In a notable procedural development, the U.S. Department of Justice did not file an opposition to a motion for release submitted by John Anthony Castro in the district court, setting up a potentially consequential appellate review before the Fifth Circuit Court of Appeals.
Earlier, Castro had filed an emergency motion with the Fifth Circuit. That motion was denied before the government responded. According to communication with the clerk’s office, the denial followed standard emergency motion procedure, which typically calls for expedited rulings within 24 to 72 hours.
Afterward, Castro refiled the motion in the district court under regular procedural rules.
The government did not respond.
Thirty-three days elapsed without opposition. Castro subsequently filed a motion to expedite, arguing that the lack of response constitutes waiver and forfeiture of any arguments against his release.
The matter is now back before the Fifth Circuit on appeal. A formal appellate brief is being submitted, and once docketed, the government will have fourteen days to file a response.
At issue is whether the government’s silence at the district court level impacts its ability to oppose release on appeal. Legal analysts note that appellate courts generally review issues preserved below, making the procedural history central to the court’s consideration.
A ruling is expected following the government’s response window.
This case continues to raise procedural and constitutional questions that may have broader implications depending on how the appellate court rules.
Submitted by
Renaldo C. McKenzie, Editor-In-Chief