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Docket for 26-426
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No. 26-426
 
Title: Department of Homeland Security, et al., Petitioners
v.
D. V. D., et al.
Docketed: September 29, 2026
Linked with: 26A406
Lower Ct: United States Court of Appeals for the First Circuit
   Case Numbers: (26-1212)
   Decision Date: September 18, 2026
Questions Presented
 
Proceedings and Orders
Sep 24 2026 Application (26A406) for a stay, submitted to Justice Jackson.
Main Document Other Proof of Service
Sep 24 2026 Petition for a writ of certiorari filed. (Response due October 29, 2026)
Sep 24 2026 Response to application (26A406) requested by Justice Jackson, due by 4 p.m. (EDT) on September 28, 2026.
Sep 28 2026 Response to application from respondent D.V.D., et al. filed.
Main Document Proof of Service
Sep 28 2026 Brief amicus curiae of America's Future filed.
Main Document Proof of Service
Sep 28 2026 Brief amicus curiae of Federation for American Immigration Reform filed.
Main Document Proof of Service
Sep 29 2026 Reply of applicant U.S. Department of Homeland Security, et al. filed.
Reply Proof of Service
Sep 29 2026 Application (26A406) referred to the Court.
Sep 29 2026 Petition GRANTED.
Sep 29 2026 Application (26A406) for stay presented to Justice Jackson and by her referred to the Court is granted. The February 25, 2026 order and judgment of the United States District Court for the District of Massachusetts, case No. 1:25-cv-10676, are stayed. The application is also treated as a petition for a writ of certiorari, and the petition is granted (case No. 26-426). The parties are directed to brief and argue the following questions: (1) Whether the district court had jurisdiction over Respondents’ claims. (2) Whether the district court had authority to enter classwide declaratory relief and APA vacatur under 8 U. S. C. §1252(f)(1). (3) Whether the Government’s Guidance on third-country removals is unlawful under 8 U. S. C. §1231(b), the Due Process Clause, or FARRA/CAT and its implementing regulations. (4) Such other questions that the Government determines are appropriate for the proper disposition of the case. The Clerk is directed to establish a briefing schedule that will allow the case to be argued in the December 2026 argument session. The stay shall terminate upon the sending down of the judgment of this Court. Justice Sotomayor, Justice Kagan, and Justice Jackson would deny the application for stay.
Oct 01 2026 The brief of petitioners is to be filed on or before Friday, October 23, 2026. The brief of respondents is to be filed on or before Monday, November 16, 2026. The reply brief is to be filed, and actually received by the Clerk, on or before 2 p.m., Tuesday, December 1, 2026.
Oct 01 2026 SET FOR ARGUMENT on Wednesday, December 9, 2026.
Oct 06 2026 Record requested from the United States Court of Appeals for the First Circuit.
Oct 09 2026 Record received from the United States Court of Appeals for the First Circuit. The record is electronic and is available on PACER.
Oct 23 2026 Brief for the petitioners filed.
Main Document Proof of Service
Oct 23 2026 Joint appendix filed.
Main Document Proof of Service
Oct 27 2026 CIRCULATED.
Oct 29 2026 Sealed material received electronically from the United States District Court for the District of Massachusetts and available with the Clerk. The remainder of the record is electronic and is available on PACER.
Oct 30 2026 Brief amici curiae of Professor Philip Hamburger, et al. in support of neither party filed. (Distributed)
Main Document Certificate of Word Count Proof of Service
Oct 30 2026 Brief amici curiae of Iowa, et al. filed. (Distributed)
Main Document Certificate of Word Count Proof of Service
Oct 30 2026 Brief amicus curiae of Federation for American Immigration Reform filed. (Distributed)
Main Document Certificate of Word Count Proof of Service
Oct 30 2026 Brief amicus curiae of America's Future filed. (Distributed)
Main Document Certificate of Word Count Proof of Service
Attorneys
Attorneys for Petitioners
D. John Sauer
Counsel of Record
U.S. Department of Justice
950 Pennsylvania Avenue, NW
Washington, DC 20530
Ph: 202-514-2217
Party name: Department of Homeland Security, et al.


D. John Sauer
Counsel of Record
Solicitor General
United States Department of Justice
950 Pennsylvania Avenue, NW
Washington, DC 20530-0001
SUPREMECTBRIEFS@USDOJ.GOV
Ph: 202-514-2217
Party name: United States


Attorneys for Respondents
Trina A. Realmuto
Counsel of Record
National Immigration Litigation Alliance
10 Griggs Terrace
Brookline, MA 02446
trina@immigrationlitigation.org
Ph: 617-819-4447
Party name: D. V. D., et al.


Matthew Hyrum Adams
Northwest Immigrant Rights Project
615 Second Avenue
Suite 400
Seattle, WA 98104
matt@nwirp.org
Ph: 206-957-8611
Party name: D. V. D., et al.


Other Attorneys
Markham Sterling Chenoweth
Counsel of Record
New Civil Liberties Alliance
4250 N. Fairfax Dr.
Suite 300
Arlington, VA 22203
mark.chenoweth@ncla.legal
Ph: (202) 869-5210
Party name: Professor Philip Hamburger and The New Civil Liberties Alliance


Christopher J. Hajec
Counsel of Record
Federation for American Immigration Reform
25 Massachusetts Avenue NW, Suite 330
Washington, DC 20001
chajec@fairus.org
Ph: 202-328-7004
Party name: Federation for American Immigration Reform


William Jeffrey Olson
Counsel of Record
William J. Olson, P.C.
370 Maple Ave. W., Suite 4
Vienna, VA 22180
WJO@MINDSPRING.COM
Ph: 7033565070
Party name: America's Future


Eric Harris Wessan
Counsel of Record
Iowa Attorney General' s Office
1305 E Walnut St. Second Floor
Des Moines, IA 50319
wessan.eric@gmail.com
Ph: 5158239117
Party name: Iowa and 20 Other States

 

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