Supreme Court of the United States · Official docket →
Markwayne Mullin, Secretary, Department of Homeland Security, et al. v. Dahlia Doe, et al.
Paid petition · United States Court of Appeals for the Second Circuit, No. 25-2995 · judgment February 17, 2026
Decided · June 25, 2026
Pre-decision estimate: 63% cert probability (95% interval 50%–74%)
Before the decision, about 15.3× the 4.1% base rate. The model weighted this up for a federal-government petitioner, a petition filed soon after the judgment below, and counsel who has won certiorari before.
Question presented
If the Court grants certiorari before judgment, the Court should review the following questions: (1) whether the judicial-review bar in the TPS statute, 8 U.S.C. 1254a(b)(5)(A), precludes respondents' APA claims; and (2) if reviewable, whether respondents' APA claims nonetheless fail on the merits. CONSIDERATION OF THE APPLICATION FOR STAY (25A952) PRESENTED TO JUSTICE SOTOMAYOR AND BY HER REFERRED TO THE COURT IS DEFERRED. CONSIDERATION OF THE APPLICATION FOR STAY (25A999) PRESENTED TO THE CHIEF JUSTICE AND BY HIM REFERRED TO THE COURT IS ALSO DEFERRED. THE APPLICATIONS ARE ALSO TREATED AS PETITIONS FOR A WRIT OF CERTIORARI BEFORE JUDGMENT (25-1083, 25-1084), AND THE PETITIONS ARE GRANTED. THE CASES ARE CONSOLIDATED, AND A TOTAL OF ONE HOUR IS ALLOTTED FOR ORAL ARGUMENT.
Counsel of record
For petitioner
D. John Sauer
Solicitor General
For respondent
Ahilan T. Arulanantham
UCLA SCHOOL OF LAW
Argument & decision
Argued April 29, 2026 — D. John Sauer · Ahilan T. Arulanantham · Geoffrey M. Pipoly. Audio and transcript
Decided June 25, 2026. Opinion by Alito.
Proceedings
- Jul 27 2026Judgment Issued.
- Jun 30 2026Application for stay denied as moot.
- Jun 25 2026Judgment REVERSED and case REMANDED. Alito, J., announced the judgment of the Court and delivered the opinion of the Court except as to Part III–A. Roberts, C. J., and Thomas and Kavanaugh, JJ., joined that opinion in full, and Gorsuch and Barrett, JJ., joined except for Part III–A. Thomas, J., filed a concurring opinion. Kagan, J., filed a dissenting opinion, in which Sotomayor and Jackson, JJ., joined. VIDED.
- Jun 25 2026Motion to dismiss the writ of certiorari as improvidently granted DENIED (as to 25-1084).
- Jun 19 2026Reply in support of motion to dismiss the writ as improvidently granted filed (as to 25-1084).
- Jun 17 2026Response to motion from petitioners Markwayne Mullin, et al. filed (as to 25-1084). (Distributed)
- Jun 16 2026Motion to dismiss the writ of certiorari as improvidently granted filed by respondents Fritz Emmanuel Lesly Miot, et al. (as to 25-1084). (Distributed)
- Apr 29 2026Argued. For petitioners: D. John Sauer, Solicitor General, Department of Justice, Washington, D. C. For respondents in 25-1083: Ahilan T. Arulanantham, Los Angeles, Cal. For respondents in 25-1084: Geoffrey M. Pipoly, Chicago, Ill. VIDED.
- Apr 20 2026Reply of petitioners filed. VIDED. (Distributed)
- Apr 17 2026Motion for leave to file the joint appendix in an 8 1/2- by 11-inch format GRANTED.
- Apr 17 2026Motion of respondents for divided argument and for enlargement of time for oral argument GRANTED IN PART, a total of 80 minutes is allotted, and the time is divided as follows: 40 minutes for petitioners, 20 minutes for respondents in No. 25-1083, and 20 minutes for respondents in No. 25-1084. VIDED.
