Supreme Court of the United States · Official docket →
Department of Homeland Security, et al. v. D. V. D., et al.
Paid petition · United States Court of Appeals for the First Circuit, No. 26-1212 · judgment September 18, 2026
Before the decision, about 18.6× 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.
Questions presented
As set by the Court in granting the application (26A406):
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Whether the district court had jurisdiction over Respondents’ claims.
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Whether the district court had authority to enter classwide declaratory relief and APA vacatur under 8 U. S. C. §1252(f)(1).
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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.
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Such other questions that the Government determines are appropriate for the proper disposition of the case.
Counsel of record
For petitioner
D. John Sauer
For respondent
Trina A. Realmuto
National Immigration Litigation Alliance
Case
Subject area
Civil Rights (estimated from the questions presented, in the Supreme Court Database’s categories)
Conference history
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Amicus briefs
2 cert-stage
Linked docket
26A406
Began as application
26A406
Order
Miscellaneous order, September 29, 2026 · Certiorari granted
Proceedings
- Oct 09 2026Record received from the United States Court of Appeals for the First Circuit. The record is electronic and is available on PACER.
- Oct 06 2026Record requested from the United States Court of Appeals for the First Circuit.
- Oct 01 2026The brief of petitioners is to be filed on or before Friday, October 23, 2026. The brief of respondents is to be filed on or before Monday, November 16, 2026. The reply brief is to be filed, and actually received by the Clerk, on or before 2 p.m., Tuesday, December 1, 2026.
- Oct 01 2026SET FOR ARGUMENT on Wednesday, December 9, 2026.
- Sep 29 2026Reply of applicant U.S. Department of Homeland Security, et al. filed.
- Sep 29 2026Application (26A406) referred to the Court.
- Sep 29 2026Petition GRANTED.
- Sep 29 2026Application (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.
- Sep 28 2026Response to application from respondent D.V.D., et al. filed.
- Sep 28 2026Brief amicus curiae of America's Future filed.
- Sep 28 2026Brief amicus curiae of Federation for American Immigration Reform filed.
- Sep 24 2026Application (26A406) for a stay, submitted to Justice Jackson.
- Sep 24 2026Petition for a writ of certiorari filed. (Response due October 29, 2026)
- Sep 24 2026Response to application (26A406) requested by Justice Jackson, due by 4 p.m. (EDT) on September 28, 2026.