Overview

• The panel ruled 2–1, with Judges Leslie Southwick and Irma Carrillo Ramirez in the majority and Judge Andrew Oldham dissenting.
• The court found the record showed no “invasion or predatory incursion,” concluding the 1798 statute was improperly invoked.
• The injunction covers only removals under the Alien Enemies Act, leaving other deportation authorities available to the government.
• The majority said seven days’ notice of removal likely satisfies due process after the Supreme Court earlier faulted 24-hour notices.
• The case, brought by ACLU-represented detainees in Texas after transfers to El Salvador and some returns to Venezuela, is expected to move toward Supreme Court review.