assessment Report

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8 Exhibit Ex. 3 to Cassler Decl. - TDA Gang Indicators

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9 Exhibit Ex. 4 to Cassler Decl. - Trump Sent These Families

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10 Exhibit Ex. 5 to Cassler Decl. - Despite Refugee Status

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11 Exhibit Ex. 6 to Cassler Decl. - They Were Called Gang Members

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12 Exhibit Ex. 7 to Cassler Decl. - Arturo and Frizgeralth

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13 Exhibit Ex. 8 to Cassler Decl. - They Were Arrested

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14 Exhibit Ex. 9 to Cassler Decl. - U.S. Sent Venezuelan Man

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15 Exhibit Ex. 10 to Cassler Decl. - You're Here Because of Your Tattoos

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16 Exhibit Ex. 11 to Cassler Decl. - Deported Because of His Tattoos

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17 Exhibit Ex. 12 to Cassler Decl. - Intelligence Assessment

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18 Exhibit Ex. 13 to Cassler Decl. - Tattoos of Deported Venezuelans

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19 Exhibit Ex. 14 to Cassler Decl. - The Trump Administration Sent Them

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20 Exhibit Ex. 15 to Cassler Decl. - The Makeup Artist

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21 Exhibit Ex. 16 to Cassler Decl. - About 90% of Migrants Sent to CECOT

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22 Exhibit Ex. 4 - Decl. of Robert Cerna

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23 Exhibit Ex. 5 - Decl. of Y.A.P.A.

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24 Exhibit Ex. 6 - Decl. of Rebecca Hanson

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25 Exhibit Ex. 7 - Decl. of Andres Antillano

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26 Exhibit Ex. 8 - Decl. of Steven Dudley

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27 Exhibit Ex. 9 - Decl. of Sarah Bishop

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28 Exhibit Ex. 10 - Decl. of Juanita Goebertus

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29 Exhibit Ex. 11 - I-213

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April 30, 2025

April 30, 2025

PACER
5

MOTION Motion to Proceed under Pseudonym by Y.A.P.A filed by REBECCA CASSLER. (Attachments: # 1 Memorandum in Support Memo ISO Mot to Proceed under Pseudonym, # 2 Proposed Order Proposed Order Granting Mot to Proceed under Pseudonym). Motion(s) referred to CHARLES H WEIGLE.(CASSLER, REBECCA) (Entered: 04/30/2025)

April 30, 2025

April 30, 2025

PACER
6

PETITION TO THE CLERK FOR ADMISSION TO PLEAD AND PRACTICE PRO HAC VICE on behalf of All Plaintiffs Attorney Admission Fee (Pro Hac Vice) paid by Receipt # AGAMDC-4932191, $100. LOCAL COUNSEL Name and Georgia Bar #: Michelle Lapointe, 007080. (Attachments: # 1 Certificate of Good Standing for Lee Gelernt)(GELERNT, LEE) (Entered: 04/30/2025)

April 30, 2025

April 30, 2025

PACER
7

PETITION TO THE CLERK FOR ADMISSION TO PLEAD AND PRACTICE PRO HAC VICE on behalf of Y.A.P.A Attorney Admission Fee (Pro Hac Vice) paid by Receipt # AGAMDC-4932331, $100. LOCAL COUNSEL Name and Georgia Bar #: Michelle Lapointe, 007080. (Attachments: # 1 Certificate of Good Standing for Daniel Galindo)(GALINDO, DANIE) (Entered: 04/30/2025)

April 30, 2025

April 30, 2025

PACER
8

PETITION TO THE CLERK FOR ADMISSION TO PLEAD AND PRACTICE PRO HAC VICE on behalf of Y.A.P.A Attorney Admission Fee (Pro Hac Vice) paid by Receipt # AGAMDC-4932337, $100. LOCAL COUNSEL Name and Georgia Bar #: Michelle Lapointe, 007080. (Attachments: # 1 Certificate of Good Standing for My Khanh Ngo)(NGO, MY KHANH) (Entered: 04/30/2025)

