Case: D.B.U. v. Trump

1:25-cv-01163 | U.S. District Court for the District of Colorado

Filed Date: April 12, 2025

Case Ongoing

Clearinghouse coding complete

Case Summary

This is one of several class action challenges to the Trump Administration's use of the Alien Enemies Act ("AEA") to circumvent removal procedures and deport Venezuelan nationals without due process. You can see all of the cases here. On April 12, 2025, two Venezuelan men filed a petition for writ of habeas corpus and a class action lawsuit in the United States District Court for the District of Colorado. They named as respondents President Donald J. Trump, the Department of Justice, the Depart…

On April 12, 2025, two Venezuelan men filed a petition for writ of habeas corpus and a class action lawsuit in the United States District Court for the District of Colorado. They named as respondents President Donald J. Trump, the Department of Justice, the Department of Homeland Security, Immigration and Customs Enforcement (“ICE”), the Department of State, and the Denver Contract Detention Facility, the Colorado ICE facility where the petitioners are being held.

Represented by the ACLU, the ACLU of Colorado, and the Rocky Mountain Immigrant Advocacy Network, the petitioners challenged the Administration’s invocation of the AEA to remove them from the United States without any opportunity for a hearing or judicial review. The AEA is a wartime measure that authorizes the removal of citizens from countries with whom the United States is at war. On March 15, 2025, President Trump issued a proclamation declaring that the United States was “under invasion” by Tren de Aragua, a Venezuelan gang and designated foreign terrorist organization, and invoking the AEA.

The petitioners alleged that this use of the AEA violated the Immigration and Nationality Act, the Foreign Affairs Reform and Restructuring Act, and the Fifth Amendment. They sought a writ of habeas corpus releasing them from detention, as well as injunctive and declaratory relief. The case was assigned to District Judge Charlotte Sweeney.

This action was spurred by the U.S. Supreme Court's decision in J.G.G. v. Trump that challenges to removals under the AEA must be brought in a habeas petition. The Court in that case vacated a temporary restraining order ("TRO") against removal of the plaintiffs because it found the venue, the District Court for the District of Columbia, to be inappropriate, since habeas petitions should be brought in the district of confinement.

Along with their habeas petition, the petitioners filed an emergency motion for a TRO and a separate motion to certify the class. On April 14, the Court ordered that the petitioners were not to be removed from the United States or the District of Colorado while the case proceeded. The court also set a briefing schedule for the TRO motion and scheduled a hearing for April 21.

Judge Sweeney issued another 14-day TRO following the April 21 hearing, prohibiting the respondents from removing petitioners and class members from the District of Colorado and requiring respondents to give petitioners and class members a 21-day notice if the government sought to detain them pursuant to the AEA. The order also directed petitioner to file any motion for a preliminary injunction (PI) within three days. The court also ordered respondents to respond to the motion for class certification by April 28, with petitioner's reply due by May 2.

Respondents appealed the TRO to the U.S. Court of Appeals for the Tenth Circuit on April 23 (USCA case no. 25-1164). In the district court, respondents filed an emergency motion for a stay pending appeal, which Judge Sweeney denied on April 24. The same day, the respondent-appellants also filed an emergency stay motion pending appeal in the Tenth Circuit, which ordered petitioner-appellee to respond by April 26, with any reply due by April 27. The Court of Appeals denied the emergency stay motion on April 29, finding that the government had not made the required irreparable-injury showing. 2025 WL 1233583.

The petitioner filed a motion for a preliminary injunction (PI) on April 25. The respondents filed their response five days later, and petitioner filed his response on May 2.

Briefing on the class certification motion took place according to the court's schedule included in its order granting the TRO, concluding on May 2.

On May 6, Judge Sweeney certified a class of "All noncitizens in custody in the District of Colorado who were, are, or will be subject to the March 2025 Presidential Proclamation entitled 'Invocation of the Alien Enemies Act Regarding the Invasion of the United States by Tren de Aragua' and/or its implementation." 781 F.Supp.3d 1158.

Judge Sweeney examined closely each of the requirements for certifying a class, holding most importantly that the class members' risk of deportation under the Proclamation provided the required commonality. She rejected arguments that differences in other parts of class members' cases should prevent certification. She also certified the class under Rule 23(b)(2) finding that the proposed class was “sufficiently cohesive,” and that the injunctive relief the petitioners sought “would benefit them as well as all members of the proposed class in the same fashion.”

Judge Sweeney also entered a preliminary injunction ordering the government not to detain, transfer, or remove petitioners and members of the certified class from the District of Colorado. 349 F.R.D. 228.

