Filed Date: May 9, 2025
Closed Date: May 27, 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 9, 2025, a Venezuelan national, Widmer Josneyder Agelviz‑Sanguino filed this petition for a writ of habeas corpus in the United States District Court for the Southern District of Texas (Houston Division). The petitioner sued Kristi Noem, Secretary of the Department of Homeland Security (DHS); Todd Lyons, Acting Director of U.S. Immigration and Customs Enforcement (ICE); and Kenneth Genalo, Acting Executive Associate Director of ICE Enforcement and Removal Operations, all in their official capacities. The case was assigned to Chief Judge Keith P. Ellison.
The petition challenged the petitioner’s detention and removal under the Alien Enemies Act, alleging that he was detained solely based on his alleged membership in an enemy organization called “Tren de Aragua” without due process. It asserted violations of the Fifth Amendment, claiming the Act, as applied, permitted removal without a meaningful opportunity to rebut the government’s allegations. The petitioner, who entered the U.S. in September 2024 through a refugee program, was reportedly identified as a member of the group based on tattoos. Represented by private counsel, he sought immediate release and adjudication of his habeas claims.
On May 19, 2025, the court held an emergency hearing on the petitioner’s motion for a temporary stay of removal. The petitioner argued that removal was imminent and would irreparably harm his ability to litigate his constitutional claims. The government opposed the motion, asserting national security grounds and the discretionary nature of the Alien Enemies Act. That same day, Judge Ellison granted a temporary stay of removal while the petition was pending. 2025 WL 143146.
On May 23, 2025, the government appealed the stay order to the Fifth Circuit, arguing that the district court lacked jurisdiction to enjoin removal under the Alien Enemies Act and that the stay interfered with the executive’s authority in national security matters. That same day, the Fifth Circuit granted the government’s administrative stay pending appeal. However, also on May 23, the district court dismissed all named respondents, effectively ending the case. As a result, on May 27, 2025, the Fifth Circuit dismissed the government’s appeal without prejudice, citing the dismissal of the district court action.
Summary Authors
Victoria Tan (7/10/2025)
For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/70238950/parties/agelviz-sanguino-v-noem/
Ellison, Keith P. (Texas)
Figueroa, Angel Gustavo (Texas)
Rivera, Roberto Javier (Texas)
Attorney, Jimmy Anthony
Rivera, Javier
See docket on RECAP: https://www.courtlistener.com/docket/70238950/agelviz-sanguino-v-noem/
Last updated Aug. 21, 2025, 2:31 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 9, 2025
Closing Date: May 27, 2025
Case Ongoing: No
Plaintiffs
Plaintiff Description:
A Venezuelan national who entered the United States through a refugee program in September 2024
Plaintiff Type(s):
Public Interest Lawyer: Yes
Filed Pro Se: No
Class Action Sought: No
Class Action Outcome: Not sought
Defendants
U.S. Immigration and Customs Enforcement (- United States (national) -), Federal
U.S. Department of Homeland Security (- United States (national) -), Federal
U.S. Immigration and Customs Enforcement (- United States (national) -), Federal
Case Details
Causes of Action:
Habeas Corpus, 28 U.S.C. §§ 2241-2253; 2254; 2255
Constitutional Clause(s):
Due Process: Procedural Due Process
Special Case Type(s):
Sealed or access restricted under F.R.C.P. 5.2
Available Documents:
Outcome
Prevailing Party: None Yet / None
Nature of Relief:
Preliminary injunction / Temp. restraining order
Source of Relief:
Content of Injunction:
Release from detention/imprisonment
Issues
Immigration/Border: