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Docket for 25A326

No. 25A326

Title:	Kristi Noem, Secretary, Department of Homeland Security, et al., Applicants v. National TPS Alliance, et al.
Docketed:	September 19, 2025
Lower Ct:	United States Court of Appeals for the Ninth Circuit
Case Numbers:	(25-5724)

Proceedings and Orders

Sep 19 2025

Application (25A326) for a stay, submitted to Justice Kagan.
Main Document Lower Court Orders/Opinions Proof of Service

Sep 19 2025

Opposition to Request for Immediate Administrative Stay filed.
Main Document Other Proof of Service

Sep 22 2025

Response to application (25A326) requested by Justice Kagan, due by 4 p.m. (EDT), on September 29, 2025.

Sep 26 2025

Brief amicus curiae of Immigration Law Scholars filed.
Main Document Proof of Service

Sep 29 2025

Response to application from respondent National TPS Alliance, et al. filed.
Main Document Proof of Service

Sep 29 2025

Brief amicus curiae of Members of Congress filed.
Main Document Proof of Service

Sep 29 2025

Brief amicus curiae of Haitian TPS Holders filed.
Main Document Proof of Service

Sep 29 2025

Brief amicus curiae of Economists filed.
Main Document Proof of Service

Sep 30 2025

Reply of applicant Kristi Noem, et al. filed.
Reply Proof of Service

Oct 03 2025

Supplemental brief of respondent National TPS Alliance, et al. filed.
Main Document Proof of Service

Oct 03 2025

Application (25A326) referred to the Court.

Oct 03 2025

In March of this year, the United States District Court for the Northern District of California entered a preliminary order postponing the effective date of the Secretary of Homeland Security’s decision to remove “temporary protected status” (TPS) from Venezuelan nationals living in the United States. See 8 U. S. C. §1254a; 5 U. S. C. §705. In May, this Court stayed that order while the Government appealed. The United States Court of Appeals for the Ninth Circuit ultimately affirmed the District Court’s preliminary order. Last month, the District Court entered final judgment in respondents’ favor, holding unlawful and setting aside the Secretary’s actions effectuating her decision—namely, her vacatur of a pending extension of TPS for Venezuelan nationals, and her termination of that status itself. See 5 U. S. C. §706(2). (The District Court also concluded that the Secretary unlawfully vacated a TPS extension for Haitian nationals. The Government now seeks to stay the portions of the District Court’s judgment pertaining to Venezuela, but not Haiti. See Application 7, n. 6.) The application for stay presented to Justice Kagan and by her referred to the Court is granted. Although the posture of the case has changed, the parties’ legal arguments and relative harms generally have not. The same result that we reached in May is appropriate here. The September 5, 2025 order entered by the United States District Court for the Northern District of California, case No. 25–cv–1766, is stayed as to the Venezuela vacatur and Venezuela termination, pending the disposition of the Government’s appeal in the United States Court of Appeals for the Ninth Circuit and disposition of a petition for a writ of certiorari, if such writ is timely sought. Should the petition for a writ of certiorari be denied, this stay shall terminate automatically. In the event certiorari is granted, the stay shall terminate upon the sending down of the judgment of this Court. Justice Sotomayor and Justice Kagan would deny the application. Justice Jackson dissents. (Detached Opinion)

Attorneys

Attorneys for Petitioners

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: Kristi Noem, et al.

Attorneys for Respondents

Ahilan T. Arulanantham
Counsel of Record

U.C.L.A. School of Law
385 Charles Young Drive East
Los Angeles, CA 90095
ARULANANTHAM@LAW.UCLA.EDU
Ph: (310) 825-1029
Party name: National TPS Alliance et al.

Other Attorneys

Robert Seungchul Chang
Counsel of Record

Fred T. Korematsu Center for Law and Equality
UC Irvine School of Law
401 E. Peltason Drive
Irvine, CA 92697
rchang@law.uci.edu
Ph: 2063905676
Party name: Members of Congress

Anne Lai
Counsel of Record

UC Irvine School of Law
401 E. Peltason Dr.
Irvine, CA 92697-8000
alai@law.uci.edu
Ph: (949) 824-9894
Party name: Immigration Law Scholars

Vincent Gregory Levy
Counsel of Record

Holwell Shuster & Goldberg, LLP
425 Lexington Avenue
14th Floor
New York, NY 10017
VLEVY@HSGLLP.COM
Ph: 212-837-5151
Party name: Economists

Andrew Tauber
Counsel of Record

Bryan Cave Leighton Paisner LLP
1155 F St NW
Suite 700
Washington, DC 20008
andrew.tauber@bclplaw.com
Ph: 202-508-6111
Party name: Haitian TPS Holders