Judge bars man's deportation under Alien Enemies Act
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President Donald Trump smiles as he speaks in the Oval Office of the White House, Tuesday, May 20, 2025, in Washington (AP Photo/Alex Brandon).

The U.S. Court of Appeals for the Fifth Circuit temporarily halted a lower court’s directive on Friday. This directive demanded that the government disclose key information concerning its connections with El Salvadoran authorities regarding deportations under the Alien Enemies Act (AEA).

That win for the Trump administration could now be the final word in the case – as notices of dismissal soon followed the ruling.

In a succinct one-page order, a panel of three judges issued an administrative stay “pending appeal.” This decision effectively blocked two distinct orders for disclosure set forth earlier in the week by U.S. District Judge Keith P. Ellison, who was appointed by Bill Clinton.

On Thursday, U.S. Attorney General Pam Bondi submitted sealed motions to both the district court and the court of appeals. These motions contained confidential arguments advocating for the postponement of the lower court’s orders. The case involves a habeas corpus petition filed on behalf of 24-year-old Venezuelan refugee Widmer Josneyder Agelviz-Sanguino.

The appellate court’s order means the government will no longer have to provide a laundry list of details about the notorious prison in El Salvador known as the Center for Terrorism Confinement (CECOT).

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In the underlying case, also filed under seal, a petition for a writ of habeas corpus was submitted by Agelviz-Sanguino’s legal team earlier this month after his name appeared on a flight manifest of the 238 men sent to CECOT in violation of a bench ruling by U.S. District Judge James Boasberg.

On Monday, following a hearing, Ellison issued an order requiring the government to confirm Agelviz-Sanguino’s whereabouts and establishing his access to legal counsel.

The initial order required the government to file a declaration within 24 hours “confirming the current location and health status of Agelviz-Sanguino, as well as the legal basis for his continued detention.” Additionally, the judge required the government to restore “and help maintain attorney-client communication between Agelviz-Sanguino and his counsel” as well as provide his legal team with “direct contact information” for CECOT “including a designated point of contact responsible for ensuring compliance” within 48 hours.

The order also required a progress report, to be filed within 72 hours, detailing what steps the government took to comply with the order “including any logistical arrangements made with El Salvadoran authorities.”

The judge, however, foresaw some issues and offered caveats – giving the government additional work to do if they were unable to establish communication with Agelviz-Sanguino due to Salvadoran officials.

Bondi, for her part, quickly filed for, and quickly received, extensions of time to comply. But when the government finally filed their motion regarding compliance, Ellison was not at all pleased.

“Defendants’ declaration provided no meaningful information regarding Plaintiff Agelviz-Sanguino’s location, health, or the legal basis for his detention,” the court noted late Wednesday. “The U.S. Embassy’s purported inquiry to El Salvadoran authorities—unsupported by details or evidence—does not satisfy the Court’s previous order.”

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