Following the Ninth Circuit’s April 18 order denying the federal government’s request to stay Judge Chen’s order, the government requested an emergency stay from the Supreme Court on May 1. On May 8, Plaintiffs filed their opposition to the government’s application for a stay.
On May 19, the Supreme Court granted the government’s application for a stay pending the appeal at the Ninth Circuit, temporarily blocking Judge Chen’s order and allowing the government’s termination of Venezuelan TPS to move forward.
The case returned to the district court, where Judge Chen eventually issued a final judgment on the merits on September 5, holding that the administration’s actions in terminating Venezuelan TPS were unlawful. The federal government promptly asked the Ninth Circuit to stay Judge Chen’s order; when the Ninth Circuit denied this request, the government made the same emergency request to the Supreme Court on the Court’s shadow docket.
On October 3, the Court issued a short, unsigned opinion granting the federal government’s request to pause Judge Chen’s order, allowing the administration to terminate Venezuelan TPS. The federal government’s appeal of the case’s merits will still proceed at the Ninth Circuit and could eventually reach the Supreme Court, but unless and until that happens and the Supreme Court issues a final decision on the merits, the Court’s October 3rd stay order means that the administration’s termination of Venezuelan TPS will remain in effect.
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- 05/19/2025
- 05/01/2025
