On Sunday, the Department of Justice informed a federal judge that the unexpected nighttime capture of Venezuelan leader Nicolas Maduro by the military has created a dynamic situation. Maduro is now in the United States with his wife to face charges related to “narco-terrorism conspiracy” and “cocaine importation conspiracy.” This development has led the Trump administration to request additional time to devise “remedies” concerning the Alien Enemies Act (AEA) litigation.

In a weekend submission to Chief U.S. District Judge James Boasberg, the government requested a one-week extension to “evaluate and determine what remedies are possible.” Boasberg has faced challenges in advancing a contempt investigation into whether his previous orders were deliberately disregarded last year.

The filing stated, “Given substantial changes on the ground in Venezuela and the fluid nature of the unfolding situation, Defendants respectfully move for an extension to respond to this Court’s Order directing them to propose a remedy by Monday, January 5. Over the weekend, the United States apprehended Nicolas Maduro,” the filing said. “As a result, the situation on the ground in Venezuela has changed dramatically. Defendants thus need additional time to determine the feasibility of various proposals.”

With the deadline upon them, Judge Boasberg’s response is anticipated shortly.

The DOJ’s court document referenced a December 22 opinion and order, in which Judge Boasberg instructed the Trump administration to submit a plan by January 5, 2026. This plan should either facilitate the return of the plaintiffs to the United States or provide them with hearings that meet due process requirements.

In the opinion accompanying the order, Boasberg explained that the class action plaintiffs are 137 Venezuelan men that President Donald Trump proclaimed “Alien Enemies” in March and deported to the Terrorism Confinement Center — or CECOT — in El Salvador, despite the judge’s March 15 temporary restraining order.

“Nine months ago, six Venezuelan men were hustled out of a detention center in Texas, loaded onto planes, and shipped to an infamous mega-prison in El Salvador with no explanation and no opportunity to challenge the reason for their hasty removal. On behalf of themselves and a putative class of similarly situated detainees, they have turned to the courts to vindicate their constitutional right to due process,” the judge summarized. “These efforts have precipitated multiple trips up and down the assorted tiers of the federal judiciary, complicated by their subsequent transfer to and release in their native Venezuela. After the D.C. Circuit vacated this Court’s prior preliminary injunction, Plaintiffs have again moved for an order enjoining the Government to facilitate their return to the United States to pursue their individual habeas claims.”

Boasberg not only certified the plaintiffs as a class, but also found their due process rights were violated, and he ordered the Trump administration to “facilitate their ability to obtain” a hearing, as “[o]ur law requires no less.”

The DOJ now says that, in light of the Maduro “situation,” it needs an extension to analyze how facilitating those hearings can occur.

As Law&Crime has reported, Boasberg has been pressing for answers on just how the government pushed ahead on March 15 with AEA removals of the more than 100 Venezuelans whom the government alleged were affiliated with the Tren de Aragua gang. The judge’s contempt probe is currently stalled, as it largely has been for months on end, and a D.C. Circuit Court of Appeals panel has yet to decide if he has the authority to move forward.