Summary
The Supreme Court granted certiorari and temporary injunctive relief in a case challenging the President's use of the Alien Enemies Act to remove Venezuelan nationals identified as members of Tren de Aragua. The Court held that the Fifth Circuit erred in dismissing the appeal for lack of jurisdiction, finding that the District Court's prolonged inaction constructively denied injunctive relief. It further ruled that the detainees are entitled to constitutionally adequate notice prior to removal to allow them to seek habeas relief, remanding the case for further proceedings.
Topics
Practice areas
Questions Presented
- Whether appellate courts have jurisdiction to review a district court's inaction that has the practical effect of refusing an injunction (interlocutory appeal).
- Whether detainees are entitled to constitutionally adequate notice before removal under the Alien Enemies Act, consistent with the Fifth Amendment due‑process requirement.
Holdings
- Appellate courts have jurisdiction to review interlocutory orders that have the practical effect of refusing an injunction; the Fifth Circuit erred in dismissing the appeal for lack of jurisdiction.
- Detainees must receive notice that is reasonably calculated to inform them and provides a reasonable time to respond; the 24‑hour notice without information on how to seek habeas relief does not satisfy due‑process requirements.
Key quotations
“Appellate courts have jurisdiction to review interlocutory orders that have “the practical effect of refusing an injunction.”” (94)
“The Fifth Amendment entitles aliens to due process of law in the context of removal proceedings.” (95)
Factual background
The President invoked the Alien Enemies Act to remove Venezuelan nationals who are members of the designated terrorist organization Tren de Aragua. Two detainees and a putative class of similarly situated detainees in the Northern District of Texas faced imminent removal. The district court denied their motion for a temporary restraining order and, after a 14‑hour inaction, the Fifth Circuit dismissed their appeal for lack of jurisdiction.
Procedural history
The district court denied a temporary restraining order and, after a 14‑hour delay, failed to act on the applicants' emergency motion. The Fifth Circuit dismissed the appeal for lack of jurisdiction. The Supreme Court treated the appeal as a petition for certiorari and granted both certiorari and temporary injunctive relief, vacating the Fifth Circuit judgment and remanding.
Remand instructions
The Fifth Circuit shall address the preliminary injunction factors, determine the precise notice required under the Fifth Amendment for the putative class, and consider whether class certification is appropriate.