Filed Date: May 25, 2025
Closed Date: June 4, 2025
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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 25, 2025, a Hmong noncitizen filed this class complaint and petition for a writ of habeas corpus in the United States District Court for the Northern District of Texas, challenging his and others’ detention and threatened removal to Laos. The plaintiff sued President Trump, along with the U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement, U.S. Citizenship and Immigration Services, the U.S. Department of Justice, and the U.S. Executive Office for Immigration Review, asserting claims under the Administrative Procedure Act and the Fifth Amendment for violations of due process. Represented by private counsel, he sought a writ of habeas corpus, injunctive relief to halt his removal, and a declaratory judgment that the government's actions were unlawful. Judge Reed C. O’Connor was assigned to the case.
The plaintiff argued that his detention and threatened removal under the Alien Enemies Act violated the Fifth Amendment’s guarantee of due process. He contended that the statute, which authorizes the detention and deportation of nationals of enemy countries during times of war, had been improperly invoked against him without providing the procedural protections required under modern constitutional standards. He alleged that the government failed to provide adequate notice, a meaningful opportunity to be heard, or individualized findings justifying his detention or removal. He also asserted that the Alien Enemies Act could not override constitutional protections and that its application to noncitizens like him, who had longstanding ties to the United States and no current affiliation with a hostile nation, was arbitrary and unlawful.
On the same day he filed the complaint, the plaintiff filed a motion for emergency relief and a temporary restraining order seeking to enjoin defendants from removing him and others to Laos under the Alien Enemies Act. The following day, May 26, 2025, he filed a motion to certify a class of similarly situated individuals. Also on May 26, 2025, the court denied the initial TRO motion, finding the plaintiff had not shown a likelihood of success on the merits. The plaintiff renewed the TRO motion later that day.
On May 27, 2025, the court denied the renewed TRO and noted alleged jurisdictional defects in the plaintiff's case, directing a response. Subsequently, on May 30, 2025, the plaintiff filed an emergency motion to transfer venue to the U.S. District Court for the District of Guam. On June 4, 2025, the court denied the motion to transfer venue and dismissed the case with prejudice for lack of jurisdiction, concluding that the plaintiff’s claims were barred under 8 U.S.C. § 1252 and could not proceed under the Alien Enemies Act.
Summary Authors
Victoria Tan (7/13/2025)
For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/70366301/parties/xiong-v-trump/
O'Connor, Reed Charles (Texas)
Schroeder, Joshua Jonathan (Texas)
Stoltz-DOJ, Brian Walters (Texas)
See docket on RECAP: https://www.courtlistener.com/docket/70366301/xiong-v-trump/
Last updated Aug. 21, 2025, 3:39 p.m.
State / Territory: Texas
Case Type(s):
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 25, 2025
Closing Date: June 4, 2025
Case Ongoing: No
Plaintiffs
Plaintiff Description:
A Hmong national detained by U.S. immigration authorities
Plaintiff Type(s):
Public Interest Lawyer: No
Filed Pro Se: No
Class Action Sought: Yes
Class Action Outcome: Denied
Defendants
U.S. Department of Homeland Security (- United States (national) -), Federal
U.S. Immigration and Customs Enforcement (- United States (national) -), Federal
United States (- United States (national) -), Federal
U.S. Citizenship and Immigration Services ( (- United States (national) -), Federal
U.S. Department of Justice (- United States (national) -), Federal
Executive Office for Immigration Review (- United States (national) -), Federal
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
Constitutional Clause(s):
Due Process: Procedural Due Process
Special Case Type(s):
Available Documents:
Outcome
Prevailing Party: Defendant
Nature of Relief:
Source of Relief:
Issues
Immigration/Border: