Judge James Boasberg / screen image
Judge James Boasberg made his next move in the Alien Enemies Act case on Tuesday after the Supreme Court vacated his orders.
In an unsigned order, the US Supreme Court on Monday vacated Judge Boasberg’s orders barring the Trump Administration’s removals of Venezuelan gang members under the Alien Enemies Act.
Last month, Judge Boasberg granted a temporary restraining order (TRO) to stop the Trump administration from deporting thousands of Venezuelan nationals believed to be members of Tren de Aragua (TdA) gang under the Alien Enemies Act.
Far-left America-hating leftist groups, such as the ACLU and Democracy Forward, rushed to a DC court in a desperate bid to shield dangerous illegal aliens from deportation.
The high court said Boasberg lacked jurisdiction.
The Supreme Court however, said the Administration must give reasonable notice for gang members to challenge their deportations in court.
Five Supreme court Justices, Roberts, Gorsuch, Kavanaugh, Thomas and Alito were in favor of vacating Boasberg’s orders.
The three liberal justices Kagan, Jackson and Sotomayor dissented – ‘conservative’ justice Amy Coney Barret dissented in part.
On Tuesday morning Boasberg canceled the scheduled hearing on the Alien Enemies Act, however, he gave the deported Venezuelan gang members another chance to pursue a preliminary injunction!
Boasberg seized on the Supreme Court’s position allowing the deported gang members to challenge their removal in court.
“In yesterday’s ruling vacating this Court’s TROs, the Supreme Court held that Plaintiffs cannot be deported under the Alien Enemies Act without an opportunity to challenge their removal in federal court. It also determined that the appropriate venue for such proceedings is the Southern District of Texas or wherever Plaintiffs are currently held,” Boasberg wrote.
Boasberg gave the plaintiffs until April 16 to file a notice if they wish to proceed on their motion for a preliminary injunction.
“This Court accordingly ORDERS that: 1) Today’s preliminary injunction hearing is VACATED; and 2) Plaintiffs shall file a Notice by April 16, 2025, indicating whether they believe that they still have a basis to proceed on their Motion for Preliminary Injunction in this Court and, if so, proposing a briefing schedule,” Boasberg said.
JUST IN: Judge Boasberg has canceled today’s hearing on the Alien Enemies Act, in light of the Supreme Court ruling, but he is asking the plaintiffs whether they see any other basis to pursue a preliminary injunction (seems unlikely). pic.twitter.com/Ju0puPvMnv
— Kyle Cheney (@kyledcheney) April 8, 2025
