Case: Xiong v. Trump

4:25-cv-00558 | U.S. District Court for the Northern District of Texas

Filed Date: May 25, 2025

Closed Date: June 4, 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 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. Dep…

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)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/70366301/parties/xiong-v-trump/


Judge(s)

O'Connor, Reed Charles (Texas)

Expert/Monitor/Master/Other

Schroeder, Joshua Jonathan (Texas)

Stoltz-DOJ, Brian Walters (Texas)

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Documents in the Clearinghouse

Document
14

4:25-cv-00558

Order

May 26, 2025

May 26, 2025

Order/Opinion
19

4:25-cv-00558

Order

May 27, 2025

May 27, 2025

Order/Opinion
26

4:25-cv-00558

Order

June 4, 2025

June 4, 2025

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/70366301/xiong-v-trump/

Last updated July 18, 2025, 12:14 p.m.

ECF Number Description Date Link Date / Link
1

PETITION for Writ of Habeas Corpus filed by V.L., Nou Xiong. In each Notice of Electronic Filing, the judge assignment is indicated, and a link to the Judges Copy Requirements is provided. The court reminds the filer that any required copy of this and future documents must be delivered to the judge, in the manner prescribed, within three business days of filing. (Filing fee $5; receipt number ATXNDC-15526868) Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must 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. (Attachments: # 1 Cover Sheet) (Schroeder, Joshua) (Entered: 05/25/2025)

May 25, 2025

May 25, 2025

PACER
2

ORDER re: requested emergency relief. See order for details. (Ordered by Judge Reed C. O'Connor on 5/25/2025) (Judge Reed C. O'Connor) (Main Document 2 replaced with flattened pdf on 5/27/2025) (bdb). (Entered: 05/25/2025)

May 25, 2025

May 25, 2025

PACER
3

MOTION for Temporary Restraining Order filed by V.L., Nou Xiong with Brief/Memorandum in Support. (Attachments: # 1 Additional Page(s), # 2 Declaration(s), # 3 Proposed Order) (Schroeder, Joshua) (Entered: 05/25/2025)

May 25, 2025

May 25, 2025

PACER
4

NOTICE of Notice Given to USA of Dallas re: 2 Order filed by V.L., Nou Xiong (Schroeder, Joshua) (Entered: 05/26/2025)

May 26, 2025

May 26, 2025

PACER
5

MOTION to Certify Class filed by V.L., Nou Xiong with Brief/Memorandum in Support. (Attachments: # 1 Additional Page(s), # 2 Declaration(s), # 3 Proposed Order) (Schroeder, Joshua) (Entered: 05/26/2025)

May 26, 2025

May 26, 2025

PACER
6

NOTICE of re: 4 Notice (Other), 5 MOTION to Certify Class, 2 Order, 3 MOTION for Temporary Restraining Order filed by V.L., Nou Xiong (Attachments: # 1 Additional Page(s) EMERGENCY, # 2 Declaration(s) EMERGENCY, # 3 Exhibit(s) EMERGENCY) (Schroeder, Joshua) (Entered: 05/26/2025)

May 26, 2025

May 26, 2025

PACER
7

ORDER: To expedite resolution of the contested issues, the Court sets an in-person hearing on Tuesday, May 27, 2025, at 2:00 PM to discuss the pending Motions and status of the case. (Ordered by Judge Reed C. O'Connor on 5/26/2025) (chmb) (Entered: 05/26/2025)

May 26, 2025

May 26, 2025

RECAP

Hearing/Deadline Modification: Deadlines/hearings set and reset per 7 Order on Motion for TRO. Motion Hearing set for 5/27/2025 at 2:00 PM in US Courthouse, Courtroom 2nd Floor, 501 W. 10th St. Fort Worth, TX 76102-3673 before Judge Reed C. O'Connor. (chmb)

May 26, 2025

May 26, 2025

PACER
8

NOTICE of Notice Given to USA of Dallas re: Modify Hearings/Deadlines, filed by V.L., Nou Xiong (Schroeder, Joshua) (Entered: 05/26/2025)

May 26, 2025

May 26, 2025

PACER
9

NOTICE of EMERGENCY EXHIBIT A re: 6 Notice (Other), 2 Order, Modify Hearings/Deadlines, 3 MOTION for Temporary Restraining Order filed by V.L., Nou Xiong (Schroeder, Joshua) (Entered: 05/26/2025)

May 26, 2025

May 26, 2025

PACER
10

NOTICE of Attorney Appearance by Brian Walters Stoltz-DOJ on behalf of Pamela Bondi, Pete Hegseth, Jimmy Johnson, Josh Johnson, Todd Lyons, Kristi Noem, Marco Rubio, 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, Marcello Villegas. (Filer confirms contact info in ECF is current.) (Stoltz-DOJ, Brian) (Entered: 05/26/2025)

May 26, 2025

May 26, 2025

PACER
11

NOTICE of Emergency Request for Phone Conference and Clarification of Temporary Restraining Order filed by Pamela Bondi, Pete Hegseth, Jimmy Johnson, Josh Johnson, Todd Lyons, Kristi Noem, Marco Rubio, 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, Marcello Villegas (Stoltz-DOJ, Brian) (Entered: 05/26/2025)

May 26, 2025

May 26, 2025

PACER
12

MOTION re 5 MOTION to Certify Class, 6 Notice (Other), 2 Order, 9 Notice (Other), 1 Petition for Writ of Habeas Corpus,,,, 3 MOTION for Temporary Restraining Order filed by V.L., Nou Xiong (Schroeder, Joshua) (Entered: 05/26/2025)