- Apr 13 2026Brief of respondents Dahlia Doe, et al. filed (as to 25-1083). (Distributed)
- Apr 13 2026Brief of Fritz Emmanuel Lesly Miot, et al. not accepted for filing. (To be resubmitted - April 16, 2026)
- Apr 13 2026Brief of respondents Fritz Emmanuel Lesly Miot, et al. filed (as to 25-1084). (Resubmitted). (Distributed)
- Apr 13 2026Lodging proposal approved by the Clerk. Letter and attached material consisting of emails produced during discovery in related case received by the Clerk and lodged (as to 24-1084). (Distributed)
- Apr 13 2026Amicus brief of Haitian Lawyers Association not accepted for filing. (To be corrected - April 14, 2026)
- Apr 13 2026Amicus brief of Haitian Lawyers Association filed (Corrected). (Distributed)
- Apr 13 2026Brief amici curiae of Syrian Justice, et al. filed. VIDED. (Distributed)
- Apr 13 2026Brief amicus curiae of Haitian Women for Haitian Refugees filed (as to 25-1084). (Distributed)
- Apr 13 2026Brief amici curiae of Former Ohio State Attorneys General filed. VIDED. (Distributed)
- Apr 13 2026Brief amicus curiae of Medecins Sans Frontieres USA, Inc. d/b/a Doctors Without Borders USA filed (as to 25-1084). (Distributed)
- Apr 13 2026Brief amici curiae of Haitian American Lawyers Association of Illinois, et al. filed. VIDED. (Distributed)
- Apr 13 2026Brief amici curiae of Local Governments, et al. filed. VIDED. (Distributed)
- Apr 13 2026Brief amici curiae of American Federation of Labor & Congress of Industrial Organizations, et al. filed. VIDED. (Distributed)
- Apr 13 2026Brief amici curiae of National TPS Alliance, et al. filed. VIDED. (Distributed)
- Apr 13 2026Brief amici curiae of Howard University School of Law Civil Rights Clinic, et al. filed. VIDED. (Distributed)
- Apr 13 2026Brief amici curiae of Administrative Law Professor Adam B. Cox, et al. filed. VIDED. (Distributed)
- Apr 13 2026Brief amici curiae of Massachusetts, et al. filed. VIDED. (Distributed)
- Apr 13 2026Brief amici curiae of American Immigration Lawyers Association, et al. filed. VIDED. (Distributed)
- Apr 13 2026Brief amici curiae of Immigration Law Scholars filed. VIDED. (Distributed)
- Apr 13 2026Brief amici curiae of Members of Congress filed. VIDED. (Distributed)
- Apr 13 2026Brief amici curiae of NAACP Legal Defense and Educational Fund, Inc., et al. filed (as to 25-1084). VIDED. (Distributed)
- Apr 13 2026Brief amicus curiae of Project Rousseau filed. VIDED. (Distributed)
- Apr 13 2026Brief amici curiae of Economists filed. VIDED. (Distributed)
- Apr 13 2026Brief amici curiae of National Immigration Law Center, et al. filed. VIDED. (Distributed)
- Apr 13 2026Brief amici curiae of Faith in Action, et al. filed. VIDED. (Distributed)
- Apr 13 2026Amicus brief of Springfield Neighbors United not accepted for filing. (April 17, 2026 - To be corrected.)
- Apr 13 2026Brief amicus curiae of Springfield Neighbors United filed (as to 25-1084). (Corrected) (Distributed)
- Apr 13 2026Brief amici curiae of Sinai Residences, et al. filed. VIDED. (Distributed)
- Apr 13 2026Amicus brief of Former Senior Government Officials not accepted for filing. (April 20, 2026 - To be resubmitted.)
- Apr 13 2026Brief amici curiae of Former Senior Government Officials filed. (Resubmitted) VIDED. (Distributed)
- Apr 09 2026Any motion pertaining to the oral argument in these cases shall be filed on or before Monday, April 13, 2026. VIDED.
