Emergency application

Deportation without a hearing

A.A.R.P. v. Donald J. Trump, President of the United States

Granted

No. 24A1007Injunction applicationFiled by a private partyPresented to Justice AlitoFrom United States Court of Appeals for the Fifth Circuit

What did the Court do?

The Court granted the request on May 16, 2025 and ordered emergency relief (an injunction) while the case continues.

Emergency rulings are temporary and do not decide the underlying case. Justice Alito and Justice Thomas would have ruled the other way.

Filed April 18, 2025Ruled May 16, 202528 days after filing

What's being asked

Two detained Venezuelan men and a proposed group of other detainees ask the Court to block removals under President Trump's Alien Enemies Act proclamation. They say the Act does not authorize their removal under the proclamation and that summary removals without adequate notice violate due process.

What the Court did

The Court granted an injunction (a bar on removals), stopping the government from removing the named men and proposed class members under the Act. The Court agreed to hear the case (granted certiorari), wiped out the Fifth Circuit’s judgment (vacated it), and sent the case back (remanded it). Justice Kavanaugh agreed with the result for different reasons (concurred); Justices Alito and Thomas disagreed (dissented), and Thomas signed Alito's opinion.

Concurred in a separate opinion
Dissented
Wrote separately
Vote not published

Concurring · 1agreed with the result, wrote separately: Kavanaughwrote a concurrence
Dissenting · 2recorded against the Court's order: Thomasjoined Alito's writing
Alitowrote a dissent
Vote not published · 6the order does not say how they voted: Roberts
Sotomayor
Kagan
Gorsuch
Barrett
Jackson

The order records the positions of 3 of 9 justices. The Court usually does not say how each justice voted on an emergency application, so the rest are shown as not published.

Half of 300 rulings on applications decided without a response came 8 to 28 days after filing, and the median was 14 days; this one was ruled on 28 days after filing.

What it means

The order temporarily blocks removals while the Fifth Circuit acts and Supreme Court review proceeds; it does not decide who wins the underlying claims. The Fifth Circuit must address whether the Act authorizes removal and what notice is due. The Court agreed to hear the case as No. 24-1177; no argument date is listed.

Separate writings

Justice Alito, joined by Justice Thomas, dissenting
May 16, 2025
Read (PDF)
Justice Kavanaugh concurring
May 16, 2025
Read (PDF)

Sources

Facts on this page come from the Supreme Court docket, orders, and opinions for No. 24A1007. The answers restate that record in plain words; explainer copy is written from the record and the filings only.

Checked October 3, 2026

Docket timeline

FiledApr 18, 2025
Application (24A1007) for injunction, submitted to Justice Alito.
Application (PDF)Appendix (PDF)Proof of service (PDF)Document 4 (PDF)
Referred to the full CourtApr 18, 2025
Application (24A1007) referred to the Court.
ResponseApr 19, 2025
Response to application from respondents Donald J. Trump, et al. filed.
Response (PDF)Document 2 (PDF)Proof of service (PDF)
Docket entryApr 19, 2025
Justice Alito, with whom Justice Thomas joins, dissenting. (Detached <a href = 'https://www.supremecourt.gov/opinions/24pdf/24a1007_22p3.pdf'>Opinion</a>)
Docket entryApr 19, 2025
There is before the Court an application on behalf of a putative class of detainees seeking an injunction against their removal under the Alien Enemies Act. The matter is currently pending before the Fifth Circuit. Upon action by the Fifth Circuit, the Solicitor General is invited to file a response to the application before this Court as soon as possible. The Government is directed not to remove any member of the putative class of detainees from the United States until further order of this Court. See 28 U. S. C. §1651(a). Justice Thomas and Justice Alito dissent from the Court’s order. Statement from Justice Alito to follow.
Docket entryApr 19, 2025
Justice Alito, with whom Justice Thomas joins, dissenting.
Document 1 (PDF)
ReplyApr 21, 2025
Reply of applicants A.A.R.P., et al. filed.
Reply (PDF)Appendix (PDF)Proof of service (PDF)
Docket entryApr 23, 2025
Motion for Leave to File Supplemental Appendix Under Seal filed by applicant A.A.R.P., et al.
Document 1 (PDF)
Docket entryMay 11, 2025
Letter from applicants A.A.R.P., et al. notifying the Court of the District Court decision filed.
Document 1 (PDF)Document 2 (PDF)
Docket entryMay 12, 2025
Supplemental brief of respondents Donald J. Trump, et al. filed.
Document 1 (PDF)Proof of service (PDF)
Docket entryMay 14, 2025
Supplemental brief of applicants A.A.R.P., et al. filed.
Document 1 (PDF)Proof of service (PDF)
Docket entryMay 16, 2025
Motion for Leave to File Supplemental Appendix Under Seal GRANTED.
OrderMay 16, 2025
The application for an injunction pending further proceedings is granted. Additionally, applicants suggested this Court treat the application as a petition for a writ of certiorari; doing so, the petition is granted (case No. 24-1177). The judgment of the Fifth Circuit is vacated, and the case is remanded to the Fifth Circuit. In resolving the detainees’ appeal, the Fifth Circuit should address (1) all the normal preliminary injunction factors, including likelihood of success on the merits, as to the named plaintiffs’ underlying habeas claims that the AEA does not authorize their removal pursuant to the President’s March 14, 2025, Proclamation, and (2) the issue of what notice is due, as to the putative class’s due process claims against summary removal. The Government is enjoined from removing the named plaintiffs or putative class members in this action under the AEA pending order by the Fifth Circuit and disposition of the petition for a writ of certiorari, if such writ is timely sought. Should the petition for a writ of certiorari be denied, this order shall terminate automatically. In the event the petition for a writ of certiorari is granted, the order shall terminate upon the sending down of the judgment of this Court. Justice Kavanaugh, concurring (detached <a href = 'https://www.supremecourt.gov/opinions/24pdf/24a1007_g2bh.pdf'>opinion</a>). Justice Alito, with whom Justice Thomas joins, dissenting (detached <a href = 'https://www.supremecourt.gov/opinions/24pdf/24a1007_g2bh.pdf'>opinion</a>). (Detached <a href = 'https://www.supremecourt.gov/opinions/24pdf/24a1007_g2bh.pdf'>Opinion</a>)
28 days after filing
OrderMay 16, 2025
The application for an injunction pending further proceedings is granted. Additionally, applicants suggested this Court treat the application as a petition for a writ of certiorari; doing so, the petition is granted (case No. 24-1177). The judgment of the Fifth Circuit is vacated, and the case is remanded to the Fifth Circuit. In resolving the detainees’ appeal, the Fifth Circuit should address (1) all the normal preliminary injunction factors, including likelihood of success on the merits, as to the named plaintiffs’ underlying habeas claims that the AEA does not authorize their removal pursuant to the President’s March 14, 2025, Proclamation, and (2) the issue of what notice is due, as to the putative class’s due process claims against summary removal. The Government is enjoined from removing the named plaintiffs or putative class members in this action under the AEA pending order by the Fifth Circuit and disposition of the petition for a writ of certiorari, if such writ is timely sought. Should the petition for a writ of certiorari be denied, this order shall terminate automatically. In the event the petition for a writ of certiorari is granted, the order shall terminate upon the sending down of the judgment of this Court. Justice Kavanaugh, concurring. Justice Alito, with whom Justice Thomas joins, dissenting.
28 days after filing
Order (PDF)

The case below

Ruling under review: United States Court of Appeals for the Fifth Circuit, No. 25-10534
Filings: The application (PDF)Appendix with the lower-court ruling (PDF)