Judge Sweeney found that petitioners were likely to succeed on the merits because a “invasion” under the AEA demands military action by a foreign nation government. She held that the Proclamation fails to adequately find or assert TdA was a foreign nation or government. Judge Sweeney accepted the petitioners' allegations that they faced the risk of irreparable harm in part because of the detention conditions in El Salvador’s Terrorism Confinement Center (CECOT). In balancing the equities and public interest, Judge Sweeney found that the public interest in preventing wrongful removals—particularly where those removals exposed Petitioners and class members to harmful conditions—outweighed any harm to the government, partly because any such harm was mitigated by the government's availability to prosecute and remove noncitizens under Title 8,

In reaching this decision, Judge Sweeney rejected the government's argument that the petitioners lack standing because they were not at the time of the hearing designated as falling under the Proclamation. Judge Sweeney concluded “there is a substantial risk that the harm of being subject to the Proclamation will arise—despite [Petitioners’] current designation as individuals who do not fall under it.”

Judge Sweeney also rejected respondents' broad challenges to jurisdiction on the basis that the petition constituted an unconstitutional challenge to presidential power, the political question doctrine, and several other broad attacks on the court's jurisdiction.

On July 7, the government appealed the injunction and class certification to the U.S. Circuit Court for the Tenth Circuit (Case No. 25-1265). In mid-August the court noted that W.M.M. v. Trump, No. 25-10534 (5th Cir.) remained pending and that this case would wait for that decision and appeal. On September 2, the Fifth Circuit enjoined the government and remanded for further proceedings.

This court issued an order to continue abatement of the matter until time for further review of W.M.M. v. Trump, No. 25-10534 (5th Cir.) has run.

This case is ongoing.

Summary Authors

Meredith Ulle (4/16/2025)

Zainab Mustafa (9/15/2025)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/69885285/parties/dbu-v-trump/

Expert/Monitor/Master/Other

Amdur, Spencer Elijah (Colorado)

Flentje, August E. (Colorado)

Galindo, Daniel

Gelernt, Lee (Colorado)

Goodlette, Tamara F. (Colorado)

Other

Amdur, Spencer Elijah (Colorado)

Flentje, August E. (Colorado)

Galindo, Daniel

Gelernt, Lee (Colorado)

Goodlette, Tamara F. (Colorado)

Gorski, Ashley (Colorado)

Hogan, John (Colorado)

Huddleston, Kathryn

Jadwat, Omar C. (Colorado)

Kurtz, Annie (Colorado)

Kurtz, Anna I. (Colorado)

Lunn, Laura (Colorado)

Macdonald, Timothy (Colorado)

Mclean-Riggs, Emma Kristine (Colorado)

Neel, Sara R. (Colorado)

Ngo, My Khanh

Roman, Oscar Sarabia (Colorado)

Shamsi, Hina (Colorado)

Sherman, Monique (Colorado)

Shucard, Spencer (Colorado)

Smith, Noelle

Toomey, Patrick (Colorado)

Traskos, Kevin T. (Colorado)

Velchik, Michael (Colorado)

Wofsy, Cody (Colorado)

Attorney Contact Information via CourtListener

Documents in the Clearinghouse

Documents in this case

1 1:25-cv-01163	Class Petition for Writ of Habeas Corpus and Class Complaint for Declaratory and Injunctive Relief	April 12, 2025	April 12, 2025 Complaint
2 1:25-cv-01163	Petitioners-Plaintiff's Emergency Motion for Temporary Restraining Order	April 12, 2025	April 12, 2025 Pleading / Motion / Brief
4 1:25-cv-01163	Petitioners-Plaintiffs' Motion for Class Certification	April 12, 2025	April 12, 2025 Pleading / Motion / Brief
35 1:25-cv-01163	Order	April 22, 2025	April 22, 2025 Order/Opinion 779 F.Supp.3d 1264
3 25-01164	Emergency Motion for a Stay Pending Appeal Trump v. D.B.U U.S. Court of Appeals for the Tenth Circuit	April 24, 2025	April 24, 2025 Pleading / Motion / Brief
8 25-01164	Order U.S. Court of Appeals for the Tenth Circuit	April 24, 2025	April 24, 2025 Order/Opinion
24 25-01164	Appellees-Petitioners' Response to Appellants- Respondents' Emergency Motion for a Stay Pending Appeal U.S. Court of Appeals for the Tenth Circuit	April 26, 2025	April 26, 2025 Pleading / Motion / Brief
25 25-01164	Appellants-Respondents' Reply to Response to Emergency Motion for a Stay Pending Appeal U.S. Court of Appeals for the Tenth Circuit	April 27, 2025	April 27, 2025 Pleading / Motion / Brief
31 25-01164	Order U.S. Court of Appeals for the Tenth Circuit	April 29, 2025	April 29, 2025 Order/Opinion 2025 WL 1233583
51 1:25-cv-01163	Order	May 6, 2025	May 6, 2025 Order/Opinion 349 F.R.D. 228

show / hide documents

Resources

Resources related to this case
Title	Description		External URL Date / External URL
Proclamation - Invocation of the Alien Enemies Act Regarding the Invasion of the United States by Tren De Aragua President Donald Trump	Authorizing the immediate removal, without any opportunity for judicial review, of “all Venezuelan citizens 14 years of age or older who are members of [Tren de Aragua], are within the United States,…	March 15, 2025	March 15, 2025 https://www.whitehouse.gov/...

show / hide resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/69885285/dbu-v-trump/

Last updated April 20, 2026, 3:59 a.m.

