WASHINGTON — The Justice Department filed a petition to the Alien Terrorist Removal Court on Wednesday. The petition seeks the removal of an individual whose name is withheld in the single-page document posted on the court’s website.

The filing marks the first time the court has received an application or conducted a hearing since its creation. The Alien Court was established in 1996 under the Antiterrorism and Effective Death Penalty Act of 1996.

A hearing on the petition was held on Thursday. Joan Ericksen is the chief judge of the five-member Alien Court. Ericksen is a federal judge in Minnesota.

Ericksen directed the Justice Department to provide more information by Wednesday. "The answers persuaded the Court that the Government could benefit from the opportunity for more thoughtful consideration," Ericksen said.

If an application is granted, the Alien Court must hold a public hearing at which the government has the burden to prove that the individual satisfies the definition of an “alien terrorist.” Federal law states that an individual could qualify as an “alien terrorist” by having “engaged in a terrorist activity,” endorsing or espousing terrorist activities, or belonging to a political or social group that encourages terrorist activity.

The statutory criteria under 8 USC 1533 require the government to prove that the alien is an alien terrorist, physically present in the United States, and that removal under other legal means would pose a risk to national security. The application for removal must include a certification by the Attorney General or Deputy Attorney General that it meets the criteria outlined in 8 USC 1533.

Alien Court ordered the Justice Department to submit additional factual and legal analysis by July 22, 2026, to satisfy its statutory obligations regarding the petition. Alien Court is a United States Article III court.