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Arevalo Millan v. Trump

No. 5:25-cv-01207 District · Decided Active
Court
Federal Court
cacd
Judge
John W. Holcomb 45
Decided
Oct 21, 2025
Filed
May 17, 2025
Judge (CL)
John W. Holcomb 45
Filed (CL)
May 17, 2025
CL Status
terminated
Executive order authority habeas corpus procedural due process for aliens

Legal Issues

Executive order authorityhabeas corpusprocedural due process for aliens
The Law · How the Case Works

Overview

Overview

A Venezuelan man at risk of deportation under the March 2025 executive order, "Protecting the American People Against Invasion" filed a petition for a writ of habeas corpus.

The Issue

Issue

Whether the invocation of the Alien Enemies Act through the March 2025 executive order "Protecting the American People Against Invasion" authorized the detention and removal of a Venezuelan national. Whether such detention is subject to habeas corpus review.

The Rules

Rule

The Alien Enemies Act (50 U.S.C. § 21) authorizes the President to designate nationals of enemy nations as enemy aliens subject to detention and removal. Habeas corpus protections require that detention be authorized by law and that the government demonstrate lawful legal authority for the seizure.

The Application

Analysis

The petitioner, a Venezuelan national facing deportation under the executive order, sought habeas corpus relief. He challenged whether the Alien Enemies Act invocation provided lawful authority for his detention and whether Venezuela qualifies as an enemy nation under the statute.

The Conclusion

The habeas corpus petition was not decided on the merits. The court granted a preliminary injunction and denied the emergency habeas application without prejudice, then stayed the case on October 21, 2025 pending W.M.M. v. Trump in the Fifth Circuit. The matter is stayed and ongoing, not terminated on the merits, with the most recent status report filed July 21, 2026.

Court -
FiledMay 17, 2025
Judge John W. Holcomb 45
CL Statusterminated
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Docket

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Outcome History (5)

  1. Jun 2, 2025 District
    Preliminary injunction granted Temporary relief

    Preliminary injunction granted in part, restraining government from removing petitioner or putative class members under AEA or Proclamation No. 10903.

  2. Jun 20, 2025 District
    Dismissed Relief denied

    Petitioner's ex parte application for issuance of writ of habeas corpus denied without prejudice.

  3. Sep 2, 2025 District
    Class certification denied Neutral

    Petitioner's application for reconsideration and class certification denied.

  4. Oct 3, 2025 District
    TRO denied Relief denied

    Government's ex parte application to stay case and petitioner's ex parte application for permanent injunctive relief both denied.

  5. Oct 21, 2025 District
    Stay granted Neutral

    Proceedings stayed pending resolution of W.M.M. v. Trump in the Fifth Circuit.

Federal Court TMR-d09e9141 Alien Enemies Act Invocation Aug 23, 2026
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