May 26, 2025

May 26, 2025

PACER
13

RESPONSE AND OBJECTION filed by V.L., Nou Xiong re: 11 Notice (Other), (Schroeder, Joshua) (Entered: 05/26/2025)

May 26, 2025

May 26, 2025

PACER
14

ORDER: Because Petitioner fails to carry his burden to demonstrate a substantial likelihood of success on the merits, the Court DENIES Petitioner's Motion for a TRO. The hearing scheduled for May 27, 2025, is CANCELLED. (Ordered by Judge Reed C. O'Connor on 5/26/2025) (chmb) (Entered: 05/26/2025)

May 26, 2025

May 26, 2025

Clearinghouse
15

Emergency MOTION for Temporary Restraining Order Renewed filed by V.L., Nou Xiong (Schroeder, Joshua) (Entered: 05/26/2025)

May 26, 2025

May 26, 2025

PACER
16

New Case Notes: A filing fee has been paid. No prior sanctions found. (For court use only - links to the national and circuit indexes.) File to: appropriate staff attorney. Pursuant to Misc. Order 6, Plaintiff is provided the Notice of Right to Consent to Proceed Before A U.S. Magistrate Judge. Clerk to provide copy to plaintiff if not received electronically. Attorneys are further reminded that, if necessary, they must comply with Local Rule 83.10(a) within 14 days or risk the possible dismissal of this case without prejudice or without further notice. (bdb) (Entered: 05/27/2025)

May 27, 2025

May 27, 2025

PACER
17

ORDER: Before the Court is Petitioner's Renewed Emergency Application for a Temporary Restraining Order (ECF No. 15 ), filed May 26, 2025. The Court DIRECTS Respondents to respond to Petitioner's Motion (ECF No. 15 ) by no later than 3 PM on Tuesday, May 27, 2025. (Ordered by Judge Reed C. O'Connor on 5/27/2025) (jnp) (Entered: 05/27/2025)

May 27, 2025

May 27, 2025

RECAP
18

RESPONSE filed by Pamela Bondi, DOES 1-10 4:25-cv-558, Pete Hegseth, Jimmy Johnson, Josh Johnson, Todd Lyons, Kristi Noem, Marco Rubio, 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, Marcello Villegas re: 15 Emergency MOTION for Temporary Restraining Order Renewed (Stoltz-DOJ, Brian) (Entered: 05/27/2025)

May 27, 2025

May 27, 2025

PACER
19

ORDER: Petitioner's renewed TRO (ECF No. 15 ) is hereby DENIED. Petitioner is hereby DIRECTED to respond to Respondents' alleged jurisdictional defects by no later than June 3, 2025. (Ordered by Judge Reed C. O'Connor on 5/27/2025) (jnp) (Entered: 05/27/2025)

May 27, 2025

May 27, 2025

Clearinghouse
20

Emergency MOTION to Transfer Case out of District/Division filed by V.L., Nou Xiong with Brief/Memorandum in Support. (Attachments: # 1 Additional Page(s), # 2 Declaration(s), # 3 Proposed Order) (Schroeder, Joshua) (Entered: 05/28/2025)

May 28, 2025

May 28, 2025

PACER
21

ORDER: Before the Court is Petitioner's Emergency Motion to Transfer Venue (ECF No. 20 ), filed May 28, 2025. The Court DIRECTS Respondents to respond to Petitioners Motion (ECF No. 20 ) by no later than 5 PM on Thursday, May 29, 2025. (Ordered by Judge Reed C. O'Connor on 5/28/2025) (sre) (Entered: 05/28/2025)

May 28, 2025

May 28, 2025

PACER
22

RESPONSE filed by Pamela Bondi, DOES 1-10 4:25-cv-558, Pete Hegseth, Jimmy Johnson, Josh Johnson, Todd Lyons, Kristi Noem, Marco Rubio, 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, Marcello Villegas re: 20 Emergency MOTION to Transfer Case out of District/Division (Stoltz-DOJ, Brian) (Entered: 05/29/2025)

May 29, 2025

May 29, 2025

PACER
23

ORDER deferring ruling on 20 Motion to Transfer Case out of District/Division The Court DIRECTS Petitioner to file a Reply by no later than Monday, June 2, 2025. (Ordered by Judge Reed C. O'Connor on 5/29/2025) (chmb) (Entered: 05/29/2025)

May 29, 2025

May 29, 2025

RECAP
24

REPLY filed by V.L., Nou Xiong re: 20 Emergency MOTION to Transfer Case out of District/Division (Schroeder, Joshua) (Entered: 05/30/2025)

May 30, 2025

May 30, 2025

PACER
25

RESPONSE filed by V.L., Nou Xiong re: 19 Order on Motion for TRO, (Schroeder, Joshua) (Entered: 06/03/2025)

June 3, 2025

June 3, 2025

PACER
26

ORDER denying 20 Motion to Transfer Case out of District/Division, Dismissing case for lack of jurisdiction. (Ordered by Judge Reed C. O'Connor on 6/4/2025) (Judge Reed C. O'Connor) (Entered: 06/04/2025)

June 4, 2025

June 4, 2025

RECAP

Civil Case Terminated per 26 and DJ Chambers. (sre)

June 4, 2025

June 4, 2025

PACER

Case Details