Case: C.G. v. Noem

1:25-cv-00079 | U.S. District Court for the Northern District of Texas

Filed Date: May 15, 2025

Case Ongoing

Clearinghouse coding complete

Case Summary

This case challenged the detention and threatened removal of a Venezuelan asylum-seeker under the Trump administration’s March 2025 proclamation invoking the Alien Enemies Act (AEA), 50 U.S.C. § 21. On April 15, 2025, F.J.C.G. (a pseudonym), represented by the Children’s Legal Center, filed a habeas petition in the U.S. District Court for the Northern District of Illinois against Kristi Noem (Secretary of Homeland Security), Pamela Bondi (Attorney General), ICE Field Office Director Ladeon Fran…

This case challenged the detention and threatened removal of a Venezuelan asylum-seeker under the Trump administration’s March 2025 proclamation invoking the Alien Enemies Act (AEA), 50 U.S.C. § 21. On April 15, 2025, F.J.C.G. (a pseudonym), represented by the Children’s Legal Center, filed a habeas petition in the U.S. District Court for the Northern District of Illinois against Kristi Noem (Secretary of Homeland Security), Pamela Bondi (Attorney General), ICE Field Office Director Ladeon Francis, and Broadview Warden Michael J. Smith.

The case was initially assigned to Judge Robert W. Gettleman.

Petitioner, a Venezuelan national, entered the United States in 2022 and had pending applications for asylum and Temporary Protected Status. On March 21, ICE officers arrested him without a warrant at his home in Illinois, allegedly in violation of the Nava settlement governing ICE’s civil enforcement practices. He was transferred through multiple detention facilities and ultimately held at the Bluebonnet Detention Facility in Anson, Texas. While his removal proceedings remained pending before the Chicago Immigration Court—with no final removal order entered—he was allegedly subject to imminent deportation.

The habeas petition alleged that the detention and removal violated petitioner’s statutory and constitutional rights. Specifically, it asserted that ICE sought to remove him under the Alien Enemies Act and a March 15 presidential proclamation targeting Venezuelan nationals affiliated with the Tren de Aragua gang. The petition challenged the legality of removal prior to adjudication of the asylum case and argued that no statutory mechanism justified his removal in the absence of a final order. The petition alleged violations of the Fifth Amendment Due Process Clause, 8 U.S.C. § 1229a(b)(1)(B) (requiring a hearing and opportunity to examine evidence), and § 1229a(c)(1)(A) (limiting removal to post-hearing determinations).

On April 17, Judge Gettleman issued a temporary restraining order (TRO) barring removal of the petitioner from the United States and requiring notice of any designation as an “alien enemy” under the proclamation. The court extended the TRO on May 1, but on May 15, following confirmation that the petitioner was covered by a class-wide injunction issued by the Supreme Court in A.A.R.P. v. Trump, 145 S. Ct. 1034 (2025), the court vacated the TRO without prejudice. On the same day, the court ordered the case transferred to the Northern District of Texas, where the petitioner was confined.

Following transfer, the case was reassigned to Judge James Wesley Hendrix in the Northern District of Texas. On June 23, 2025, the court issued an order to show cause, directing the government to respond to the habeas petition by July 8, 2025, and the petitioner to reply by July 22. The court reserved decision on whether to hold a hearing. On July 28, 2025, the court granted the motion to stay proceedings pending appeal of W.M.M. v. Trump (1:25-cv-00059) in the Fifth Circuit. 

This case is ongoing.  

Summary Authors

Scott Shuchart (5/21/2025)

Brian Chen (7/17/2025)

Zainab Mustafa (9/15/2025)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/70275721/parties/fjcg-v-noem/


Expert/Monitor/Master/Other

Chicago, AUSA - (Texas)

Hoover, Laura J (Texas)

Kocheny, Brigitte T. (Texas)

Olivares, Efren Carlos (Texas)

Oswald, Craig Arthur (Texas)

Documents in the Clearinghouse

Documents in this case
1

1:25-cv-00079

Petition for Writ of Habeas Corpus

April 15, 2025

April 15, 2025

Complaint
20

1:25-cv-00079

Temporary Restraining Order

April 17, 2025

April 17, 2025

Order/Opinion
37

1:25-cv-00079

Order

May 15, 2025

May 15, 2025

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/70275721/fjcg-v-noem/

Last updated Aug. 23, 2026, 3:52 a.m.

