Case: M.A.P.S. v. Garite

3:25-cv-00171 | U.S. District Court for the Western District of Texas

Filed Date: May 10, 2025

Closed Date: June 9, 2025

Clearinghouse coding complete

Case Summary

This case is one of several lawsuits challenging the Trump administration’s use of the Alien Enemies Act (AEA) to detain and deport noncitizens without due process. You can see all of the cases here. This case was also certified related to Sanchez Puentes, et al., v. Garite, et al..  Both cases revolved around the use of the AEA to remove noncitizens in Texas and the resolution of the motions pending in either case could impact the other. This petition arises out of the president's peacetime in…

This case is one of several lawsuits challenging the Trump administration’s use of the Alien Enemies Act (AEA) to detain and deport noncitizens without due process. You can see all of the cases here. This case was also certified related to Sanchez Puentes, et al., v. Garite, et al..  Both cases revolved around the use of the AEA to remove noncitizens in Texas and the resolution of the motions pending in either case could impact the other.

This petition arises out of the president's peacetime invocation of the AEA. The petitioner is a 33-year-old Venezuelan national detained at the El Paso Processing Center. After coming to the US, the petitioner was granted Temporary Protected Status (TRP) which shields her from detention. On April 9, 2025, Immigrations and Customs Enforcement detained the petitioner in Ohio, despite her active TPS. 

On May 10, 2025, the petitioner filed this petition for writ of habeas corpus in the United States District Court for the Western District of Texas. She also filed a motion for a temporary restraining order, a motion to proceed under a pseudonym, and a motion for class certification. The plaintiff named President Donald Trump, the U.S. Attorney General, the Department of Homeland Security and its Secretary, Immigration and Customs Enforcement and its Acting Director and other officials, the Department of State and its Secretary, the Department of Defense and its Secretary, and the wardens of several detention centers as Defendants.

The plaintiff sought to represent a class challenging the federal government's use of the Alien Enemies Act (AEA) to detain and remove Venezuelan noncitizens from the United States without due process. She alleged that the government's actions exceeded it authority under the AEA and violated the Immigration and Nationality Act, the Foreign Affairs Reform and Restructuring Act, and Due Process under the Fifth Amendment. The case was assigned to Senior District Judge David Briones.

On May 13, 2025, Judge Briones issued a class-wide temporary restraining order—prohibiting removal of potential class members and requiring certain advance notice to attorneys—while also setting an expedited briefing schedule on class certification. 2025 WL 1379220.

On May 16, the court issued two orders: (1) an order for the Respondents to show cause at to why the Petitioner's writ should not be granted; (2) an "Order Extending the Original Temporary Restraining Order" until June 10, 2025.

The petitioner moved for a preliminary injunction on May 21, 2025, to enjoin the respondents from removing the petitioner or members of the certified class from the United States under the AEA. The motion alleged that the petitioners, and the class members, could be removed with no process if preliminary relief were not granted. This could result torture or a life sentence in El Salvador-- a harm the government refused to remedy in the past.

The next day, the court ordered that the hearing for the preliminary injunction be combined with a trial on the merits. The court also certified a class of "all noncitizens in custody in the Western District of Texas who were, are, or will be subject to the March 2025 Presidential Proclamation entitled 'Invocation of the Alien Enemies Act Regarding the Invasion of the United States by Tren De Aragua' and/or its implementation." 2025 WL 1479504. The court found that even though there may be questions of fact amongst the class members that may require individualized hearings to resolve, they shared the common claim that the Proclamation is unlawful.

The court granted the petitioner's class-wide writ of habeas corpus and motion for a preliminary injunction on June 9, 2025. 2025 WL 1622260. While habeas petitions are typically granted individually, the court found that because their claims for relief imply the illegality of their removal under the AEA, their claims fall within the 'core' of the writ of habeas corpus and could be brought through this suit.

Finding that there were no genuine issues of material fact, the court treated the petitioner's motion for a class-wide preliminary injunction as a motion for summary judgment, and thus, issued permanent injunctive relief. Proclamation 10903 was declared unlawful and the respondents were enjoined from removing the members of the certified class from the United States pursuant to Proclamation 10903.

The case is ongoing.

