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Docket for 26A406
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No. 26A406
 
Title: Department of Homeland Security, et al., Applicants
v.
D. V. D., et al.
Docketed: September 24, 2026
Linked with: 26-426
Lower Ct: United States Court of Appeals for the First Circuit
   Case Numbers: (26-1212)
 
Proceedings and Orders
Sep 24 2026 Application (26A406) for a stay, submitted to Justice Jackson.
Main Document Other Proof of Service
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 Amicus brief of America's Future submitted.
Main Document Proof of Service
Sep 28 2026 Amicus brief of Federation for American Immigration Reform submitted.
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 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.
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: U.S. Department of Homeland Security, et al.


Attorneys for Respondents
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.


Trina A. Realmuto
Counsel of Record
National Immigration Litigation Alliance
10 Griggs Terrace
Brookline, MA 02446
trina@immigrationlitigation.org
Ph: 6178194447
Party name: D.V.D., et al.


Other Attorneys
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

 

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