Docket for: F.J.C.G. v. Noem
ECF Number Date Description Link
1 April 15, 2025

PETITION for writ of habeas corpus filed by F. J. C.G. against LaDeon Francis, KRISTI NOEM, Michael J Smith Filing fee $ 5, receipt number AILNDC-23353657. (Hoover, Laura) [Transferred from Illinois Northern on 5/15/2025.] (Entered: 04/15/2025)

Clearinghouse
2 April 15, 2025

ATTORNEY Appearance for Petitioner F. J. C.G. by Laura J Hoover (Hoover, Laura) [Transferred from Illinois Northern on 5/15/2025.] (Entered: 04/15/2025)

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3 April 15, 2025

ATTORNEY Appearance for Petitioner F. J. C.G. by Laura J Hoover (Hoover, Laura) [Transferred from Illinois Northern on 5/15/2025.] (Entered: 04/15/2025)

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4 April 15, 2025

CIVIL Cover Sheet (Hoover, Laura) [Transferred from Illinois Northern on 5/15/2025.] (Entered: 04/15/2025)

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5 April 15, 2025

SEALED MOTION by Petitioner F. J. C.G. (Hoover, Laura) [Transferred from Illinois Northern on 5/15/2025.] (Entered: 04/15/2025)

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6 April 16, 2025

MINUTE entry before the Honorable Robert W. Gettleman: Telephonic hearing set for 4/17/2025 at 10:00 a.m. on the Webex platform. Parties will not be asked to start their video. Counsel of record and other essential case participants will receive an email prior to the start of the hearing with instructions to join the hearing. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Emailed notice (cn). [Transferred from Illinois Northern on 5/15/2025.] (Entered: 04/16/2025)

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7 April 16, 2025

MOTION by Petitioner F. J. C.G. for temporary restraining order (Attachments: # 1 Supplement, # 2 Exhibit A-B)(Hoover, Laura) [Transferred from Illinois Northern on 5/15/2025.] (Entered: 04/16/2025)

1 Supplement

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2 Exhibit A-B

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16 April 16, 2025

SUMMONS Issued (Court Participant) as to Pamela Bondi, LaDeon Francis, Kristi Noem, Michael J Smith, U.S. Attorney, and U.S. Attorney General (Attachments: # 1 Summons Ladeon, # 2 Summons Michael, # 3 Summons Kristi)(txd, ) [Transferred from Illinois Northern on 5/15/2025.] (Entered: 04/16/2025)

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April 16, 2025

CASE ASSIGNED to the Honorable Robert W. Gettleman. Designated as Magistrate Judge the Honorable Heather K. McShain. Case assignment: Random assignment. (Civil Category 2). (txd, ) [Transferred from Illinois Northern on 5/15/2025.]

17 April 17, 2025

NOTICE of Motion by Laura J Hoover for presentment of petition for writ of habeas corpus 1, motion for temporary restraining order 7, Sealed motion 5 before Honorable Robert W. Gettleman on 4/17/2025 at 10:00 AM. (Hoover, Laura) [Transferred from Illinois Northern on 5/15/2025.] (Entered: 04/17/2025)

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18 April 17, 2025

NOTICE of Motion by Laura J Hoover for presentment of petition for writ of habeas corpus 1, motion for temporary restraining order 7, Sealed motion 5 before Honorable Robert W. Gettleman on 4/17/2025 at 10:00 AM. (Hoover, Laura) [Transferred from Illinois Northern on 5/15/2025.] (Entered: 04/17/2025)

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19 April 17, 2025

MINUTE entry before the Honorable Robert W. Gettleman: Telephonic hearing held on 4/17/2025. Petitioner's counsel stated she dropped off a copy of the complaint at the US Attorney's Office and emailed a copy to DHS and ICE. No defendant has appeared on the record and no defense counsel was on the hearing. Motion for Leave to Proceed Under a Pseudonym 5 is granted. For the reasons stated on the record, Petitioner's Emergency Motion for Temporary Restraining Order and Preliminary Injunction 7 is granted in part. Order to follow. Telephonic hearing set for 5/1/2025 at 9:30 a.m. Counsel is directed to file a brief status with the information discussed by 4/24/2025. Parties will not be asked to start their video. Counsel of record and other essential case participants will receive an email prior to the start of the hearing with instructions to join the hearing. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Emailed notice (cn). [Transferred from Illinois Northern on 5/15/2025.] (Entered: 04/17/2025)

