Summary
This Supreme Court per curiam opinion grants the Government's application to vacate temporary restraining orders that had halted the removal of certain Venezuelan nationals under the Alien Enemies Act. The Court holds that challenges to removal under the Act must be brought via habeas corpus petitions filed in the district of confinement, making the District of Columbia an improper venue. While affirming that detainees retain Fifth Amendment due process rights requiring notice and an opportunity for judicial review before removal, the Court mandates that such proceedings occur in the district where they are detained.
Topics
Practice areas
Questions Presented
- Whether venue for habeas challenges to removal under the Alien Enemies Act lies in the district of confinement of the detainee.
- Whether the temporary restraining orders are appealable as injunctions.
Holdings
- Venue lies in the district of confinement; therefore the District Court of Columbia lacks jurisdiction over the habeas challenges.
- The TROs are appealable injunctions and are vacated.
Key quotations
“It is well established that the Fifth Amendment entitles aliens to due process of law in the context of removal proceedings.” (at 673)
“The detainees are entitled to notice and opportunity to be heard appropriate to the nature of the case.” (at 672)
Factual background
President Trump invoked the Alien Enemies Act via Proclamation No. 10903 to designate certain Venezuelan nationals, members of Tren de Aragua, as alien enemies subject to detention and removal. Five detainees and a putative class obtained TROs from the District Court preventing their removal. The Government moved to vacate those TROs.
Procedural history
The District Court entered TROs preventing removal of five detainees and a certified class. The D.C. Circuit denied the Government's motion to stay the TROs. The Government then sought vacatur of the TROs from this Court.