The government is not likely to suffer irreparable harm, judges concluded.
A federal appeals court on April 29 turned down the Trump administration’s bid to block restrictions on deporting Venezuelans from Colorado.
The government did not show that it is likely to be irreparably harmed if a lower court order remains in place, a unanimous three-judge panel of the U.S. Court of Appeals for the 10th Circuit ruled.
Under court precedent, a party seeking a stay pending appeal must show it will likely be irreparably harmed absent a stay.
U.S. District Judge Charlotte N. Sweeney recently issued a temporary restraining order requiring the Trump administration to give Venezuelans arrested for alleged links to the Tren de Aragua gang three weeks’ notice before deportation.
The order applies to all noncitizens in Colorado who were, are, or will be subject to President Donald Trump’s March invocation of the Alien Enemies Act. The president at the time said that Tren de Aragua had invaded the United States, and he directed officials to arrest and deport its members.
“All members of the class are in federal custody. And given the important unresolved issues under the Alien Enemies Act (AEA) and the ruling of the United States Supreme Court that no one in that proceeding be removed under the AEA until further order of that Court … there is no realistic possibility that the government could remove any member of the class from this country before final expiration of the TRO on May 6, 2025,” the 10th Circuit panel stated.
Lawyers for the government and the plaintiffs in the case did not respond to early morning requests for comment.
Four factors must be met to secure a stay pending appeal. The appeals court did not address the other three factors, which include presenting a strong showing that a party is likely to succeed in the case since the irreparable harm standard was not met, the judges said.