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20 April 17, 2025

**VACATED per 37 Order**TEMPORARY Restraining Order signed by the Honorable Robert W. Gettleman on 4/17/2025. Emailed notice (cn). [Transferred from Illinois Northern on 5/15/2025.] Modified on 5/15/2025 (amg). (Entered: 04/17/2025)

Clearinghouse
21 April 18, 2025

DESIGNATION of Craig Arthur Oswald as U.S. Attorney for Defendants Kristi Noem, Ladeon Francis, Pamela Bondi, Michael J. Smith (Oswald, Craig) [Transferred from Illinois Northern on 5/15/2025.] (Entered: 04/18/2025)

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22 April 18, 2025

CERTIFICATE of Service by Laura J Hoover on behalf of F. J. C.G. (Hoover, Laura) [Transferred from Illinois Northern on 5/15/2025.] (Entered: 04/18/2025)

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23 April 18, 2025

CERTIFICATE of Service by Laura J Hoover on behalf of F. J. C.G. (Hoover, Laura) [Transferred from Illinois Northern on 5/15/2025.] (Entered: 04/18/2025)

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24 April 18, 2025

CERTIFICATE of Service by Laura J Hoover on behalf of F. J. C.G. (Hoover, Laura) [Transferred from Illinois Northern on 5/15/2025.] (Entered: 04/18/2025)

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25 April 18, 2025

CERTIFICATE of Service by Laura J Hoover on behalf of F. J. C.G. (Hoover, Laura) [Transferred from Illinois Northern on 5/15/2025.] (Entered: 04/18/2025)

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26 April 24, 2025

CERTIFICATE of Service by Laura J Hoover on behalf of F. J. C.G. (Hoover, Laura) [Transferred from Illinois Northern on 5/15/2025.] (Entered: 04/24/2025)

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27 April 24, 2025

CERTIFICATE of Service by Laura J Hoover on behalf of F. J. C.G. (Hoover, Laura) [Transferred from Illinois Northern on 5/15/2025.] (Entered: 04/24/2025)

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28 April 24, 2025

CERTIFICATE of Service by Laura J Hoover on behalf of F. J. C.G. (Hoover, Laura) [Transferred from Illinois Northern on 5/15/2025.] (Entered: 04/24/2025)

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29 April 24, 2025

CERTIFICATE of Service by Laura J Hoover on behalf of F. J. C.G. (Hoover, Laura) [Transferred from Illinois Northern on 5/15/2025.] (Entered: 04/24/2025)

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30 April 24, 2025

CERTIFICATE of Service by Laura J Hoover on behalf of F. J. C.G. (Hoover, Laura) [Transferred from Illinois Northern on 5/15/2025.] (Entered: 04/24/2025)

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31 April 24, 2025

CERTIFICATE of Service by Laura J Hoover on behalf of F. J. C.G. (Hoover, Laura) [Transferred from Illinois Northern on 5/15/2025.] (Entered: 04/24/2025)

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32 April 24, 2025

CERTIFICATE of Service by Laura J Hoover on behalf of F. J. C.G. (Hoover, Laura) [Transferred from Illinois Northern on 5/15/2025.] (Entered: 04/24/2025)

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33 April 29, 2025

STATUS Report by F. J. C.G. (Hoover, Laura) [Transferred from Illinois Northern on 5/15/2025.] (Entered: 04/29/2025)

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34 May 1, 2025

MINUTE entry before the Honorable Robert W. Gettleman: Telephonic hearing held on 5/1/2025. The Government is directed to respond to the TRO, and address the court's jurisdiction over this matter by 5/13/2025. The court extends the TRO entered on 4/17/2025 20 to 5/15/2025. Telephonic hearing set for 5/15/2025 at 9:30 a.m. on the Webex platform. Parties will not be asked to start their video. Counsel of record and other essential case participants will receive an email prior to the start of the hearing with instructions to join the hearing. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Emailed notice (cn). [Transferred from Illinois Northern on 5/15/2025.] (Entered: 05/01/2025)