ECF Number	Date	Description	Link
1	April 12, 2025	APPLICATION for Writ of Habeas Corpus Pursuant to 28 USC 2241 and Class Complaint for Declaratory and Injunctive Relief (Filing fee $ 5, Receipt Number ACODC-10274533)Attorney Sara R. Neel added to party D.B.U. (pty:pet), Attorney Sara R. Neel added to party R.M.M. (pty:pet), filed by D.B.U., R.M.M.. (Attachments: # 1 Civil Cover Sheet, # 2 Summons, # 3 Summons, # 4 Summons, # 5 Summons, # 6 Summons, # 7 Summons, # 8 Summons, # 9 Summons, # 10 Summons, # 11 Summons)(Neel, Sara) (Entered: 04/12/2025) 1 Civil Cover Sheet View on PACER 2 Summons View on PACER 3 Summons View on PACER 4 Summons View on PACER 5 Summons View on PACER 6 Summons View on PACER 7 Summons View on PACER 8 Summons View on PACER 9 Summons View on PACER 10 Summons View on PACER 11 Summons View on PACER	Clearinghouse
2	April 12, 2025	Emergency MOTION for Temporary Restraining Order by Petitioners D.B.U., R.M.M.. (Attachments: # 1 Exhibit A, Barber Declaration, # 2 Exhibit B, Hightower Declaration, # 3 Proposed Order (PDF Only))(Neel, Sara) (Entered: 04/12/2025) 1 Exhibit A, Barber Declaration View on RECAP 2 Exhibit B, Hightower Declaration View on RECAP 3 Proposed Order (PDF Only) View on PACER	Clearinghouse
3	April 12, 2025	MOTION for Leave to Proceed Under Pseudonym by Petitioners D.B.U., R.M.M.. (Neel, Sara) (Entered: 04/12/2025)	RECAP
4	April 12, 2025	MOTION to Certify Class by Petitioners D.B.U., R.M.M.. (Attachments: # 1 Exhibit Galindo Declaration)(Neel, Sara) (Entered: 04/12/2025) 1 Exhibit Galindo Declaration View on RECAP	Clearinghouse
5	April 13, 2025	Case assigned to Judge Charlotte N. Sweeney and drawn to Magistrate Judge Cyrus Y. Chung. Text Only Entry (jcolw, ) (Entered: 04/13/2025)	RECAP
6	April 13, 2025	NOTICE of Entry of Appearance by Timothy R. Macdonald on behalf of D.B.U. Attorney Timothy R. Macdonald added to party D.B.U. (pty:pet) (Macdonald, Timothy) (Entered: 04/13/2025)	RECAP
7	April 13, 2025	NOTICE of Entry of Appearance by Timothy R. Macdonald on behalf of R.M.M. Attorney Timothy R. Macdonald added to party R.M.M. (pty:pet) (Macdonald, Timothy) (Entered: 04/13/2025)	RECAP
8	April 13, 2025	NOTICE of Entry of Appearance by Emma K. Mclean-Riggs on behalf of D.B.U., R.M.M. Attorney Emma K. Mclean-Riggs added to party D.B.U. (pty:pet), Attorney Emma K. Mclean-Riggs added to party R.M.M. (pty:pet) (Mclean-Riggs, Emma) (Entered: 04/13/2025)	RECAP
17	April 13, 2025	ADVISORY NOTICE OF NONCOMPLIANCE WITH COURT RULES/PROCEDURES: re: 6 Notice of Entry of Appearance, 7 Notice of Entry of Appearance filed by attorney Timothy R. Macdonald. DO NOT REFILE THE DOCUMENT. The phone number in the contact information on document does not reflect what is on the docket. Action to take - counsel must submit a change of contact request through the Manage my Account tab at the PACER website at https://www.pacer.gov/, pursuant to D.C.COLO.LAttyR 5(c) and 3.5 of the Electronic Case Filing Procedures (Civil cases). (Text Only Entry) (ggill, ) (Entered: 04/15/2025)	RECAP
18	April 13, 2025	ADVISORY NOTICE OF NONCOMPLIANCE WITH COURT RULES/PROCEDURES: re: 8 Notice of Entry of Appearance filed by attorney Emma K. Mclean-Riggs. DO NOT REFILE THE DOCUMENT. Action to take - The phone number in the contact information on document does not reflect what is on the docket. Counsel must submit a change of contact request through the Manage my Account tab at the PACER website at https://www.pacer.gov/, pursuant to D.C.COLO.LAttyR 5(c) and 3.5 of the Electronic Case Filing Procedures (Civil cases). (Text Only Entry) (ggill, ) (Entered: 04/15/2025)	RECAP
9	April 14, 2025	Magistrate Judge consent form issued pursuant to 28 U.S.C. 636(c). Summons not issued for Petitions for Writ of Habeas Corpus. (agarc, ) (Entered: 04/14/2025)	RECAP
