Summary
The United States Court of Appeals for the D.C. Circuit issued a per curiam order granting an administrative stay of a district court’s August 1, 2025 injunction. The stay temporarily permits the government to initiate expedited removal proceedings under specific federal regulations, except for former parolees continuously present in the U.S. for over two years. The court set briefing deadlines for appellees and appellants regarding the underlying emergency motion for a stay pending appeal, clarifying that this interim order does not constitute a ruling on the merits.
Topics
Practice areas
Questions Presented
- Whether the district court’s August 1, 2025 order may be administratively stayed pending appeal.
Holdings
- The district court’s August 1, 2025 order is administratively stayed pending further order of this court, except to the extent the order prohibits the government from applying expedited removal to former parolees who have been continuously present in the United States for longer than two years.
Key quotations
“Upon consideration of the emergency motion for a stay pending appeal, which includes a request for an immediate administrative stay, it is ORDERED that the district court’s August 1, 2025 order be administratively stayed pending further order of the court insofar as it may have the effect of precluding the government from initiating expedited removal proceedings pursuant to 8 C.F.R. §§ 1.2 and 235.3(b)(1)(i). However, this administrative stay does not apply insofar as the district court’s order prohibits the government from applying expedited removal to former parolees who have been continuously present in the United States for longer than two years.”
Factual background
The district court ordered that the government could not initiate expedited removal proceedings against certain individuals. The appellants sought to stay that order pending appeal, arguing it would preclude the government from applying expedited removal under 8 C.F.R. §§ 1.2 and 235.3(b)(1)(i).
Procedural history
The district court entered an order on August 1, 2025. The appellants filed an appeal and moved for an emergency stay of that order. The D.C. Circuit considered the motion and issued this order.