April 30, 2025

April 30, 2025

PACER
9

Order granting Petition for Admission Pro Hac Vice (Petition Attached); Attorney Admission Fee Met by MY KHANH NGO. (aen) (Entered: 04/30/2025)

April 30, 2025

April 30, 2025

PACER

Case Assigned/Reassigned

April 30, 2025

April 30, 2025

PACER

Case REASSIGNED to US MAGISTRATE JUDGE CHARLES H WEIGLE. US MAGISTRATE JUDGE AMELIA G HELMICK no longer assigned to the case. (esl)

April 30, 2025

April 30, 2025

PACER
13

This is a text only entry; no document issued.ORDER Having heard from the parties during today's telephone hearing and as ordered orally at the conclusion of that hearing, the Court finds that Defendants should be provided an opportunity to file a response to Petitioner's motion for temporary restraining order. The Court further finds that the status quo should be maintained during that briefing. Accordingly, Petitioner shall not be transferred from the Middle District of Georgia until further order of the Court. Defendants' response to the motion shall be due May 14, 2025. Petitioner's reply shall be due May 21, 2025. Ordered by US DISTRICT JUDGE CLAY D LAND on May 1, 2025. (CDL) (Entered: 05/01/2025)

May 1, 2025

May 1, 2025

PACER
14

TEXT ONLY Minute Entry (content for administrative purposes only) for proceedings held before US DISTRICT JUDGE CLAY D LAND: Motion Hearing held on 5/1/2025 (via telephone conference) re 5 Motion to Proceed under Pseudonym filed by Y A P A, 4 MOTION for Temporary Restraining Order filed by Y A P A (Court Reporter Joan Drammeh.). See the official transcript or the Court's text only Order for more detail. Petitioner's counsel-Daniel Galindo, Lee Gelernt, Rebecca Casseler and Michelle LaPointe. For the Defense Roger Grantham, Jr and Bowen Shoemaker. All parties were not present in the courtroom. Each person was dialed into the Zoom telephone conference. Court Reporter: Joan Drammeh.Time in Court: 9:04am. (glg) (Entered: 05/01/2025)

May 1, 2025

May 1, 2025

PACER

Order

May 1, 2025

May 1, 2025

PACER
15

TRANSCRIPT of Proceedings held on 05-01-2025, before Judge Clay D. Land. Court Reporter/Transcriber Joan Drammeh. The transcript may be inspected at the court or purchased through the court reporter for a period of 90 days. After 90 days, the transcript may be obtained via PACER. REDACTION OF TRANSCRIPTS: Complete redaction policy available on the courts website. (Drammeh, Joan) (Entered: 05/05/2025)

May 5, 2025

May 5, 2025

PACER
16

MOTION to Seal Document(s) by FIELD OFFICE DIRECTOR, TERRENCE DICKERSON, DONALD J TRUMP, PAMELA BONDI, KRISTI NOEM, DEPARTMENT OF HOMELAND SECURITY, TODD LYONS, IMMIGRATION AND CUSTOMS ENFORCEMENT, MARCO RUBIO, DEPARTMENT OF STATE filed by ROGER GRANTHAM, JR.. Motion(s) referred to CHARLES H WEIGLE.(GRANTHAM, ROGER) (Entered: 05/14/2025)

May 14, 2025

May 14, 2025

PACER
17

RESPONSE filed by FIELD OFFICE DIRECTOR, TERRENCE DICKERSON, DONALD J TRUMP, PAMELA BONDI, KRISTI NOEM, DEPARTMENT OF HOMELAND SECURITY, TODD LYONS, IMMIGRATION AND CUSTOMS ENFORCEMENT, MARCO RUBIO, DEPARTMENT OF STATE re 4 MOTION for Temporary Restraining Order (Attachments: # 1 Declaration of Deputy Assistant Director Selwyn Smith, # 2 Supplemental Declaration of Deputy Assistant Director Selwyn Smith, # 3 Declaration of Supervisory Detention and Deportation Officer Tartanger Stephens)(GRANTHAM, ROGER) (Entered: 05/14/2025)