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35 May 1, 2025

DESIGNATION of Joshua Samuel Press as U.S. Attorney for Defendants Pamela Bondi, Ladeon Francis, Kristi Noem, Michael J. Smith (Press, Joshua) [Transferred from Illinois Northern on 5/15/2025.] (Entered: 05/01/2025)

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36 May 13, 2025

RESPONSE by Defendants Pamela Bondi, Ladeon Francis, Kristi Noem, Michael J. Smith, Respondents Pamela Bondi, LaDeon Francis, Kristi Noem, Michael J Smith to telephone conference,,,, set/reset hearings,,, 34 (Attachments: # 1 Declaration of Kevin Taylor Jr.)(Press, Joshua) [Transferred from Illinois Northern on 5/15/2025.] (Entered: 05/13/2025)

1 Declaration of Kevin Taylor Jr.

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37 May 15, 2025

ORDER: Telephonic hearing held on 5/15/2025. By the agreement of the parties, the Clerk is directed to substitute Joshua Johnson, ICE Dallas Acting Field Director, and Marcello Villegas, Warden of the Bluebonnet Detention Facility (Center), in for Respondents Michael J. Smith and Ladeon Francis in this matter. By further agreement of the parties, under 28 U.S.C. § 1631, the Clerk is directed to transfer this case to the United States District Court for the Northern District of Texas forthwith. It is further ordered that the Temporary Restraining Order that this court entered on April 17, 2025 20, and further extended on May 1, 2025 34, is vacated without prejudice based on Respondents' agreement that Petitioner is covered by the Order of the Supreme Court of the United States in A.A.R.P. v. Trump, 145 S. Ct. 1034 (2025) ("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."). Signed by the Honorable Robert W. Gettleman on 5/15/2025: Mailed notice (daj, ) [Transferred from Illinois Northern on 5/15/2025.] (Entered: 05/15/2025)

Clearinghouse
38 May 15, 2025

TRANSFERRED to the Northern District of Texas the electronic record. (daj, ) [Transferred from Illinois Northern on 5/15/2025.] (Entered: 05/15/2025)

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39 May 15, 2025

Case electronically transferred in from District of Illinois Northern; Case Number 1:25-cv-04107. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas should 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. Copy of NEF to be sent US Mail to parties not electronically noticed. (Entered: 05/15/2025)

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40 May 15, 2025

New Case Notes: A filing fee has been paid. No prior sanctions found. (For court use only - links to the national and circuit indexes.) (amg) (Entered: 05/15/2025)

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41 May 16, 2025

NOTICE of Attorney Appearance by Nancy Naseem Safavi on behalf of Pamela Bondi, Joshua Johnson, Kristi Noem, Marcello Villegas. (Filer confirms contact info in ECF is current.) (Safavi, Nancy) (Entered: 05/16/2025)

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42 May 28, 2025

NOTICE of Attorney Appearance by Efren Carlos Olivares on behalf of F. J. C.G.. (Filer confirms contact info in ECF is current.) (Olivares, Efren) (Entered: 05/28/2025)

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43 May 29, 2025

MOTION Appear without local counsel filed by F. J. C.G. with Brief/Memorandum in Support. (Attachments: # 1 Memorandum of Support, # 2 Proposed Order Proposed Order) (Olivares, Efren) (Entered: 05/29/2025)

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44 June 3, 2025

Application for Admission Pro Hac Vice with Certificate of Good Standing for Attorney Laura Smith (Filing fee $100; Receipt number ATXNDC-15547511) filed by F. J. C.G. (Attachments: # 1 Exhibit(s) 1. Certificate of Good Standing) (Olivares, Efren) (Entered: 06/03/2025)

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45 June 3, 2025

Application for Admission Pro Hac Vice with Certificate of Good Standing for Attorney Brigitte T. Nuss Kocheny (Filing fee $100; Receipt number ATXNDC-15548611) filed by F. J. C.G. (Attachments: # 1 Exhibit(s) Certificate of Good Standing) (Olivares, Efren) (Entered: 06/03/2025)