10	April 14, 2025	MINUTE ORDER: Before the Court is Petitioners'-Plaintiffs' Emergency Motion for Temporary Restraining Order (TRO). ECF No. 2 . Pursuant to the All Writs Act, 28 U.S.C. § 1651(a), and in order to preserve the Court's jurisdiction, Defendants SHALL NOT REMOVE Petitioners from the District of Colorado or the United States unless or until this Court or the Court of Appeals for the Tenth Circuit vacates this Order. See also Vizguerra-Ramirez v. Choate, et. al, Case No. 1:25-cv-881, D. Colo., ECF No. 11 at 4-5 (collecting cases); F.T.C. v. Dean Foods Co., 384 U.S. 597, 603 (1966); Local 1814, Int'l Longshoremen's Ass'n v. New York Shipping Ass'n, 965 F.2d 1224, 1237 (2d Cir. 1992). To the extent they have not yet done so, no later than today, April 14, 2025, Petitioners' counsel is directed (1) to serve Respondents with a copy of the TRO motion and accompanying papers, along with a copy of this Order, by e-mail to the United States Attorney's Office for the District of Colorado and by overnight mail; and (2) to promptly file proof of such service on the docket. Counsel for Defendants shall promptly enter notices of appearance. Defendants are further ordered to RESPOND to Petitioners' TRO motion by THURSDAY, April 17, 2025. See, e.g., Gurchiani v. Garland, No. 23-9588, 2025 WL 46446, at *5 n.11 (10th Cir. Jan. 8, 2025) (noting "importance of adversarial briefing"). The parties are hereby ORDERED to appear for a hearing on Petitioners' TRO motion on Monday, April 21, 2025, at 9:00 a.m. in Courtroom A702 of the Alfred A. Arraj Courthouse. By Judge Charlotte N. Sweeney on 4/14/2025. Text Only Entry (cnsja, ) (Entered: 04/14/2025)	RECAP
11	April 14, 2025	ORDER granting 3 Motion for Leave to Proceed Under Pseudonym, by Judge Charlotte N. Sweeney on 4/14/2025.(cnsja, )	RECAP
12	April 14, 2025	NOTICE of Entry of Appearance by Anna I. Kurtz on behalf of D.B.U., R.M.M. Attorney Anna I. Kurtz added to party D.B.U. (pty:pet), Attorney Anna I. Kurtz added to party R.M.M. (pty:pet) (Kurtz, Anna) (Entered: 04/14/2025)	RECAP
13	April 14, 2025	Emergency MOTION to Clarify by Petitioners D.B.U., R.M.M.. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Macdonald, Timothy) (Entered: 04/14/2025) 1 Exhibit A View on RECAP 2 Exhibit B View on RECAP	RECAP
14	April 14, 2025	ORDER granting 13 Emergency Motion to Clarify. Upon review of Petitioners' emergency motion to clarify, ECF No. 13, the motion is GRANTED. The order issued by the Court at ECF No. 10 prohibits the removal from this jurisdiction of Petitioners and the class they propose to represent; namely, "All noncitizens in custody in the District of Colorado who were, are, or will be subject to the March 2025 Presidential Proclamation entitled Invocation of the Alien Enemies Act Regarding the Invasion of the United States by Tren de Aragua and/or its implementation." This order shall remain in effect for no longer than fourteen (14) days, as the Court has set a hearing on this matter for April 21, 2025, and will promptly issue an order as to the motion for a TRO. By Judge Charlotte N. Sweeney on 4/14/2025. Text Only Entry(cnsja, ) (Entered: 04/14/2025)	RECAP
15	April 14, 2025	AFFIDAVIT/RETURN of Service Pursuant to Court Order (ECF 10) of Court Filings and Order upon Respondents on 4/14/2025, filed by Petitioners D.B.U., R.M.M. (Attachments: # 1 Exhibit A, Email String, # 2 Exhibit B, Service Tracking and Receipt)(Neel, Sara) (Entered: 04/14/2025) 1 Exhibit A, Email String View on RECAP 2 Exhibit B, Service Tracking and Receipt View on PACER	RECAP
16	April 14, 2025	NOTICE of Entry of Appearance by Kevin Thomas Traskos on behalf of Dawn Ceja, Donald J. Trump, Pamela Bondi, Kristi Noem, US Department of Homeland Security, Todd Lyons, US Immigration and Customs Enforcement, Marco Rubio, US State Department, Robert GaudianAttorney Kevin Thomas Traskos added to party Dawn Ceja(pty:res), Attorney Kevin Thomas Traskos added to party Donald J. Trump(pty:res), Attorney Kevin Thomas Traskos added to party Pamela Bondi(pty:res), Attorney Kevin Thomas Traskos added to party Kristi Noem(pty:res), Attorney Kevin Thomas Traskos added to party US Department of Homeland Security(pty:res), Attorney Kevin Thomas Traskos added to party Todd Lyons(pty:res), Attorney Kevin Thomas Traskos added to party US Immigration and Customs Enforcement(pty:res), Attorney Kevin Thomas Traskos added to party Marco Rubio(pty:res), Attorney Kevin Thomas Traskos added to party US State Department(pty:res), Attorney Kevin Thomas Traskos added to party Robert Gaudian(pty:res) (Traskos, Kevin) (Entered: 04/14/2025)	RECAP
