The DOJ is asking the full 5th Circuit U.S. Court of Appeals and its conservative majority to find that two judges wrongly "failed" to defer to President Donald Trump on his determinations that alleged Venezuelan gang members had invaded the U.S. and should be swiftly removed from the country through his Alien Enemies Act (AEA) declaration.

In a 21-page filing Monday seeking a rehearing en banc, the DOJ asserted that a three-judge panel, except for the dissent, erroneously "invalidated" Trump's proclamation in March which designated Tren de Aragua (TdA) as a "Foreign Terrorist Organization" numbering "thousands of members" who were "conducting irregular warfare and undertaking hostile actions against the United States" and with the blessing of Venezuelan President Nicolas Maduro.

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