Reference

Decisions

Decisions on one question: Stay pending appeal.

These are the decisions in the register tagged with this issue. A decision often answers more than one question, so the same case may appear under more than one heading. Show the whole register instead.

1st Cir. March 16, 2026

The court granted the government’s emergency motion for a stay pending appeal of the district court’s 25 February 2026 judgment setting aside the third-country removal policy, so that the judgment does not take effect while the appeal proceeds. Judge Montecalvo would have denied the stay. The order sets an expedited briefing schedule and directs the parties to address two questions: the significance of 8 U.S.C. § 1252(e) for the government’s contention that the district court lacked authority to set aside the March 2025 guidance, and whether the appeal as to class members ineligible for statutory withholding under 8 U.S.C. § 1231(b)(3) can be resolved without reaching procedural due process under the Fifth Amendment. The court stated it intends to hold oral argument soon after briefing.

Notice Third-country designation Class relief Jurisdiction Stay pending appeal

Caution A stay order, not a decision on the merits. It leaves the district court’s reasoning intact but unenforceable while the appeal is pending. The appeal remained live as of 1 September 2026, when the appellees filed a citation of supplemental authorities under Fed. R. App. P. 28(j).

This register lists decisions the Coalition has read. It is not a complete list of decisions on these questions, and a decision listed here may have been appealed, stayed, or superseded since it was entered. Follow the link on each entry for the court's own text.