May 14, 2025

May 14, 2025

PACER
18

NOTICE Notice regarding Dkt. 16 by Y A P A re 16 MOTION to Seal Document(s) (CASSLER, REBECCA) (Entered: 05/15/2025)

May 15, 2025

May 15, 2025

PACER
19

This is a text only entry; no document issued. ORDER granting 16 Motion to Seal Document. The motion to seal the declaration of Deputy Assistant Director Matthew Elliston is temporarily granted, and the Government may file the declaration under seal. After receiving Petitioner's response, the Court will reconsider the sealing and unseal the document if appropriate. Ordered by US DISTRICT JUDGE CLAY D LAND on 05/15/2025 (CCL) (Entered: 05/15/2025)

May 15, 2025

May 15, 2025

PACER
20

RESTRICTED DOCUMENT - Declaration filed pursuant to 19 text Order. (esl) Modified on 5/21/2025 to adjust the security access in compliance with Order 22 (esl). (Entered: 05/15/2025)

May 15, 2025

May 15, 2025

PACER

Order on Motion to Seal Document

May 15, 2025

May 15, 2025

PACER
21

RESPONSE filed by Y A P A re 16 MOTION to Seal Document(s) (Attachments: # 1 Exhibit Ex. 1 - JAV hearing transcript, # 2 Exhibit Ex. 2 - JGG Cisneros Decl)(CASSLER, REBECCA) (Entered: 05/16/2025)

May 16, 2025

May 16, 2025

PACER
22

ORDER granting 4 Motion for TRO to the extent set forth in the order; granting 5 Motion for leave to proceed under a pseudonym; VACATING 19 Text Order on Motion to Seal Document to the extent that the Elliston Declaration (ECF No. 20 ) shall no longer be sealed. Ordered by US DISTRICT JUDGE CLAY D LAND on 05/21/2025. (CCL) (Entered: 05/21/2025)

May 21, 2025

May 21, 2025

Clearinghouse
23

JOINT MOTION to Stay Proceedings by Y A P A filed by REBECCA CASSLER. (Attachments: # 1 Proposed Order Proposed Order Granting Joint Stay Motion). Motion(s) referred to CHARLES H WEIGLE.(CASSLER, REBECCA) (Entered: 06/26/2025)

June 26, 2025

June 26, 2025

PACER
24

ORDER granting 23 Motion to Stay. Ordered by US DISTRICT JUDGE CLAY D LAND on 6/27/2025 (esl) (Entered: 06/27/2025)

June 27, 2025

June 27, 2025

RECAP

Case Details

State / Territory: Georgia

Case Type(s):

Immigration and/or the Border

Special Collection(s):

Trump 1.0 & 2.0 Immigration Enforcement Order Challenges

Trump Administration 2.0: Challenges to the Government

Trump Administration 2.0: Challenges to the Government (Immigration Enforcement)

Key Dates

Filing Date: April 30, 2025

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Venezuelan detainee potentially subject to removal under the Alien Enemies Act

Attorney Organizations:

ACLU Immigrants' Rights Project

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

U.S. Immigration and Customs Enforcement (- United States (national) -), Federal

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

Administrative Procedure Act, 5 U.S.C. §§ 551 et seq.

Habeas Corpus, 28 U.S.C. §§ 2241-2253; 2254; 2255

Mandamus, 28 U.S.C. § 1361

All Writs Act, 28 U.S.C. § 1651

Constitutional Clause(s):

Due Process

Special Case Type(s):

Habeas

Available Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Preliminary injunction / Temp. restraining order

Source of Relief:

Litigation

Content of Injunction:

Preliminary relief granted

Removal/deportation barred

Issues

Immigration/Border:

Asylum - procedure

Constitutional rights

Convention against Torture

Deportation - procedure