19	April 14, 2025	ADVISORY NOTICE OF NONCOMPLIANCE WITH COURT RULES/PROCEDURES: re: 12 Notice of Entry of Appearance filed by attorney Anna I. Kurtz. DO NOT REFILE THE DOCUMENT. Action to take - The phone number in the contact information on document does not reflect what is on the docket. Counsel must submit a change of contact request through the Manage my Account tab at the PACER website at https://www.pacer.gov/, pursuant to D.C.COLO.LAttyR 5(c) and 3.5 of the Electronic Case Filing Procedures (Civil cases). (Text Only Entry) (ggill, ) (Entered: 04/15/2025)	RECAP
	April 14, 2025	Minute Order
	April 14, 2025	Order on Motion to Clarify
20	April 16, 2025	Unopposed MOTION for Leave to Appear and Argue Remotely by Petitioners D.B.U., R.M.M.. (Macdonald, Timothy) (Entered: 04/16/2025)	RECAP
21	April 16, 2025	MINUTE ORDER: A public telephone call-in line will be made available for the hearing scheduled for April 21, 2025 at 9:00 a.m. Those who wish to listen-only may dial 571-353-2301 and enter access code 770126989#. The Court reminds all callers that pursuant to Local Rule (D.C.COLO.LCrR 57.3), the recording of these proceedings is prohibited. By Judge Charlotte N. Sweeney on 4/16/2025. Text Only Entry (cnsja, ) (Entered: 04/16/2025)	RECAP
22	April 16, 2025	ORDER: Before the Court is Petitioners - Plaintiffs' Unopposed Motion to Appear and Argue Remotely at the hearing on Petitioners' Emergency Motion for Temporary Restraining Order set for Monday, April 21 at 9:00 a.m. ECF No. 20 . Through that request, Petitioners seek to allow Lee Gelernt to appear remotely and argue the motion. The motion is DENIED. Four ACLU lawyers located in Colorado have entered their appearance in this case and can present argument if Mr. Gerlernt is unable to travel. In addition, the Motion (ECF No. 20 ) itself lists no less than thirteen (13) other lawyers who also represent the Petitioners. Thus, should Mr. Gelernt elect not to travel, the Court is confident that one of the other seventeen (17) attorneys will be able to argue the motion in his absence. By Judge Charlotte N. Sweeney on 4/16/2025. Text Only Entry(cnsja, ) Modified on 4/17/2025 to edit text. (sphil, ). (Entered: 04/16/2025)	RECAP
23	April 16, 2025	AFFIDAVIT/RETURN of Service of Class Petition for Writ of Habeas Corpus upon DONALD J. TRUMP, in his official capacity as President of the United States; PAMELA BONDI, Attorney General of the United States, in her official capacity; KRISTI NOEM, Secretary of the U.S. Department of Homeland Security, in her official capacity; TODD LYONS, Acting Director of U.S. Immigration and Customs Enforcement, in his official capacity; U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT; MARCO RUBIO, Secretary of State, in his official capacity; U.S. STATE DEPARTMENT; ROBERT GAUDIAN, Director of the Denver Field Office for U.S. Immigration and Customs Enforcement, in his official capacity; DAWN CEJA, Warden, Denver Contract Detention Facility, in her official capacity on 4/16/2025, filed by Petitioners D.B.U., R.M.M. (Attachments: # 1 Exhibit A)(Neel, Sara) (Entered: 04/16/2025)	RECAP
	April 16, 2025	Minute Order
	April 16, 2025	Order on Motion for Leave to Appear
24	April 17, 2025	NOTICE of Entry of Appearance by Lee Gelernt on behalf of D.B.U., R.M.M. Attorney Lee Gelernt added to party D.B.U. (pty:pet), Attorney Lee Gelernt added to party R.M.M. (pty:pet) (Gelernt, Lee) (Entered: 04/17/2025)	RECAP
25	April 17, 2025	NOTICE of Entry of Appearance by Omar C. Jadwat on behalf of D.B.U., R.M.M. Attorney Omar C. Jadwat added to party D.B.U. (pty:pet), Attorney Omar C. Jadwat added to party R.M.M. (pty:pet) (Jadwat, Omar) (Entered: 04/17/2025)	RECAP
26	April 17, 2025	RESPONSE to 2 Emergency MOTION for Temporary Restraining Order filed by Respondents Dawn Ceja, Donald J. Trump, Pamela Bondi, Kristi Noem, US Department of Homeland Security, Todd Lyons, US Immigration and Customs Enforcement, Marco Rubio, US State Department, Robert Gaudian. (Attachments: # 1 Exhibit 1 - Valdez Declaration, # 2 Exhibit 2 - Elliston Declaration)(Traskos, Kevin) (Entered: 04/17/2025) 1 Exhibit 1 - Valdez Declaration View on RECAP 2 Exhibit 2 - Elliston Declaration View on RECAP	RECAP
