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Noem v. National TPS Alliance

Application for stay is granted on Oct. 3, 2025. Justices Sotomayor and Kagan would deny the application. Justice Jackson wrote a dissenting opinion.

Docket No. Op. Below Argument Opinion Vote Author Term
25a326 9th Cir. Not Argued Oct 3, 2025 N/A N/A OT 2025

Issue: Whether the Supreme Court should stay the district court's order barring the Secretary of Homeland Security from terminating a portion of the Temporary Protected Status designations for Venezuelan nationals.

Judgment: Application for stay granted on October 3, 2025. Justices Sotomayor and Kagan would deny the application. Jackson Jackson wrote a dissenting opinion.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
09/19/2025Application (25A326) for a stay, submitted to Justice Kagan.
09/19/2025Opposition to Request for Immediate Administrative Stay filed.
09/22/2025Response to application (25A326) requested by Justice Kagan, due by 4 p.m. (EDT), on September 29, 2025.
09/26/2025Brief amicus curiae of Immigration Law Scholars filed.
09/29/2025Response to application from respondent National TPS Alliance, et al. filed.
09/29/2025Brief amicus curiae of Members of Congress filed.
09/29/2025Brief amicus curiae of Haitian TPS Holders filed.
09/29/2025Brief amicus curiae of Economists filed.
09/30/2025Reply of applicant Kristi Noem, et al. filed.
10/03/2025Supplemental brief of respondent National TPS Alliance, et al. filed.
10/03/2025Application (25A326) referred to the Court.
10/03/2025In 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)