Summary
The United States Court of Appeals for the First Circuit partially grants the defendants' request for an immediate administrative stay pending appeal. The stay applies to paragraphs 2, 3, and 4 of the district court's preliminary-injunction order, while leaving in place the district court's stay of the Secretary's order under 5 U.S.C. § 705. The court states that it will promptly rule on the request for a stay pending appeal.
Topics
Practice areas
Questions Presented
- Whether the First Circuit should grant an immediate administrative stay of portions of the district court's preliminary injunction pending consideration of the defendants' motion for a stay pending appeal.
Holdings
- The First Circuit granted the request for an administrative stay in part, immediately staying paragraphs 2, 3, and 4 of the district court's order while leaving in place the district court's stay of the Secretary's order under 5 U.S.C. § 705.
Key quotations
“That is, the request for an immediate administrative stay of paragraphs 2, 3, and 4 of the Order is granted.”
“This administrative stay leaves in place the District Court's stay of the Secretary's Order under 5 U.S.C. § 705.”
Factual background
The district court entered a preliminary injunction concerning the Secretary's order, including a stay under 5 U.S.C. § 705. The defendants sought immediate appellate relief, while the plaintiffs opposed the motion.
Procedural history
The District Court for the District of Massachusetts entered a preliminary injunction on June 12, 2026, including paragraphs 2, 3, and 4 and a stay of the Secretary's order under 5 U.S.C. § 705. Defendants appealed and sought an emergency stay pending appeal or, alternatively, an administrative stay. The First Circuit addressed only the administrative-stay request in this order.