27	April 18, 2025	NOTICE of Entry of Appearance by Michael Kenneth Velchik on behalf of All Defendants (Velchik, Michael) (Entered: 04/18/2025)	RECAP
28	April 18, 2025	NOTICE of Entry of Appearance Lunn by Laura Patricia Lunn on behalf of D.B.U., R.M.M. Attorney Laura Patricia Lunn added to party D.B.U. (pty:pet), Attorney Laura Patricia Lunn added to party R.M.M. (pty:pet) (Lunn, Laura) (Entered: 04/18/2025)	RECAP
29	April 18, 2025	NOTICE of Entry of Appearance Goodlette by Laura Patricia Lunn on behalf of D.B.U., R.M.M. (Lunn, Laura) (Entered: 04/18/2025)	RECAP
30	April 18, 2025	NOTICE of Entry of Appearance Sherman by Laura Patricia Lunn on behalf of D.B.U., R.M.M. (Lunn, Laura) (Entered: 04/18/2025)	RECAP
31	April 20, 2025	REPLY to Response to 2 Emergency MOTION for Temporary Restraining Order filed by Petitioners D.B.U., R.M.M.. (Attachments: # 1 Exhibit A - Notices, # 2 Exhibit B - Sherman Declaration)(Macdonald, Timothy) (Entered: 04/20/2025) 1 Exhibit A - Notices View on PACER 2 Exhibit B - Sherman Declaration View on RECAP	RECAP
32	April 21, 2025	ADVISORY NOTICE OF NONCOMPLIANCE WITH COURT RULES/PROCEDURES: re: 27 Notice of Entry of Appearance filed by attorney Michael Kenneth Velchik. DO NOT REFILE THE DOCUMENT. Action to take - counsel must submit a change of contact request through the Manage my Account tab at the PACER website at https://www.pacer.gov/, pursuant to D.C.COLO.LAttyR 5(c) and 3.5 of the Electronic Case Filing Procedures (Civil cases).(Text Only Entry) (dgumb, ) (Entered: 04/21/2025)	RECAP
33	April 21, 2025	ADVISORY NOTICE OF NONCOMPLIANCE WITH COURT RULES/PROCEDURES: re: 30 Notice of Entry of Appearance, 29 Notice of Entry of Appearance filed by attorney Laura Patricia Lunn. The s/signature did not match the filers name on the account for which the login and password are registered. DO NOT REFILE THE DOCUMENT. Action to take - future documents must be filed pursuant to D.C.COLO.LCivR 5.1(a) and 4.3(c) of the Electronic Case Filing Procedures (Civil cases).(Text Only Entry) (dgumb, ) (Entered: 04/21/2025)	RECAP
34	April 21, 2025	MINUTE ENTRY for proceedings held before Judge Charlotte N. Sweeney: Motion Hearing held on 4/21/2025. 2 Motion for Temporary Restraining Order is TAKEN UNDER ADVISEMENT, written order to issue. Court Reporter: Sarah Mitchell. (jdyne, ) (Entered: 04/21/2025)	RECAP
35	April 22, 2025	ORDER granting 2 Plaintiffs-Petitioners' Emergency Motion for Temporary Restraining Order. By Judge Charlotte N. Sweeney on 4/22/25.(jdyne, ) (Entered: 04/22/2025)	Clearinghouse
36	April 22, 2025	TRANSCRIPT of Motion Hearing - Temporary Restraining Order held on April 21, 2025 before Judge Sweeney. Pages: 1-39. NOTICE - REDACTION OF TRANSCRIPTS: Within seven calendar days of this filing, each party shall inform the Court, by filing a Notice of Intent to Redact, of the party's intent to redact personal identifiers from the electronic transcript of the court proceeding. If a Notice of Intent to Redact is not filed within the allotted time, this transcript will be made electronically available after 90 days. Please see the Notice of Electronic Availability of Transcripts document at www.cod.uscourts.gov. Transcript may only be viewed at the court's public terminal or purchased through the Court Reporter/Transcriber prior to the 90 day deadline for electronic posting on PACER. (smitc, ) (Entered: 04/22/2025)	RECAP
37	April 23, 2025	Joint MOTION for Leave to File Excess Pages for Petitioners' Motion for Preliminary Injunction and Respondents' Response by Petitioners D.B.U., R.M.M.. (Neel, Sara) (Entered: 04/23/2025)	RECAP
38	April 23, 2025	NOTICE OF APPEAL as to 35 Order on Motion for TRO, 10 Minute Order,,,,,, 14 Order on Motion to Clarify,,, by Respondents Dawn Ceja, Donald J. Trump, Pamela Bondi, Kristi Noem, US Department of Homeland Security, Todd Lyons, US Immigration and Customs Enforcement, Marco Rubio, US State Department, Robert Gaudian (Traskos, Kevin) (Entered: 04/23/2025)	RECAP
