This is an appeal of the district court’s denial of Plaintiff CASA’s request for a stay (pause) of the Trump administration’s termination of TPS for Afghans and Cameroonians. Plaintiff alleges in the lower court that the government’s actions purportedly terminating TPS for Afghanistan and Cameroon violate the APA (“not in accordance with law” and “contrary to constitutional right” in violation of the Fifth Amendment guarantee of equal protection).
On July 14, the day that the appeal was docketed, Plaintiff moved for an emergency stay pending the appeal to prevent the harm of the terminations while the appeal proceeded. That same day, the Court of Appeals granted an administrative stay specifically of the termination of TPS for Afghans through July 21 and set a briefing schedule for the motion that concluded on July 17. On July 21, the Court denied Plaintiff’s motion, allowing the terminations to go into effect. Plaintiff then moved to dismiss the appeal, which was granted on July 23.
TECHNICAL SUMMARY
The Court of Appeals in denying Plaintiff’s motion stated that they agreed that Plaintiff stated a plausible claim for relief, and that the balance of equities and the public interest weigh in favor of Plaintiff. However, they denied because they found that at that procedural posture, “there is insufficient evidence to warrant the extraordinary remedy of a postponement of agency action pending appeal.”
Latest Updates
- 07/14/2025Appeal docketed