Summary Authors

Scott Shuchart (5/14/2025)

Related Cases

Sanchez Puentes v. Garite, Western District of Texas (2025)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/70242549/parties/maps-v-garite/


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Documents in the Clearinghouse

Document
1

3:25-cv-00171

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

May 10, 2025

May 10, 2025

Complaint
2-1

3:25-cv-00171

Memorandum of Law in Support of Petitioner-Plaintiff's Motion For Class Certification

May 10, 2025

May 10, 2025

Pleading / Motion / Brief
3-1

3:25-cv-00171

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

May 10, 2025

May 10, 2025

Pleading / Motion / Brief
16

3:25-cv-00171

Temporary Restraining Order

May 13, 2025

May 13, 2025

Order/Opinion

2025 WL 1379220

17

3:25-cv-00171

Order Setting Expedited Briefing Schedule for Motion for Class Certification

May 13, 2025

May 13, 2025

Order/Opinion
59

3:25-cv-00171

Memorandum Opinion and Order Granting Petition and Issuing Writ of Habeas Corpus

June 9, 2025

June 9, 2025

Order/Opinion

2025 WL 1622260

60

3:25-cv-00171

Final Judgment and Permanent Injunction

June 9, 2025

June 9, 2025

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/70242549/maps-v-garite/

Last updated Aug. 21, 2025, 5 p.m.

ECF Number Description Date Link Date / Link
1

Petition for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ATXWDC-20161939), filed by M.A.P.S.. (Attachments: # 1 Civil Cover Sheet)(Pinon, Adriana) (Entered: 05/10/2025)

1 Civil Cover Sheet

View on PACER

May 10, 2025

May 10, 2025

Clearinghouse
2

MOTION to Certify Class by M.A.P.S.. (Attachments: # 1 Memo in Support, # 2 Exhibit Declaration of Daniel Galindo, # 3 Proposed Order)(Pinon, Adriana) (Entered: 05/10/2025)

1 Memo in Support

View on RECAP

2 Exhibit Declaration of Daniel Galindo

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3 Proposed Order

View on PACER

May 10, 2025

May 10, 2025

PACER
3

MOTION for Temporary Restraining Order by M.A.P.S.. (Attachments: # 1 Memo in Support, # 2 Exhibit Declaration of Carlos Cisneros, # 3 Exhibit Declaration of Jennifer Babaie, # 4 Proposed Order)(Pinon, Adriana) (Entered: 05/10/2025)

1 Memo in Support

View on RECAP

2 Exhibit Declaration of Carlos Cisneros

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3 Exhibit Declaration of Jennifer Babaie

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4 Proposed Order

View on PACER

May 10, 2025

May 10, 2025

PACER
4

MOTION to Proceed Under Pseudonym by M.A.P.S.. (Attachments: # 1 Memo in Support, # 2 Proposed Order)(Pinon, Adriana) (Entered: 05/10/2025)

May 10, 2025

May 10, 2025

PACER
5

NOTICE of Related Case by M.A.P.S. (Pinon, Adriana) (Entered: 05/10/2025)

May 10, 2025

May 10, 2025

RECAP
6

REQUEST FOR ISSUANCE OF SUMMONS by M.A.P.S.. (Pinon, Adriana) (Entered: 05/10/2025)

May 10, 2025

May 10, 2025

PACER
10

NOTICE of Attorney Appearance by Brian Klosterboer on behalf of M.A.P.S.. Attorney Brian Klosterboer added to party M.A.P.S.(pty:pet) (Klosterboer, Brian) (Entered: 05/12/2025)

May 12, 2025

May 12, 2025

PACER
11

Summons Issued as to Murray Agnew, Pamela Bondi, Bret Bradford, Charlotte Collins, Mary De Anda-Ybarra, Angel Garite, Pete Hegseth, Todd Lyons, Kristi Noem, Marco Rubio, Bobby Thompson, Rose Thompson, Donald J. Trump, U.S. Department of Defense, U.S. Department of Homeland Security, U.S. Department of State, U.S. Immigration and Customs Enforcement, Miguel Vergara, U.S. Attorney and U.S. Attorney General (jg1) (Entered: 05/12/2025)

May 12, 2025

May 12, 2025

PACER
12

MOTION to Appear Pro Hac Vice by Adriana Cecilia Pinon For Attorney Lee Gelernt ( Filing fee $ 100 receipt number ATXWDC-20168920) by on behalf of M.A.P.S.. (Pinon, Adriana) (Entered: 05/12/2025)

May 12, 2025

May 12, 2025

PACER
13

MOTION to Appear Pro Hac Vice by Adriana Cecilia Pinon For Attorney Daniel Galindo ( Filing fee $ 100 receipt number ATXWDC-20168926) by on behalf of M.A.P.S.. (Pinon, Adriana) (Entered: 05/12/2025)

