The Court granted the government’s application and stayed “The February 25, 2026 order and judgment of the United States District Court for the District of Massachusetts, case No. 1:25-cv-10676.” It treated the application as a petition for certiorari, granted it, and directed the parties to brief and argue: “(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 order states: “The stay shall terminate upon the sending down of the judgment of this Court.” It gives no reasons. The record before the Court included sworn declarations of class members, cited in the class’s opposition, describing chain refoulement from third countries. One is the declaration of an Iranian man holding withholding of removal, flown by ICE to Nicaragua in October 2025 and put on a flight to Tehran through Venezuela, who escaped in transit in Istanbul (district court ECF 233-18). The government’s application and reply do not mention that declaration.
Caution An order granting a stay and certiorari, without reasons. It decides nothing on the merits; the questions are to be argued on 9 December 2026. According to the parties’ Supreme Court filings, the First Circuit had largely affirmed the district court’s judgment on 18 September 2026 (No. 26-1212) and dissolved its own stay pending appeal on 23 September 2026. The earlier stay of the April 2025 injunction, of 23 June 2025, is registered separately.
D.V.D. class action Third-country removal Notice Section 1252(f)(1) Class relief Jurisdiction CAT Withholding of removal Stay pending appeal Chain refoulement
The court's own text
Read from the Supreme Court’s docket for No. 26A406 and from the application, the opposition and the reply filed there.
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