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Docket for 24A1007
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No. 24A1007
Title:
A.A.R.P., et al., Applicants
v.
Donald J. Trump, President of the United States, et al.
Docketed:
April 18, 2025
Linked with:
24-1177
Lower Ct:
United States Court of Appeals for the Fifth Circuit
Case Numbers:
(25-10534)
Proceedings and Orders
Apr 18 2025
Application (24A1007) for injunction, submitted to Justice Alito.
Main Document
Lower Court Orders/Opinions
Proof of Service
Other
Apr 18 2025
Application (24A1007) referred to the Court.
Apr 19 2025
There is before the Court an application on behalf of a putative class of detainees seeking an injunction against their removal under the Alien Enemies Act. The matter is currently pending before the Fifth Circuit. Upon action by the Fifth Circuit, the Solicitor General is invited to file a response to the application before this Court as soon as possible. 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. See 28 U. S. C. §1651(a). Justice Thomas and Justice Alito dissent from the Court’s order. Statement from Justice Alito to follow.
Apr 19 2025
Justice Alito, with whom Justice Thomas joins, dissenting. (Detached
Opinion
)
Apr 19 2025
Response to application from respondents Donald J. Trump, et al. filed.
Main Document
Other
Proof of Service
Apr 21 2025
Reply of applicants A.A.R.P., et al. filed.
Reply
Reply
Proof of Service
Apr 23 2025
Motion for Leave to File Supplemental Appendix Under Seal filed by applicant A.A.R.P., et al.
Main Document
May 11 2025
Letter from applicants A.A.R.P., et al. notifying the Court of the District Court decision filed.
Main Document
Other
May 12 2025
Supplemental brief of respondents Donald J. Trump, et al. filed.
Main Document
Proof of Service
May 14 2025
Supplemental brief of applicants A.A.R.P., et al. filed.
Main Document
Proof of Service
May 16 2025
Motion for Leave to File Supplemental Appendix Under Seal GRANTED.
May 16 2025
The application for an injunction pending further proceedings is granted. Additionally, applicants suggested this Court treat the application as a petition for a writ of certiorari; doing so, the petition is granted (case No. 24-1177). The judgment of the Fifth Circuit is vacated, and the case is remanded to the Fifth Circuit. In resolving the detainees’ appeal, the Fifth Circuit should address (1) all the normal preliminary injunction factors, including likelihood of success on the merits, as to the named plaintiffs’ underlying habeas claims that the AEA does not authorize their removal pursuant to the President’s March 14, 2025, Proclamation, and (2) the issue of what notice is due, as to the putative class’s due process claims against summary removal. The Government is enjoined from removing the named plaintiffs or putative class members in this action under the AEA pending order by the Fifth Circuit and disposition of the petition for a writ of certiorari, if such writ is timely sought. Should the petition for a writ of certiorari be denied, this order shall terminate automatically. In the event the petition for a writ of certiorari is granted, the order shall terminate upon the sending down of the judgment of this Court. Justice Kavanaugh, concurring (detached
opinion
). Justice Alito, with whom Justice Thomas joins, dissenting (detached
opinion
). (Detached
Opinion
)
Attorneys
Attorneys for Petitioners
Lee Gelernt
Counsel of Record
American Civil Liberties Union
125 Broad St.
New York, NY 10004-2400
LGELERNT@ACLU.ORG
Ph: 2125492616
Party name: A.A.R.P., et al.
Attorneys for Respondents
D. John Sauer
Counsel of Record
Solicitor General
United States Department of Justice
950 Pennsylvania Avenue, NW
Washington, DC 20530-0001
SUPREMECTBRIEFS@USDOJ.GOV
Ph: 202-514-2217
Party name: Donald J. Trump, et al.
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