May 12, 2025

May 12, 2025

PACER
14

MOTION to Appear Pro Hac Vice by Adriana Cecilia Pinon For Attorney My Khanh Ngo ( Filing fee $ 100 receipt number ATXWDC-20168941) by on behalf of M.A.P.S.. (Pinon, Adriana) (Entered: 05/12/2025)

May 12, 2025

May 12, 2025

PACER
7

NOTICE of Attorney Appearance by Thomas Paul Buser-Clancy on behalf of M.A.P.S.. Attorney Thomas Paul Buser-Clancy added to party M.A.P.S.(pty:pet) (Buser-Clancy, Thomas) (Entered: 05/12/2025)

May 12, 2025

May 12, 2025

PACER
8

NOTICE of Attorney Appearance by Ashley Alcantara Harris on behalf of M.A.P.S.. Attorney Ashley Alcantara Harris added to party M.A.P.S.(pty:pet) (Harris, Ashley) (Entered: 05/12/2025)

May 12, 2025

May 12, 2025

PACER
9

NOTICE of Attorney Appearance by Charelle Lett on behalf of M.A.P.S.. Attorney Charelle Lett added to party M.A.P.S.(pty:pet) (Lett, Charelle) (Entered: 05/12/2025)

May 12, 2025

May 12, 2025

PACER

To be Referred to EP Mag Judge

May 12, 2025

May 12, 2025

PACER

Case Assigned/Reassigned

May 12, 2025

May 12, 2025

PACER

Case assigned to Judge David Briones. CM WILL NOW REFLECT THE JUDGE INITIALS AS PART OF THE CASE NUMBER. PLEASE APPEND THESE JUDGE INITIALS TO THE CASE NUMBER ON EACH DOCUMENT THAT YOU FILE IN THIS CASE. (jg1)

May 12, 2025

May 12, 2025

PACER

If ordered by the court, all referrals will be assigned to Magistrate Judge Torres (jg1)

May 12, 2025

May 12, 2025

PACER
15

NOTICE of Attorney Appearance by Daniel Martin Cappelletti on behalf of Murray Agnew, Pamela Bondi, Bret Bradford, Charlotte Collins, Mary De Anda-Ybarra, Angel Garite, Pete Hegseth, Todd Lyons, Kristi Noem, Marco Rubio, Bobby Thompson, Rose Thompson, Donald J. Trump, U.S. Department of Defense, U.S. Department of Homeland Security, U.S. Department of State, U.S. Immigration and Customs Enforcement, Miguel Vergara. Attorney Daniel Martin Cappelletti added to party Murray Agnew(pty:res), Attorney Daniel Martin Cappelletti added to party Pamela Bondi(pty:res), Attorney Daniel Martin Cappelletti added to party Bret Bradford(pty:res), Attorney Daniel Martin Cappelletti added to party Charlotte Collins(pty:res), Attorney Daniel Martin Cappelletti added to party Mary De Anda-Ybarra(pty:res), Attorney Daniel Martin Cappelletti added to party Angel Garite(pty:res), Attorney Daniel Martin Cappelletti added to party Pete Hegseth(pty:res), Attorney Daniel Martin Cappelletti added to party Todd Lyons(pty:res), Attorney Daniel Martin Cappelletti added to party Kristi Noem(pty:res), Attorney Daniel Martin Cappelletti added to party Marco Rubio(pty:res), Attorney Daniel Martin Cappelletti added to party Bobby Thompson(pty:res), Attorney Daniel Martin Cappelletti added to party Rose Thompson(pty:res), Attorney Daniel Martin Cappelletti added to party Donald J. Trump(pty:res), Attorney Daniel Martin Cappelletti added to party U.S. Department of Defense(pty:res), Attorney Daniel Martin Cappelletti added to party U.S. Department of Homeland Security(pty:res), Attorney Daniel Martin Cappelletti added to party U.S. Department of State(pty:res), Attorney Daniel Martin Cappelletti added to party U.S. Immigration and Customs Enforcement(pty:res), Attorney Daniel Martin Cappelletti added to party Miguel Vergara(pty:res) (Cappelletti, Daniel) (Entered: 05/13/2025)

May 13, 2025

May 13, 2025

PACER
16

ORDER GRANTING 3 Motion for TRO. Pursuant to Federal Rule of Civil Procedure 65(b)(2), this Temporary Restraining Order shall expire on May 27, 2025 at 2:47pm MST, unless extended by Order of the Court. Signed by Judge David Briones. (mv) Modified on 5/16/2025 (mc4). (Entered: 05/13/2025)

