Case: G.M.G. v. Trump

1:25-cv-00195 | U.S. District Court for the District of Rhode Island

Filed Date: May 5, 2025

Closed Date: Nov. 10, 2025

Clearinghouse coding complete

Case Summary

This case is one of several lawsuits challenging the Trump administration’s use of the Alien Enemies Act to detain and deport noncitizens without due process. You can see all of the cases here. On May 5, 2025, a Venezuelan man in immigration custody at risk of imminent removal under President Trump's Proclamation invoking the Alien Enemies Act filed this petition for writ of habeas corpus in the U.S. District Court for the District of Rhode Island. He named President Donald Trump, the U.S. Atto…

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

On May 5, 2025, a Venezuelan man in immigration custody at risk of imminent removal under President Trump's Proclamation invoking the Alien Enemies Act filed this petition for writ of habeas corpus in the U.S. District Court for the District of Rhode Island. He named President Donald Trump, the U.S. Attorney General, the U.S. Department of Homeland Security and its Secretary, U.S. Immigrations and Customs Enforcement and its Acting Director, the U.S. State Department and its Secretary, the U.S. Department of Defense and its Secretary, the acting Boston Field Office Director of ICE, and the Warden of the Wyatt Detention Facility. The Petitioner alleged that Defendants' actions exceeded their authority under the AEA and violated the Immigration and Nationality Act, the Foreign Affairs and Restructuring Act of 1998, and the Fifth Amendment.

The case was assigned to District Judge Melissa R. Dubose, who ordered on May 5 that the government give the court advance notice before moving the petitioner from the district. On May 7, 2025, G.M.G filed a TRO motion, which was granted; the court ordered that the plaintiff could not be moved to a different district without 72 hours' notice.

At the Petitioner's immigration proceedings, the Judge granted asylum for the Petitioner, finding that they had established a well-founded fear of future persecution on October 7, 2025. The Judge rejected the government's argument that they are a member of the Tren de Aragua gang. Thus, the petitioner was released from custody. On November 6, the decision became administratively final because the government did not appeal the decision.

On November 10, the court granted the Petitioner's motion to voluntarily dismiss all of their claims. 

Summary Authors

Scott Shuchart (5/9/2025)

Liv Akkerman-Byram (6/20/2025)

Catherine Grosso (7/30/2025)

Zainab Mustafa (11/26/2025)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/70130735/parties/gmg-v-trump/


Expert/Monitor/Master/Other

Bloom, Sara Miron (Rhode Island)

Deyoe, Sonja L. (Rhode Island)

Galindo, Daniel (Rhode Island)

Gelernt, Lee P. (Rhode Island)

Labinger, Lynette J. (Rhode Island)

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Documents in the Clearinghouse

Document
1

1:25-cv-00195

Petition for Writ of Habeas Corpus

May 5, 2025

May 5, 2025

Complaint
2-1

1:25-cv-00195

Petitioner - Plaintiff's Memorandum of Law in Support of a Temporary Restraining Order

May 5, 2025

May 5, 2025

Pleading / Motion / Brief
9

1:25-cv-00195

Order

May 5, 2025

May 5, 2025

Order/Opinion
11

1:25-cv-00195

Order

May 7, 2025

May 7, 2025

Order/Opinion
10

1:25-cv-00195

Notice of Supplemental Authorities

May 7, 2025

May 7, 2025

Pleading / Motion / Brief

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/70130735/gmg-v-trump/

Last updated Dec. 3, 2025, 1:54 a.m.

ECF Number Description Date Link Date / Link
1

PETITION for Writ of Habeas Corpus ( Filing fee $ 5.00 receipt number ARIDC-2130514.), filed by G MG. (Attachments: # 1 Civil Cover Sheet, # 2 Summons, # 3 Summons, # 4 Summons, # 5 Summons, # 6 Summons, # 7 Summons, # 8 Summons, # 9 Summons, # 10 Summons, # 11 Summons, # 12 Summons, # 13 Summons, # 14 Summons)(Deyoe, Sonja) (Entered: 05/05/2025)

