I want to provide an important update regarding the case of John Anthony Castro. An emergency motion was previously filed with the Fifth Circuit Court of Appeals. The court denied that motion quickly—before the government was required to respond. According to information obtained from the clerk’s office, the denial occurred because the filing was labeled as an emergency motion, which typically requests action within 24 to 72 hours. The court acted within that timeframe. Following that denial, the motion was refiled in the district court through the normal procedural channel. What happened next is significant. The government did not file a response. Thirty-three days passed without opposition. A motion to expedite was then filed, arguing that the absence of a response effectively renders the motion unopposed at the district court level. The matter is now back before the Fifth Circuit on appeal. A formal brief is being submitted, and once docketed, the government will have fourteen days to respond. The legal question now centers on procedural posture: whether the government’s failure to oppose the motion at the district court level constitutes waiver or forfeiture of its arguments. If the government responds, it must address why it did not object earlier. If it does not respond, the appellate court will be reviewing a motion for release that stands unopposed. This next fourteen-day window will be critical. We will continue to monitor developments and provide updates as they unfold.

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