Trump doesn't want 5th Circuit sharing Alien Enemies Act case with other appellate courts

Source: Law & Crime

Jul 17th, 2025, 2:29 pm


The Trump administration on Wednesday asked one appellate court to pause an Alien Enemies Act (AEA) case because another appellate court is already dealing with a similar case.

In a 9-page motion in abeyance, the U.S. Department of Justice asked the U.S. Court of Appeals for the Third Circuit to pause ongoing proceedings in a habeas corpus case brought by a Venezuelan man accused of being part of the transnational Tren de Aragua (TdA) gang.

The unusual request is premised on the idea that "the same issue" is currently being litigated before the U.S. Court of Appeals for the Fifth Circuit in a high-profile habeas corpus case brought by two Venezuelan nationals who are presently being detained in Texas.

"In this case, the issue on appeal is the notice required under the Alien Enemies Act, an issue that is duplicative of the notice issue before the Court of Appeals for the Fifth Circuit in expedited proceedings in W.M.M. v. Trump," the motion in abeyance argues. "To promote the efficient disposition of proceedings, this Court should exercise its inherent docket-management power to hold this appeal in abeyance pending the outcome of W.M.M."

Read more: https://lawandcrime.com/high-profile/exercise-its-inherent-docket-management-power-trump-doesnt-want-5th-circuit-sharing-alien-enemies-act-case-with-other-appellate-courts/