| 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 | |
| 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 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. |