May 13, 2025

May 13, 2025

Clearinghouse
17

ORDER SETTING EXPEDITED BRIEFING SCHEDULE FOR MOTION FOR CLASS CERTIFICATION. Signed by Judge David Briones. (jg1) (Entered: 05/13/2025)

May 13, 2025

May 13, 2025

Clearinghouse
18

MOTION to Appear Pro Hac Vice by Adriana Cecilia Pinon For Attorney Yulie Landan ( Filing fee $ 100 receipt number ATXWDC-20176779) by on behalf of M.A.P.S.. (Pinon, Adriana) (Entered: 05/13/2025)

May 13, 2025

May 13, 2025

PACER
19

MOTION to Appear Pro Hac Vice by Adriana Cecilia Pinon For Attorney Sirine Shebaya ( Filing fee $ 100 receipt number ATXWDC-20176782) by on behalf of M.A.P.S.. (Pinon, Adriana) (Entered: 05/13/2025)

May 13, 2025

May 13, 2025

PACER
20

ORDER GRANTING 4 Petitioner/Plaintiff's Motion for Leave to Proceed under Pseudonym Signed by Judge David Briones. (mc4) (Entered: 05/14/2025)

May 13, 2025

May 13, 2025

RECAP
21

ORDER GRANTING 12 Motion to Appear Pro Hac Vice. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. Registration is managed by the PACER Service Center Signed by Judge David Briones. (mc4) (Entered: 05/14/2025)

May 13, 2025

May 13, 2025

PACER
22

ORDER GRANTING 13 Motion to Appear Pro Hac Vice for Attorney Daniel Galindo for M.A.P.S.. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. Registration is managed by the PACER Service Center Signed by Judge David Briones. (mc4) (Entered: 05/14/2025)

May 13, 2025

May 13, 2025

PACER
23

ORDER GRANTING 14 Motion to Appear Pro Hac Vice for Attorney My Khanh Ngo for M.A.P.S.. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. Registration is managed by the PACER Service Center Signed by Judge David Briones. (mc4) (Entered: 05/14/2025)

May 13, 2025

May 13, 2025

PACER
24

ORDER DENYING 18 Motion to Appear Pro Hac Vice as to Attorney Yulie Landan Signed by Judge David Briones. (jg1) (Entered: 05/14/2025)

May 14, 2025

May 14, 2025

PACER
25

ORDER DENYING 19 Motion to Appear Pro Hac Vice as to Attorney Sirine Shebaya Signed by Judge David Briones. (jg1) (Entered: 05/14/2025)

May 14, 2025

May 14, 2025

PACER
26

Certified Mailing of 25 Order on Motion to Appear Pro Hac Vice (mao) (Entered: 05/16/2025)

May 15, 2025

May 15, 2025

PACER
27

Certified Mailing of 24 Order on Motion to Appear Pro Hac Vice (mao) (Entered: 05/16/2025)

May 15, 2025

May 15, 2025

PACER
28

ORDER TO SHOW CAUSE: Respondents Show Cause Response due by 5/23/2025. Signed by Judge David Briones. (mc4) (Entered: 05/16/2025)

May 16, 2025

May 16, 2025

RECAP
29

ORDER SETTING Expedited Briefing Schedule on Preliminary Injunction. Signed by Judge David Briones. (mc4) (Entered: 05/16/2025)

May 16, 2025

May 16, 2025

RECAP
30

ORDER SETTING HEARING re 1 Motion for Preliminary Injunction and 28 Order to Show Cause, (Hearing set for 5/29/2025 01:30 PM before Judge David Briones,). Signed by Judge David Briones. (mc4) (Entered: 05/16/2025)

May 16, 2025

May 16, 2025

RECAP
31

ORDER EXTENDING Original Temporary Restraining Order to 6/10/25 at 2:47pm MDT. Signed by Judge David Briones. (mc4) (Entered: 05/16/2025)

May 16, 2025

May 16, 2025

RECAP
32

Response in Opposition to Motion, filed by Murray Agnew, Pamela Bondi, Bret Bradford, Charlotte Collins, Mary De Anda-Ybarra, Angel Garite, Pete Hegseth, Todd Lyons, Kristi Noem, Marco Rubio, Bobby Thompson, Rose Thompson, Donald J. Trump, U.S. Department of Defense, U.S. Department of Homeland Security, U.S. Department of State, U.S. Immigration and Customs Enforcement, Miguel Vergara, re 2 MOTION to Certify Class filed by Petitioner M.A.P.S. (Cappelletti, Daniel) (Entered: 05/16/2025)