1 Civil Cover Sheet

View on PACER

2 Summons

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3 Summons

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4 Summons

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5 Summons

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6 Summons

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7 Summons

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8 Summons

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9 Summons

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10 Summons

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11 Summons

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12 Summons

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13 Summons

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14 Summons

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May 5, 2025

May 5, 2025

Clearinghouse
2

Emergency MOTION for Temporary Restraining Order filed by G.M.G.. (Attachments: # 1 Supporting Memorandum, # 2 Affidavit, # 3 Proposed Order)(Deyoe, Sonja) (Entered: 05/05/2025)

1 Supporting Memorandum

View on RECAP

2 Affidavit

View on RECAP

3 Proposed Order

View on RECAP

May 5, 2025

May 5, 2025

3

MOTION to Proceed Under a Pseudonym filed by G.M.G.. Responses due by 5/19/2025. (Attachments: # 1 Supporting Memorandum, # 2 Proposed Order)(Deyoe, Sonja) (Entered: 05/05/2025)

May 5, 2025

May 5, 2025

5

MOTION for Daniel Galindo to Appear Pro Hac Vice ( filing fee paid $ 100.00, receipt number ARIDC-2130555 ) filed by G.M.G.. (Deyoe, Sonja) (Entered: 05/05/2025)

May 5, 2025

May 5, 2025

6

MOTION for Lee Gelernt to Appear Pro Hac Vice ( filing fee paid $ 100.00, receipt number ARIDC-2130556 ) filed by G.M.G.. (Deyoe, Sonja) (Entered: 05/05/2025)

May 5, 2025

May 5, 2025

7

MOTION for My Khanh Ngo to Appear Pro Hac Vice ( filing fee paid $ 100.00, receipt number ARIDC-2130557 ) filed by G.M.G.. (Deyoe, Sonja) (Entered: 05/05/2025)

May 5, 2025

May 5, 2025

8

NOTICE of Appearance by Lynette J. Labinger on behalf of G.M.G. (Labinger, Lynette) (Entered: 05/05/2025)

May 5, 2025

May 5, 2025

9

ORDER REQUIRING ADVANCED NOTICE BEFORE MOVING PETITIONER entered. So Ordered by District Judge Melissa R. DuBose on 5/5/2025. (Urizandi, Nissheneyra) (Entered: 05/05/2025)

May 5, 2025

May 5, 2025

Clearinghouse

Case Assigned/Reassigned

May 5, 2025

May 5, 2025

Order on Motion to Appear Pro Hac Vice

May 5, 2025

May 5, 2025

Notice of Hearing (Form Attached)

May 5, 2025

May 5, 2025

Case assigned to District Judge Melissa R. DuBose and Magistrate Judge Patricia A. Sullivan. (Simoncelli, Michael)

May 5, 2025

May 5, 2025

TEXT ORDER granting 5 Motion to Appear Pro Hac Vice of Daniel Galindo. So Ordered by District Judge Melissa R. DuBose on 5/5/2025. (Gonzalez Gomez, Viviana)

May 5, 2025

May 5, 2025

TEXT ORDER granting 6 Motion to Appear Pro Hac Vice of Lee P. Gelernt. So Ordered by District Judge Melissa R. DuBose on 5/5/2025. (Gonzalez Gomez, Viviana)

May 5, 2025

May 5, 2025

TEXT ORDER granting 7 Motion to Appear Pro Hac Vice of My Khanh Ngo. So Ordered by District Judge Melissa R. DuBose on 5/5/2025. (Gonzalez Gomez, Viviana)

May 5, 2025

May 5, 2025

NOTICE of Hearing: Chambers Conference set for 5/7/2025 at 4:00 PM by Remote Hearing before District Judge Melissa R. DuBose. This is a non-public conference. (Zoom Meeting ID: 161 216 8501, Passcode: 898730) (Urizandi, Nissheneyra)

May 5, 2025

May 5, 2025

NOTICE of Hearing re 2 MOTION for Temporary Restraining Order set for 5/7/2025 at 4:00 PM by Remote Hearing before District Judge Melissa R. DuBose. See the Court's public website for access to hearing.