- Apr 09 2026Letter regarding discovery documents of Fritz Emmanuel Lesly Miot, et al. not accepted for filing. (April 09, 2026 - Corrected filing and type to be submitted.)
- Apr 09 2026Proposal of respondents to lodge copies of material produced by the government during discovery in a related case cited to in respondents' brief on the merits filed (as to 25-1084). (Corrected - April 9, 2026). (Distributed)
- Apr 07 2026Motion for divided argument and for enlargement of time for oral argument filed by respondents. VIDED.
- Apr 02 2026CIRCULATED.
- Mar 30 2026Brief of petitioners filed. VIDED.
- Mar 30 2026Joint appendix (2 volumes) filed. VIDED.
- Mar 30 2026Record notification received from the United States District Court for the Southern District of New York. The record is electronic and is available on PACER.
- Mar 30 2026Brief amicus curiae of Senator Ted Cruz filed. VIDED. (Distributed)
- Mar 30 2026Brief amici curiae of Iowa, et al. filed. VIDED. (Distributed)
- Mar 30 2026Amicus brief of Sinai Residences and LeadingAge Southeast not accepted for filing. (March 30, 2026 - Incorrect submission.)
- Mar 30 2026Brief amici curiae of America's Future, et al. filed. VIDED. (Distributed)
- Mar 27 2026Record received electronically from the United States Court of Appeals for the Second Circuit and available with the Clerk.
- Mar 27 2026SET FOR ARGUMENT on Wednesday, April 29, 2026. VIDED.
- Mar 27 2026Brief amicus curiae of Federation for American Immigration Reform filed. VIDED.
- Mar 24 2026Record requested from the United States Court of Appeals for the Second Circuit.
- Mar 23 2026Motion for leave to file the joint appendix in an 8 1/2- by 11-inch format filed by petitioners. VIDED.
- Mar 16 2026Application (25A952) referred to the Court.
- Mar 16 2026Consideration of the application for stay (25A952) presented to Justice Sotomayor and by her referred to the Court is deferred. Consideration of the application for stay (25A999) presented to The Chief Justice and by him referred to the Court is also deferred. The applications are also treated as petitions for a writ of certiorari before judgment (25-1083, 25-1084), and the petitions are GRANTED. The cases are consolidated, and a total of one hour is allotted for oral argument. The cases will be heard during the second week of the April 2026 argument session. Petitioners’ brief on the merits, and any amicus curiae briefs in support or in support of neither party, are to be filed on or before Monday March 30, 2026. Respondents’ briefs on the merits and any amicus curiae briefs in support, are to be filed on or before Monday, April 13, 2026. The reply brief, if any, is to be filed on or before Monday, April 20, 2026.
- Mar 16 2026Because the Court has consolidated these cases for briefing and oral argument, future filings and activity in the cases will now be reflected on the docket of No. 25-1083. Subsequent filings in these cases must therefore be submitted through the electronic filing system in No. 25-1083. Each document submitted in connection with one or more of these cases must include on its cover the case number and caption for each case in which the filing is intended to be submitted. Where a filing is submitted in fewer than all of the cases, the docket entry will reflect the case number(s) in which the filing is submitted; a document filed in all of the consolidated cases will be noted as “VIDED.”
- Mar 09 2026Letter from Applicant filed.
- Mar 06 2026Reply of applicant Kristi Noem, Secretary of Homeland Security, et al. filed.
- Mar 06 2026Brief amicus curiae of Haitian TPS Holders filed.
- Mar 05 2026Response to application from respondent Dahlia Doe, et al. filed.
- Mar 05 2026Brief amicus curiae of Former Federal and State Judges filed.
- Mar 04 2026Brief amicus curiae of Federation for American Immigration Reform filed.
- Feb 26 2026Application (25A952) for a stay pending appeal, submitted to Justice Sotomayor.
- Feb 26 2026Response to application (25A952) requested by Justice Sotomayor, due by 4:00 p.m. (EST) on March 5, 2026.