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46 June 9, 2025

ORDER. Before the Court is Efren C. Olivares's unopposed motion to waive the local counsel requirements set forth in Local Civil Rule 83.10. Dkt. No. 43 . For the reasons stated in the motion, the motion is granted. Also before the Court are Laura J. Smith's and Brigitte T. Nuss Kocheny's Applications for Admission Pro Hac Vice. Dkt. Nos. 44 ; 45 . The applications are granted. The Clerk of Court shall deposit the admission fees to the account of the Non-Appropriated Fund of this Court. If Smith and Kocheny have not already done so, they must register as ECF users within 14 days. (Ordered by Judge James Wesley Hendrix on 6/9/2025) (skh) (Entered: 06/09/2025)

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47 June 20, 2025

MOTION for Order to Show Cause filed by F.J.C.G. (Attachments: # 1 Declaration(s), # 2 Declaration(s), # 3 Declaration(s), # 4 Additional Page(s), # 5 Proposed Order) (Smith, Laura) (Entered: 06/20/2025)

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48 June 23, 2025

ORDER TO SHOW CAUSE. The Court finds good cause to give the respondents 14 days to respond to this show-cause order. See 28 U.S.C. § 2243. Therefore, the respondents are ordered to file an answer to the petition by no later than July 8, 2025. The respondents also may file any other relevant motions by that deadline. The petitioner may file a reply to the respondents answer by no later than July 22, 2025. Service of this Order shall be made by the petitioner on the United States Attorney for the Northern District of Texas by 5:00 p.m. CT on June 24, 2025, which shall constitute good and sufficient service. (Ordered by Judge James Wesley Hendrix on 6/23/2025) (skh) (Entered: 06/23/2025)

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49 July 8, 2025

MOTION to Stay Proceedings Pending Appeal of WMM filed by Pamela Bondi, Joshua Johnson, Kristi Noem, Marcello Villegas (Safavi, Nancy) (Entered: 07/08/2025)

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50 July 22, 2025

RESPONSE filed by F.J.C.G. re: 49 MOTION to Stay Proceedings Pending Appeal of WMM (Smith, Laura) (Entered: 07/22/2025)

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51 July 28, 2025

ORDER. The respondents' motion (dkt. No. 49 ) is granted, and this case is stayed pending the outcome of the appeal of W.M.M. at the Fifth Circuit. See Fifth Cir. No. 25-10534. (Ordered by Judge James Wesley Hendrix on 7/28/2025) (skh) (Entered: 07/28/2025)

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52 Sept. 3, 2025

MOTION Lift Stay filed by F.J.C.G. (Smith, Laura) (Entered: 09/03/2025)

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53 Sept. 23, 2025

RESPONSE AND OBJECTION filed by Pamela Bondi, Joshua Johnson, Kristi Noem, Marcello Villegas re: 52 MOTION Lift Stay (Safavi, Nancy) (Entered: 09/23/2025)

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54 Sept. 24, 2025

REPLY filed by F.J.C.G. re: 52 MOTION Lift Stay (Smith, Laura) (Entered: 09/24/2025)

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55 Oct. 1, 2025

ORDER denying 52 Motion to Lift Stay. For the reasons herein, the Court denies the motion. The Court will therefore continue to stay these proceedings until the Fifth Circuit issues a final disposition W.M.M., et al. v. Trump, et al., Fifth Cir. No. 25-10534, which will occur when the mandate issues. (Ordered by Judge James Wesley Hendrix on 10/1/2025) (amg) (Entered: 10/01/2025)

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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

Key Dates

Filing Date: May 15, 2025

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Venezuelan noncitizen with pending asylum application

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Federal

Department of Homeland Security

U.S. Immigration and Customs Enforcement

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

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:

Northern District of Texas 1:25-cv-00079

Special Case Type(s):

Habeas

Available Documents:

Any published opinion

Complaint (any)

Trial Court Docket

Outcome

Prevailing Party: None Yet / None

Relief Sought:

Declaratory judgment

Habeas

Relief Granted:

Preliminary injunction / Temp. restraining order

Source of Relief:

Litigation

Content of Injunction:

Preliminary relief granted

Preliminary relief request withdrawn/mooted

Removal/deportation barred

Issues

Immigration/Border:

Deportation - judicial review

Deportation - procedure

Detention - criteria

Detention - procedures

Recommended Citation