May 5, 2025

May 5, 2025

10

NOTICE by G.M.G. re 2 Emergency MOTION for Temporary Restraining Order of Additional Authority (Attachments: # 1 Exhibit, # 2 Exhibit)(Deyoe, Sonja) (Entered: 05/07/2025)

1 Exhibit

View on RECAP

2 Exhibit

View on RECAP

May 7, 2025

May 7, 2025

Clearinghouse
11

AMENDED ORDER REQUIRING ADVANCED NOTICE BEFORE MOVING PETITIONER entered. So Ordered by District Judge Melissa R. DuBose on 5/7/2025. (Urizandi, Nissheneyra) (Entered: 05/07/2025)

May 7, 2025

May 7, 2025

Clearinghouse

Motion Hearing

May 7, 2025

May 7, 2025

Minute Entry for proceedings held before District Judge Melissa R. DuBose: Motion Hearing held on 5/7/2025 re 2 Emergency MOTION for Temporary Restraining Order filed by G.M.G.. (My.K. Ngo, S.M. Bloom) Arguments heard. The Court amends order re notice (clerk to file). Recess. (Court Reporter Denise Webb in Courtroom Zoom at 4:00 PM) (Urizandi, Nissheneyra)

May 7, 2025

May 7, 2025

12

TRANSCRIPT ORDER for proceedings held on 5/7/2025 before Judge Melissa R. DuBose. Daily Transcript selected. Transcript to be delivered following adjournment and prior to the normal opening hour of court on the following morning.. (Ngo, My Khanh) (Entered: 05/09/2025)

May 9, 2025

May 9, 2025

13

TRANSCRIPT ORDER ACKNOWLEDGMENT Entered re: 12 Transcript Order,. Daily Transcript Ordered. Court Reporter/Transcriber: Denise Webb. (Dias, Jennifer) (Entered: 05/12/2025)

May 12, 2025

May 12, 2025

14

NOTICE of Appearance by Sara Miron Bloom on behalf of All Defendants (Bloom, Sara) (Entered: 05/13/2025)

May 13, 2025

May 13, 2025

15

NOTICE of Appearance by Michael Ross on behalf of All Defendants (Ross, Michael) (Entered: 05/15/2025)

May 15, 2025

May 15, 2025

16

TRANSCRIPT of Emergency Application for a TRO held on 05/07/2025 before District Judge Melissa R. DuBose. Court Reporter Denise A Webb, Telephone number 401-752-7045. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE TO COUNSEL: Redaction Requests must be filed for personal identifiers only. All other redactions must be requested by motion. For local policy and sample redaction request visit our website at www.rid.uscourts.gov and select Transcripts under the Case Information menu option. Redaction Request due 6/9/2025. Redacted Transcript Deadline set for 6/20/2025. Release of Transcript Restriction set for 8/18/2025. (Webb, Denise) (Entered: 05/19/2025)

May 19, 2025

May 19, 2025

17

NOTICE by G.M.G. Notice of Voluntary Dismissal (Ngo, My Khanh) (Entered: 11/10/2025)

Nov. 10, 2025

Nov. 10, 2025

RECAP

Case Details

State / Territory:

Rhode Island

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

Key Dates

Filing Date: May 5, 2025

Closing Date: Nov. 10, 2025

Case Ongoing: No

Plaintiffs

Plaintiff Description:

A Venezuelan national who is being detained and fears being removed from the U.S. under the Alien Enemies Act.

Attorney Organizations:

ACLU Affiliates (any)

ACLU Immigrants' Rights Project

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Immigraiton and Customs Enforcement (- United States (national) -), Federal

Department of State (- United States (national) -), Federal

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

All Writs Act, 28 U.S.C. § 1651

Declaratory Judgment Act, 28 U.S.C. § 2201

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

Immigration and Nationality Act (INA), 8 U.S.C. §§ 1101 et seq.

Constitutional Clause(s):

Due Process

Other Dockets:

District of Rhode Island 1:25-cv-00195

Special Case Type(s):

Habeas

Available Documents:

Any published opinion

Complaint (any)

Trial Court Docket

Outcome

Prevailing Party: None Yet / None

Relief Sought:

Attorneys fees

Declaratory judgment

Injunction

Relief Granted:

None yet

Source of Relief:

None yet

Issues

Immigration/Border:

Asylum - procedure

Convention against Torture

Deportation - judicial review

Deportation - procedure