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Tags: doj | court filing | delay | venezuelans | deportees

DOJ Seeks Delay on Return of Deported Venezuelans

By    |   Monday, 05 January 2026 11:22 AM EST

The Justice Department is asking a federal judge for a one-week delay in returning a group of Venezuelan nationals deported under the Alien Enemies Act, arguing that rapidly changing conditions in Venezuela make immediate compliance with a court order impractical, the Washington Examiner reported Monday.

The request comes as the Trump administration faces a Monday deadline imposed by U.S. District Judge James Boasberg.

Last month, Boasberg ordered the government to either facilitate the return of the Venezuelans to the United States or provide them with hearings that satisfy constitutional due process requirements.

The Venezuelans at the center of the case were deported in March 2025 to El Salvador's high-security "megaprison" after U.S. officials alleged they had ties to the violent Tren de Aragua gang.

They were later transferred to Venezuela as part of a prisoner exchange.

In a one-page filing submitted late Sunday, the DOJ cited what it called "substantial changes" in Venezuela following a U.S. military operation over the weekend that resulted in the arrest of longtime socialist strongman Nicolás Maduro, the report said. 

"Over the weekend, the United States apprehended Nicolas Maduro," the filing states. "As a result, the situation on the ground in Venezuela has changed dramatically."

The department said it needs additional time to assess whether returning the deportees to the U.S. is feasible or whether alternative remedies are available, according to the report.

The DOJ characterized the request as necessary to "evaluate and determine what remedies are possible" under the new circumstances and formally asked for a seven-day extension.

The case is part of a broader legal battle over the Trump administration's use of the Alien Enemies Act to remove foreign nationals accused of gang activity and national security threats.

In recent rulings, Boasberg has said the government failed to provide adequate due process protections to certain Venezuelan deportees, ordering either their return or constitutionally sufficient legal hearings.

The dispute is tied to J.G.G. v. Trump, a closely watched case in which courts found that some deported Venezuelans were removed without sufficient opportunity to challenge their detention or alleged gang ties, raising habeas corpus concerns.

Administration officials have argued the deportations were necessary to protect public safety and disrupt transnational criminal networks, particularly Tren de Aragua, which has been linked to violent crime across the Western Hemisphere.

© 2026 Newsmax. All rights reserved.


Politics
The Justice Department is asking a federal judge for a one-week delay in returning a group of Venezuelan nationals deported under the Alien Enemies Act, arguing that rapidly changing conditions in Venezuela make immediate compliance with a court order impractical.
doj, court filing, delay, venezuelans, deportees
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2026-22-05
Monday, 05 January 2026 11:22 AM
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