May 16, 2025

May 16, 2025

PACER
33

Joint MOTION for Leave to Exceed Page Limitation for Petitioner's Motion for Preliminary Injunction and Respondents' Response by M.A.P.S.. (Attachments: # 1 Proposed Order)(Gelernt, Lee) (Entered: 05/20/2025)

May 20, 2025

May 20, 2025

PACER
34

MOTION for Preliminary Injunction by M.A.P.S.. (Attachments: # 1 Memo in Support, # 2 Index of Exhibits, # 3 Exhibit A Declaration of Rebecca Hanson, # 4 Exhibit B Declaration of Andres Antillano, # 5 Exhibit C Declaration of Steven Dudley, # 6 Exhibit D Declaration of Sarah Bishop, # 7 Exhibit E Declaration of Juanita Goebertus, # 8 Exhibit F Declaration of Paulina Reyes, # 9 Exhibit G Declaration of Linette Tobin, # 10 Exhibit H Declaration of Oscar Sarabia Roman, # 11 Exhibit I Supplemental Declaration of Jennifer Babaie, # 12 Proposed Order)(Gelernt, Lee) (Entered: 05/21/2025)

1 Memo in Support

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2 Index of Exhibits

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3 Exhibit A Declaration of Rebecca Hanson

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4 Exhibit B Declaration of Andres Antillano

View on PACER

5 Exhibit C Declaration of Steven Dudley

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6 Exhibit D Declaration of Sarah Bishop

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7 Exhibit E Declaration of Juanita Goebertus

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8 Exhibit F Declaration of Paulina Reyes

View on PACER

9 Exhibit G Declaration of Linette Tobin

View on PACER

10 Exhibit H Declaration of Oscar Sarabia Roman

View on PACER

11 Exhibit I Supplemental Declaration of Jennifer Babaie

View on PACER

12 Proposed Order

View on PACER

May 21, 2025

May 21, 2025

RECAP
35

REPLY to Response to Motion, filed by M.A.P.S., re 2 MOTION to Certify Class filed by Petitioner M.A.P.S. (Gelernt, Lee) (Entered: 05/21/2025)

May 21, 2025

May 21, 2025

PACER
36

ORDER GRANTING 33 Motion for Leave to File Excess Pages Signed by Judge David Briones. (ll) (Entered: 05/21/2025)

May 21, 2025

May 21, 2025

RECAP
37

ORDER CONVERTING HEARING INTO TRIAL ON THE MERITS (Motion for Injunction and Show Cause Order trial set for 5/29/2025 01:30 PM before Judge David Briones). Signed by Judge David Briones. (ll) (Entered: 05/23/2025) (Entered: 05/23/2025)

May 22, 2025

May 22, 2025

RECAP
38

MEMORANDUM OPINION AND ORDER GRANTING 2 Motion to Certify Class. It is further Ordered this court CERTIFIES a class of all noncitizens in custody in the Western District of Texas who were, are, or will be subject to the March 2025 Presidential Proclamation entitled 'Invocation of the Aliens Enemies Act Regarding the Invasion of the United States by Tren Aragua' and/or its implementation. It is further Ordered Petitioner M.A.P.S is APPOINTED class representative of the certified class. It is Finally Ordered Lee Gelent of the American Civil Liberties Union Foundation is APPOINTED lead counsel for the certified class, and all attorneys from the American Civil Liberties Union and the American Civil Liberties Union of Texas who have appeared in this matter as counsel of record for Petitioner M.A.P.S. are APPOINTED as co-counsel for the certified class. Signed by Judge David Briones. (ll) (Entered: 05/23/2025)

May 22, 2025

May 22, 2025

RECAP
39

Response in Opposition to Motion, filed by Murray Agnew, Pamela Bondi, Bret Bradford, Charlotte Collins, Mary De Anda-Ybarra, Angel Garite, Pete Hegseth, Todd Lyons, Kristi Noem, Marco Rubio, Bobby Thompson, Rose Thompson, Donald J. Trump, U.S. Department of Defense, U.S. Department of Homeland Security, U.S. Department of State, U.S. Immigration and Customs Enforcement, Miguel Vergara, re 34 MOTION for Preliminary Injunction filed by Petitioner M.A.P.S. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Cappelletti, Daniel) (Entered: 05/23/2025)

May 23, 2025

May 23, 2025

PACER
40

Motion for leave to File Sealed Document (Attachments: # 1 Exhibit SEALED DOCUMENT) (Cappelletti, Daniel) (Entered: 05/23/2025)

