Supreme Court of the United States · Official docket →
Department of Homeland Security, et al., Applicants v. D. V. D., et al.
Application · United States Court of Appeals for the First Circuit, No. 26-1212
Application granted · September 29, 2026
Counsel of record
For petitioner
D. John Sauer
Solicitor General
For respondent
Trina A. Realmuto
National Immigration Litigation Alliance
Proceedings
- Sep 29 2026Reply of applicant U.S. Department of Homeland Security, et al. filed.
- Sep 29 2026Application (26A406) referred to the Court.
- 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 2026Response to application (26A406) requested by Justice Jackson, due by 4 p.m. (EDT) on September 28, 2026.