Supreme Court of the United States · Official docket →
Donald J. Trump, President of the United States, et al. v. Fritz Emmanuel Lesly Miot, et al.
Paid petition · United States Court of Appeals for the District of Columbia Circuit, No. 26-5050 · judgment March 6, 2026
Before the decision, about 18.2× 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
Andrew Tauber
Bryan Cave Leighton Paisner LLP
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).
- 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 09 2026Any motion pertaining to the oral argument in these cases shall be filed on or before Monday, April 13, 2026. VIDED.
- Apr 02 2026CIRCULATED.
- Mar 27 2026SET FOR ARGUMENT on Wednesday, April 29, 2026. VIDED.
- Mar 26 2026Record received from the United States District Court for the District of Columbia. The record is electronic and is available on PACER.
- Mar 26 2026Record received electronically from the United States Court of Appeals for the District of Columbia Circuit and available with the Clerk.
- Mar 24 2026Record requested from the United States Court of Appeals for the District of Columbia Circuit.
- Mar 16 2026Response to application from respondent Fritz Emmanuel Lesly Miot, et al. filed.
- Mar 16 2026Application (25A999) referred to the Court.
- Mar 16 2026Amici brief of Former Ohio Attorneys General not accepted for filing. (To be corrected - March 24, 2026)
- Mar 16 2026Brief amici curiae of Former Ohio Attorneys General filed. (Corrected)
- Mar 16 2026Brief amicus curiae of Médecins Sans Frontières USA, Inc. filed.
- Mar 16 2026Brief amicus curiae of Springfield Neighbors United filed.
- Mar 16 2026Brief amici curiae of American Federation of Labor & Congress of Industrial Organizations, et al. filed.
- Mar 16 2026Amici brief of Local Governments and Local Government Leaders not accepted for filing. (To be corrected - March 24, 2026)
- Mar 16 2026Brief amici curiae of Local Governments and Local Government Leaders filed. (Corrected)
- Mar 16 2026Amici brief of Massachusetts, et al. not accepted for filing. (To be corrected - March 26, 2026)
- Mar 16 2026Brief amici curiae of Massachusetts, et al. filed. (Corrected)
- 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 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 12 2026Brief amicus curiae of Federation for American Immigration Reform filed.
- Mar 11 2026Application (25A999) for a stay, submitted to The Chief Justice.
- Mar 11 2026Response to application (25A999) requested by The Chief Justice, due by Noon (EDT), on Monday, March 16, 2026.