'Denied': Appeals court cites Supreme Court in refusing to let Trump resume deportations under Alien Enemies Act

[BumRushDaShow]

Source: Law & Crime

Apr 30th, 2025, 10:50 am


A federal appeals court in Colorado has rejected an emergency request from the Trump administration seeking to stay a lower court ruling temporarily blocking the federal government from using an 18th-century wartime authority to fast-track the removal of Venezuelan migrants with limited notice and minimal, if any, due process.

A three-judge panel on the U.S. Court of Appeals for the 10th Circuit on Tuesday kept in place a temporary retraining order (TRO) issued on April 22 by U.S. District Judge Charlotte N. Sweeney barring deportations in Colorado under the Alien Enemies Act (AEA).

In a two-page order, the panel reasoned that the administration was not entitled to a stay of the TRO because it did not show that leaving the order in place was “likely” to cause the government to suffer “irreparable harm.”

“The government has not made such a showing in this case,” the panel wrote in the brief two-page opinion. “All members of the class are in federal custody. And given the important unresolved issues under the Alien Enemies Act and the ruling of the United States Supreme Court that no one in that proceeding be removed under the AEA until further order of that Court, there is no realistic possibility that the government could remove any member of the class from this country before final expiration of the TRO on May 6, 2025.” “Accordingly, the emergency motion for a stay is denied,” the order concluded.

Read more: https://lawandcrime.com/high-profile/denied-appeals-court-cites-supreme-court-in-refusing-to-let-trump-resume-deportations-under-alien-enemies-act/

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Link to ORDER (PDF) - https://s3.documentcloud.org/documents/25922645/dbuordca10042925.pdf

REFERENCE - https://www.democraticunderground.com/10143445648