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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 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.
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.


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.

 

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