Svitlana Doe v. Noem (Humanitarian Parole) - Court of Appeals

The federal government has appealed an order from Judge Talwani staying (blocking from going into effect) a Federal Register Notice that would have prematurely terminated all existing authorized grants of parole under the Parole Processes for Cubans, Haitians, Nicaraguans, and Venezuelans (CHNV) as of April 24, 2025. The federal government also asked the First Circuit Court of Appeals to stay (pause) the district court’s order while the parties litigate the appeal. On May 5, the First Circuit denied the request to stay Judge Talwani’s order. The federal government promptly elevated to the Supreme Court its request for a stay of Judge Talwani’s order while the appeal is litigated.

Although the case below involves plaintiffs and claims relating to multiple established parole processes, including the CHNV, Uniting 4 Ukraine, Operations Allies Welcome, Family Reunification Parole, Central American Minors, and Military Parole in Place processes, this appeal concerns only the district court’s April 14, 2025 order staying the Federal Register Notice that would have ended all grants of CHNV parole as of April 24, 2025. The plaintiffs have moved for preliminary injunctive relief on behalf of non-CHNV beneficiary plaintiffs and sponsors and similarly situated members of a proposed class, but the district court has not yet ruled on that motion.

On May 30, 2025, the Supreme Court granted the federal government’s stay request pending appeal, allowing the Federal Register Notice terminating grants of CHNV parole to go into effect. As a result of the Supreme Court’s decision, more than 400,000 CHNV parole beneficiaries have instantly lost legal status in the single largest mass de-legalization event in U.S. history. This order will stand until the appeal process is complete at the First Circuit Court of Appeals and disposition of a petition for writ of certiorari before the Supreme Court is reached.

On May 30, 2025, the First Circuit set an expedited briefing schedule upon request by the parties. Briefing concluded on July 2 and oral argument was heard on July 29. On September 12, the First Circuit vacated (cancelled) the district court’s order and remanded (sent it back to the lower court), holding that the administration’s early termination of CHNV parole was likely lawful. Because of the Supreme Court’s May 30 stay decision, the First Circuit’s decision creates no change for CHNV parole beneficiaries with regard to their parole status or work authorization.