39	April 23, 2025	LETTER Transmitting Notice of Appeal to all counsel advising of the transmittal of the 38 Notice of Appeal, filed by US Immigration and Customs Enforcement, Robert Gaudian, US Department of Homeland Security, Dawn Ceja, Todd Lyons, Pamela Bondi, Kristi Noem, Marco Rubio, US State Department, Donald J. Trump to the U.S. Court of Appeals. (Attachments: # 1 Preliminary Record)(norlin, ) (Entered: 04/23/2025) 1 Preliminary Record View on PACER	RECAP
40	April 23, 2025	Emergency MOTION for Order to Stay Relief Pending Appeal by Respondents Dawn Ceja, Donald J. Trump, Pamela Bondi, Kristi Noem, US Department of Homeland Security, Todd Lyons, US Immigration and Customs Enforcement, Marco Rubio, US State Department, Robert Gaudian. (Traskos, Kevin) (Entered: 04/23/2025)	RECAP
43	April 23, 2025	USCA Case Number 25-1164 for 38 Notice of Appeal, filed by US Immigration and Customs Enforcement, Robert Gaudian, US Department of Homeland Security, Dawn Ceja, Todd Lyons, Pamela Bondi, Kristi Noem, Marco Rubio, US State Department, Donald J. Trump. (sphil, ) (Entered: 04/24/2025)	RECAP
41	April 24, 2025	ORDER granting 37 Joint Motion for Leave to File Excess Pages for Petitioners-Plaintiffs' Motion for Preliminary Injunction and Respondents' Response. The parties are granted leave to exceed the page limits as set forth in CNS Civ. Practice Standard 10.1(c). Petitioner-Plaintiffs may file up to a 35-page Motion for Preliminary Injunction, and Respondent-Defendants may file up to a 35-page Response brief. By Judge Charlotte N. Sweeney on 4/24/2025. Text Only Entry(cnsja, ) (Entered: 04/24/2025)	RECAP
42	April 24, 2025	ORDER: Before the Court is Respondents' opposed Emergency Motion For Order on Stay of Relief Pending Appeal. ECF No. 40 . The Motion is DENIED. By Judge Charlotte N. Sweeney on 4/25/2025. Text Only Entry(cnsja, ) (Entered: 04/24/2025)	RECAP
44	April 24, 2025	NOTICE of Cisneros Declaration by Petitioners D.B.U., R.M.M. (Attachments: # 1 Exhibit A - Cisneros Declaration)(Neel, Sara) (Entered: 04/24/2025) 1 Exhibit A - Cisneros Declaration View on RECAP	RECAP
	April 24, 2025	Order on Motion for Leave to File Excess Pages
	April 24, 2025	Order on Motion for Order
45	April 25, 2025	MOTION for Preliminary Injunction by Petitioners D.B.U., R.M.M.. (Attachments: # 1 Exhibit Index, # 2 Exhibit A, Decl Rebecca Hanson, # 3 Exhibit B, Decl Andres Antillano, # 4 Exhibit C, Decl Steven Dudley, # 5 Exhibit D, Decl Sarah Bishop, # 6 Exhibit E, Decl Juanita Goebertus, # 7 Exhibit F, Decl Paulina Reyes, # 8 Exhibit G, Decl Linette Tobin, # 9 Exhibit H, Decl Oscar Sarabia Roman, # 10 Exhibit I, Decl Monique Sherman, # 11 Exhibit J, Decl Henry D. Hollithron)(Neel, Sara) (Entered: 04/25/2025) 1 Exhibit Index View on PACER 2 Exhibit A, Decl Rebecca Hanson View on PACER 3 Exhibit B, Decl Andres Antillano View on PACER 4 Exhibit C, Decl Steven Dudley View on PACER 5 Exhibit D, Decl Sarah Bishop View on PACER 6 Exhibit E, Decl Juanita Goebertus View on PACER 7 Exhibit F, Decl Paulina Reyes View on PACER 8 Exhibit G, Decl Linette Tobin View on PACER 9 Exhibit H, Decl Oscar Sarabia Roman View on PACER 10 Exhibit I, Decl Monique Sherman View on PACER 11 Exhibit J, Decl Henry D. Hollithron View on PACER	RECAP
46	April 28, 2025	RESPONSE to 4 MOTION to Certify Class filed by Respondents Dawn Ceja, Donald J. Trump, Pamela Bondi, Kristi Noem, US Department of Homeland Security, Todd Lyons, US Immigration and Customs Enforcement, Marco Rubio, US State Department, Robert Gaudian. (Traskos, Kevin) (Entered: 04/28/2025)	RECAP
47	April 29, 2025	ORDER of USCA as to 38 Notice of Appeal, filed by US Immigration and Customs Enforcement, Robert Gaudian, US Department of Homeland Security, Dawn Ceja, Todd Lyons, Pamela Bondi, Kristi Noem, Marco Rubio, US State Department, Donald J. Trump. (USCA Case No. 25-1164). The emergency motion for a stay is DENIED. (sphil, ) (Entered: 04/30/2025)	RECAP
48	April 30, 2025	RESPONSE to 45 MOTION for Preliminary Injunction filed by Respondents Dawn Ceja, Donald J. Trump, Pamela Bondi, Kristi Noem, US Department of Homeland Security, Todd Lyons, US Immigration and Customs Enforcement, Marco Rubio, US State Department, Robert Gaudian. (Velchik, Michael) (Entered: 04/30/2025)	RECAP