May 23, 2025

May 23, 2025

PACER
41

MOTION to Appear Pro Hac Vice by Adriana Cecilia Pinon for Attorney Jennifer Babaie ( Filing fee $ 100 receipt number ATXWDC-20238850) by on behalf of M.A.P.S.. (Pinon, Adriana) (Entered: 05/27/2025)

May 27, 2025

May 27, 2025

PACER
42

Amended MOTION for Admission Pro Hac Vice for Attorney Yulie Landan re 24 Order on Motion to Appear Pro Hac Vice by M.A.P.S.. (Pinon, Adriana) (Entered: 05/27/2025)

May 27, 2025

May 27, 2025

PACER
43

Amended MOTION for Admission Pro Hac Vice for Attorney Sirine Shebaya re 25 Order on Motion to Appear Pro Hac Vice by M.A.P.S.. (Pinon, Adriana) (Entered: 05/27/2025)

May 27, 2025

May 27, 2025

PACER
44

REPLY to Response to Motion, filed by M.A.P.S., re 34 MOTION for Preliminary Injunction filed by Petitioner M.A.P.S. (Pinon, Adriana) (Entered: 05/27/2025)

May 27, 2025

May 27, 2025

PACER
45

Response in Opposition to Motion, filed by M.A.P.S., re 40 Motion for leave to File Sealed Document filed by Respondent Angel Garite, Respondent U.S. Department of State, Respondent Rose Thompson, Respondent Mary De Anda-Ybarra, Respondent Pete Hegseth, Respondent Bobby Thompson, Respondent Miguel Vergara, Respondent U.S. Immigration and Customs Enforcement, Respondent Marco Rubio, Respondent Bret Bradford, Respondent Donald J. Trump, Respondent U.S. Department of Homeland Security, Respondent U.S. Department of Defense, Respondent Charlotte Collins, Respondent Murray Agnew, Respondent Todd Lyons, Respondent Pamela Bondi, Respondent Kristi Noem (Pinon, Adriana) (Entered: 05/27/2025)

May 27, 2025

May 27, 2025

PACER
46

NOTICE of Non-Objection by M.A.P.S. re 37 Order, Set Hearings (Pinon, Adriana) (Entered: 05/27/2025)

May 27, 2025

May 27, 2025

PACER
47

NOTICE of Attorney Appearance by Michael Velchik on behalf of Murray Agnew, Pamela Bondi, Bret Bradford, Charlotte Collins, Mary De Anda-Ybarra, Angel Garite, Pete Hegseth, Todd Lyons, Kristi Noem, Marco Rubio, Bobby Thompson, Rose Thompson, Donald J. Trump, U.S. Department of Defense, U.S. Department of Homeland Security, U.S. Department of State, U.S. Immigration and Customs Enforcement, Miguel Vergara. Attorney Michael Velchik added to party Murray Agnew(pty:res), Attorney Michael Velchik added to party Pamela Bondi(pty:res), Attorney Michael Velchik added to party Bret Bradford(pty:res), Attorney Michael Velchik added to party Charlotte Collins(pty:res), Attorney Michael Velchik added to party Mary De Anda-Ybarra(pty:res), Attorney Michael Velchik added to party Angel Garite(pty:res), Attorney Michael Velchik added to party Pete Hegseth(pty:res), Attorney Michael Velchik added to party Todd Lyons(pty:res), Attorney Michael Velchik added to party Kristi Noem(pty:res), Attorney Michael Velchik added to party Marco Rubio(pty:res), Attorney Michael Velchik added to party Bobby Thompson(pty:res), Attorney Michael Velchik added to party Rose Thompson(pty:res), Attorney Michael Velchik added to party Donald J. Trump(pty:res), Attorney Michael Velchik added to party U.S. Department of Defense(pty:res), Attorney Michael Velchik added to party U.S. Department of Homeland Security(pty:res), Attorney Michael Velchik added to party U.S. Department of State(pty:res), Attorney Michael Velchik added to party U.S. Immigration and Customs Enforcement(pty:res), Attorney Michael Velchik added to party Miguel Vergara(pty:res) (Velchik, Michael) (Entered: 05/28/2025)

May 28, 2025

May 28, 2025

PACER
48

SUPPLEMENT to Certificate of Service (ECF No. 40) by Murray Agnew, Pamela Bondi, Bret Bradford, Charlotte Collins, Mary De Anda-Ybarra, Angel Garite, Pete Hegseth, Todd Lyons, Kristi Noem, Marco Rubio, Bobby Thompson, Rose Thompson, Donald J. Trump, U.S. Department of Defense, U.S. Department of Homeland Security, U.S. Department of State, U.S. Immigration and Customs Enforcement, Miguel Vergara. (Cappelletti, Daniel) (Entered: 05/28/2025)

