The U.S. Department of Justice (DOJ) has formally withdrawn its appeal of a federal injunction that blocked deportations of Venezuelan nationals under the Alien Enemies Act (AEA) in California’s Central District, according to court filings reviewed by The Gateway Pundit.
In June 2026, U.S. District Judge John Holcomb, a Trump appointee, ruled that while President Trump retains authority to deport individuals under the AEA, the administration must provide adequate notice and due process protections. The decision came in response to a case involving Darwin Antonio Arevalo Millan, a Venezuelan national facing deportation.
Legal Battle Ends With DOJ Retreat
On Monday, the Justice Department filed a motion to dismiss its own appeal, stating it had ‘elected not to pursue’ the challenge. The withdrawal occurred before either party submitted briefs in the case. Government attorneys confirmed that plaintiffs’ counsel did not oppose the motion.
The surprise reversal means the Ninth Circuit Court of Appeals will not rule on whether Judge Holcomb’s injunction should stand. Legal analysts suggest this could signal a strategic retreat by the administration to avoid an unfavorable appellate decision that might set broader precedent.
What’s Next for Alien Enemies Act Enforcement?
Judge Holcomb’s original ruling did not invalidate the 18th-century law, which grants presidents wartime power to deport nationals of hostile nations. Instead, it required procedural safeguards including proper notice and opportunity to contest removal.
The DOJ had maintained that Millan and others weren’t being deported under the AEA, but the court still imposed due process requirements. With the appeal now abandoned, immigration authorities must comply with the injunction’s terms when attempting deportations in California’s Central District.
Observers note the decision leaves open whether similar challenges might arise in other jurisdictions, potentially creating a patchwork of enforcement capabilities nationwide.
Source: www.thegatewaypundit.com โ https://www.thegatewaypundit.com/2026/11/doj-drops-appeal-injunction-blocking-alien-enemies-act/