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

[BumRushDaShow]

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/

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Full headline: 'Exercise its inherent docket-management power': Trump doesn't want 5th Circuit sharing Alien Enemies Act case with other appellate courts

Link to FILING (PDF viewer) - https://www.documentcloud.org/documents/26001468-asr-v-trump-abeyance/

Link to FILING (PDF) - https://s3.documentcloud.org/documents/26001468/asr-v-trump-abeyance.pdf

[Captain Zero]

1. Waiting for Bove?

Isn't Bove going on the 5th Circuit? He is.

So Trump is trying to run that court's docket and stick a horrible corrupt judge on it at the same time??

[FBaggins]

2. Bove is going to the 3rd

And he would theoretically break a tie at the en banc level - though this goes to a random panel of three judges before that could happen.

But the 5th Circuit leans farther right than any other IIRC

[BumRushDaShow]

3. Bove is going to the 3rd Circuit (here in PA)

and there was actually one lone judge in the 3rd Circuit that actually upheld the Alien Enemies Act but with the caveat that the person be allowed 21 days to appeal - https://www.democraticunderground.com/10143481515

I think all the rest of the courts (including district courts under the 5th Circuit) have disallowed use of the Aliens Enemies Act.

So apparently 45 wants to do a pressure campaign on the country's most conservative loon court to uphold the Act and have that one court here in the 3rd Circuit, sit on the case before having it move to the 3rd Circuit (which could potentially overturn that PA lower court finding as ridiculous), in order to let the 5th circuit cheat and handle it.

[onenote]

4. You might want to edit your post