May 28, 2025

May 28, 2025

PACER
49

NOTICE of Objection by Murray Agnew, Pamela Bondi, Bret Bradford, Charlotte Collins, Mary De Anda-Ybarra, Angel Garite, Pete Hegseth, Todd Lyons, Kristi Noem, Marco Rubio, Bobby Thompson, Rose Thompson, Donald J. Trump, U.S. Department of Defense, U.S. Department of Homeland Security, U.S. Department of State, U.S. Immigration and Customs Enforcement, Miguel Vergara re 37 Order, Set Hearings (Cappelletti, Daniel) (Entered: 05/28/2025)

May 28, 2025

May 28, 2025

RECAP
50

ORDER GRANTING 41 Motion to Appear Pro Hac Vice for Attorney Jennifer Babaie for M.A.P.S. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. Registration is managed by the PACER Service Center Signed by Judge David Briones. (ll) (Entered: 05/28/2025)

May 28, 2025

May 28, 2025

RECAP
51

ORDER GRANTING 42 Motion Appear Pro Hac Vice for Attorney Yulie Landan for M.A.P.S. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. Registration is managed by the PACER Service Center Signed by Judge David Briones. (ll) (Entered: 05/28/2025)

May 28, 2025

May 28, 2025

RECAP
52

ORDER GRANTING 43 Motion to Appear Pro Hac Vice for Attorney Sirine Shebaya for M.A.P.S. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. Registration is managed by the PACER Service Center. Signed by Judge David Briones. (ll) (Entered: 05/28/2025)

May 28, 2025

May 28, 2025

PACER
53

ORDER DENYING 40 Motion for Leave to File Sealed Document. Signed by Judge David Briones. (ll) (Entered: 05/28/2025)

May 28, 2025

May 28, 2025

RECAP
54

EXHIBIT C by Murray Agnew, Pamela Bondi, Bret Bradford, Mary De Anda-Ybarra, Angel Garite, Todd Lyons, Kristi Noem, Marco Rubio, Bobby Thompson, Rose Thompson, Donald J. Trump, U.S. Department of Defense, U.S. Department of Homeland Security, U.S. Department of State, U.S. Immigration and Customs Enforcement, Miguel Vergara. (ll) (Entered: 05/28/2025)

May 28, 2025

May 28, 2025

RECAP

Deficiency Notice

May 28, 2025

May 28, 2025

PACER

DEFICIENCY NOTICE: Court will accept filing this time, but for future filings on sealed cases, service must be by other means re 40 Motion for leave to File Sealed Document (ll)

May 28, 2025

May 28, 2025

PACER
58

Minute Entry for proceedings held before Judge David Briones: Motion Hearing held on 5/29/2025. Memorandum Opinion and Order regarding the Motion for Preliminary Injunction is forthcoming. re 34 MOTION for Preliminary Injunction filed by M.A.P.S. (Minute entry documents are not available electronically.), SPANISH Language Interpreter required (E. Gallegos/ T. McEneny). (Court Reporter M.S. Briggs.)(ll) (Entered: 06/02/2025)

May 29, 2025

May 29, 2025

PACER
55

TRANSCRIPT REQUEST by M.A.P.S. for proceedings held on 5/29/2025. Proceedings Transcribed: Yes. Court Reporter: Maria Briggs. (Gelernt, Lee) **SENT TO M.S. BRIGGS ON 5/30/25** Modified on 5/30/2025 (bg2). (Entered: 05/30/2025)

May 30, 2025

May 30, 2025

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57

ORDER LIFTING DOCKET VIEWING RESTRICTIONS. Signed by Judge David Briones. (ll) (Entered: 06/02/2025)

May 30, 2025

May 30, 2025

RECAP
56

Transcript filed of Proceedings held on 5-29-2025, Proceedings Transcribed: Preliminary Injunction and Order to Show Cause. Court Reporter/Transcriber: Maria S. Briggs, Telephone number: 9158340568. Tape Number: msbriggs67@sbcglobal.net. Parties are notified of their duty to review the transcript to ensure compliance with the FRCP 5.2(a)/FRCrP 49.1(a). A copy may be purchased from the court reporter or viewed at the clerk's office public terminal. If redaction is necessary, a Notice of Redaction Request must be filed within 21 days. If no such Notice is filed, the transcript will be made available via PACER without redaction after 90 calendar days. The clerk will mail a copy of this notice to parties not electronically noticed Redaction Request due 6/23/2025, Redacted Transcript Deadline set for 7/3/2025, Release of Transcript Restriction set for 9/2/2025, (mb) (Entered: 06/02/2025)

