The Department of Justice has submitted its first-ever application to the Alien Terrorist Removal Court, a never-before-used court established three decades ago.

The application, filed July 15, was submitted with little public notice. Its contents remain sealed, and an accompanying cover sheet indicates the filing contains classified information.

The court’s chief judge, U.S. District Judge Joan Ericksen, a George W. Bush appointee, held a closed hearing on the matter on Thursday before ordering the Justice Department to submit a revised application.

“The government could benefit from the opportunity for more thoughtful consideration,” Ericksen wrote in a one-page order. She said she had lingering questions about the conduct attributed to the Justice Department’s target and how it fits within the statutory criteria for removing an “alien terrorist.” The government has until Wednesday to file an updated application.

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