49	May 2, 2025	REPLY to Response to 45 MOTION for Preliminary Injunction filed by Petitioners D.B.U., R.M.M.. (Gelernt, Lee) (Entered: 05/02/2025)	RECAP
50	May 2, 2025	REPLY to Response to 4 MOTION to Certify Class filed by Petitioners D.B.U., R.M.M.. (Gelernt, Lee) (Entered: 05/02/2025)	RECAP
51	May 6, 2025	ORDER granting 4 Motion to Certify Class. By Judge Charlotte N. Sweeney on 5/6/2025.(cnsja, ) (Entered: 05/06/2025)	Clearinghouse
52	May 6, 2025	ORDER granting 45 Motion for Preliminary Injunction. By Judge Charlotte N. Sweeney on 5/6/2025.(cnsja, ) (Entered: 05/06/2025)	Clearinghouse
53	May 12, 2025	USCA Order as to 38 Notice of Appeal, filed by US Immigration and Customs Enforcement, et al : Appellants Motion for Voluntarily Dismissal is GRANTED.(USCA Case No. 25-1164) (This document is not the Mandate) (sphil, ) (Entered: 05/12/2025)	RECAP
54	May 12, 2025	MANDATE of USCA as to 38 Notice of Appeal, filed by US Immigration and Customs Enforcement, et al, 53 USCA Order/Opinion/Judgment : (USCA Case No. 25-1164) (sphil, ) (Entered: 05/12/2025)	RECAP
55	July 7, 2025	NOTICE OF APPEAL as to 52 Order on Motion for Preliminary Injunction, 51 Order on Motion to Certify Class by Respondents Dawn Ceja, Donald J. Trump, Pamela Bondi, Kristi Noem, US Department of Homeland Security, Todd Lyons, US Immigration and Customs Enforcement, Marco Rubio, US State Department, Robert Gaudian (Velchik, Michael) (Entered: 07/07/2025)	Clearinghouse
56	July 8, 2025	LETTER Transmitting Notice of Appeal to all counsel advising of the transmittal of the 55 Notice of Appeal, filed by US Immigration and Customs Enforcement, Robert Gaudian, US Department of Homeland Security, Dawn Ceja, Todd Lyons, Pamela Bondi, Kristi Noem, Marco Rubio, US State Department, Donald J. Trump to the U.S. Court of Appeals. (USA, Appeal Fee Exempt,) (Attachments: # 1 Preliminary Record)(sphil, ) (Entered: 07/08/2025) 1 Preliminary Record View on PACER	RECAP
57	July 8, 2025	USCA Case Number 25-1265 for 55 Notice of Appeal, filed by US Immigration and Customs Enforcement, et al (sphil, ) (Entered: 07/09/2025)	RECAP
58	July 15, 2025	LETTER TO USCA and all counsel certifying the record is complete as to 55 Notice of Appeal, filed by US Immigration and Customs Enforcement, et al. A transcript order form was filed stating that the necessary transcript is already on file. ( Appeal No. 25-1265) Text Only Entry (sphil, ) (Entered: 07/15/2025)	RECAP
59	July 15, 2025	TRANSCRIPT ORDER FORM re 55 Notice of Appeal, by Respondents Dawn Ceja, Donald J. Trump, Pamela Bondi, Kristi Noem, US Department of Homeland Security, Todd Lyons, US Immigration and Customs Enforcement, Marco Rubio, US State Department, Robert Gaudian (Traskos, Kevin) (Entered: 07/15/2025)	RECAP
60	July 21, 2025	NOTICE of Entry of Appearance by Daniel Galindo on behalf of D.B.U., R.M.M. Attorney Daniel Galindo added to party D.B.U. (pty:pet), Attorney Daniel Galindo added to party R.M.M. (pty:pet) (Galindo, Daniel) (Entered: 07/21/2025)	RECAP
61	July 21, 2025	NOTICE of Entry of Appearance by My Khanh Ngo on behalf of D.B.U., R.M.M. Attorney My Khanh Ngo added to party D.B.U. (pty:pet), Attorney My Khanh Ngo added to party R.M.M. (pty:pet) (Ngo, My Khanh) (Entered: 07/21/2025)	RECAP

show / hide docket entries

Case Details

State / Territory:

Colorado

Case Type(s):

Immigration and/or the Border

Special Collection(s):

Trump 1.0 & 2.0 Immigration Enforcement Order Challenges

Trump Administration 2.0: Challenges to the Government

Key Dates

Filing Date: April 12, 2025

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Two Venezuelan nationals being detained at Denver Contract Detention Facility (Colorado) under the Alien Enemies Act and all others similarly situated.

Attorney Organizations:

ACLU Affiliates (any)

ACLU National (all projects)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Pending

Defendants

Federal

Donald J. Trump

U.S. Department of Homeland Security

U.S. Department of Justice