June 2, 2025

June 2, 2025

PACER
59

MEMORANDUM OPINION AND ORDER Granting PETITION for Writ of Habeas Corpus (ECF No. 1) and MOTION for Preliminary Injunction (ECF No. 34). Signed by Judge David Briones. (ll) (Entered: 06/09/2025)

June 9, 2025

June 9, 2025

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60

FINAL JUDGMENT AND PERMANENT INJUNCTION in favor of Petitioner M.A.P.S. and members of the certified class against Respondents as to Murray Agnew, Pamela Bondi, Bret Bradford, Charlotte Collins, Mary De Anda-Ybarra, Angel Garite, Pete Hegseth, Todd Lyons, Kristi Noem, Marco Rubio, Bobby Thompson, Rose Thompson, U.S. Department of Defense, U.S. Department of Homeland Security, U.S. Department of State, U.S. Immigration and Customs Enforcement, Miguel Vergara. Signed by Judge David Briones. (ll) (Entered: 06/09/2025)

June 9, 2025

June 9, 2025

RECAP
61

Appeal of Final Judgment 60 by Murray Agnew, Pamela Bondi, Bret Bradford, Charlotte Collins, Mary De Anda-Ybarra, Angel Garite, Pete Hegseth, Todd Lyons, Kristi Noem, Marco Rubio, Bobby Thompson, Rose Thompson, Donald J. Trump, U.S. Department of Defense, U.S. Department of Homeland Security, U.S. Department of State, U.S. Immigration and Customs Enforcement, Miguel Vergara. No filing fee submitted (Cappelletti, Daniel) (Entered: 07/16/2025)

July 16, 2025

July 16, 2025

RECAP

Notice of Appeal

July 16, 2025

July 16, 2025

PACER

NOTICE OF APPEAL-FINAL JUDGMENT AND PERMANENT INJUNCTION following 61 Notice of Appeal (E-Filed), by Murray Agnew, Pamela Bondi, Bret Bradford, Charlotte Collins, Mary De Anda-Ybarra, Angel Garite, Pete Hegseth, Todd Lyons, Kristi Noem, Marco Rubio, Bobby Thompson, Rose Thompson, Donald J. Trump, U.S. Department of Defense, U.S. Department of Homeland Security, U.S. Department of State, U.S. Immigration and Customs Enforcement, Miguel Vergara. Per 5th Circuit rules, the appellant has 14 days, from the filing of the Notice of Appeal, to order the transcript. To order a transcript, the appellant should fill out a (Transcript Order) and follow the instructions set out on the form. This form is available in the Clerk's Office or by clicking the hyperlink above. (ll)

July 16, 2025

July 16, 2025

PACER

Appeal Record Sent to USCA

July 29, 2025

July 29, 2025

PACER

Certified and Transmitted Record on Appeal to US Court of Appeals, USCA # 25-50580 re Notice of Appeal. ***PENDING USCA ACCEPTANCE FOR ATTORNEY ACCESS.*** (ep1)

July 29, 2025

July 29, 2025

PACER
62

NOTICE of Service of Summons by M.A.P.S. (Attachments: # 1 Exhibit Declaration of Christopher Clay)(Pinon, Adriana) (Entered: 08/04/2025)

1 Exhibit Declaration of Christopher Clay

View on PACER

Aug. 4, 2025

Aug. 4, 2025

PACER

Case Details

State / Territory: Texas

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)

Trump Administration 2.0: Challenges to the Government (Alien Enemies Act)

Key Dates

Filing Date: May 10, 2025

Closing Date: June 9, 2025

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Venezualan noncitizen detained by ICE

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU Affiliates (any)

ACLU Immigrants' Rights Project

National Immigration Project of the NLG

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Pending

Defendants

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

Department of Homeland Security (- United States (national) -), Federal

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

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

Case Details

Causes of Action:

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

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

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

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)

Outcome

Prevailing Party: Unknown

Nature of Relief:

Injunction / Injunctive-like Settlement

Preliminary injunction / Temp. restraining order

Habeas relief

Source of Relief:

Litigation

Content of Injunction:

Preliminary relief granted

Issues

Immigration/Border:

Asylum - procedure

Deportation - judicial review

Deportation - procedure