En Banc 5th Circuit Dismisses Venezuelans’ Removal Appeal After Update

( August 26, 2026, 3:35 PM EDT) -- NEW ORLEANS — An en banc Fifth Circuit U.S. Court of Appeals in an opinion and order declined to add new class representatives on appeal and dismissed the appeal brought by Venezuelan nationals who sought to halt the federal government’s removal of them and a putative class under the president’s April 2025 proclamation invoking the Alien Enemies Act (AEA) due to an “invasion” by Tren de Aragua, a Venezuelan organized crime syndicate; the Fifth Circuit opined that it lacked jurisdiction over the appeal after the government informed the court that the named petitioners were removed from the United States under the Immigration and Nationality Act (INA), removals permitted pursuant to the U.S. Supreme Court majority’s May 2025 per curiam opinion....