Coalition for Humane Immigrant Rights v. Kristi Noem, in her official capacity as Secretary of Homeland Security

U.S. Court of Appeals for the D.C. Circuit

Coalition for Humane Immigrant Rights v. Kristi Noem, in her official capacity as Secretary of Homeland Security

Opinion

                 United States Court of Appeals
                            FOR THE DISTRICT OF COLUMBIA CIRCUIT
                                     ____________
No. 25-5289                                                September Term, 2024
                                                                      1:25-cv-00872-JMC
                                                      Filed On: August 18, 2025
Coalition for Humane Immigrant Rights, et al.,

              Appellees

       v.

Kristi Noem, in her official capacity as
Secretary of Homeland Security, et al.,

              Appellants


       BEFORE:       Henderson, Childs, and Pan, Circuit Judges

ORDER

       Upon consideration of the emergency motion for a stay pending appeal, which
includes a request for an immediate administrative stay, it is

        ORDERED that the district court’s August 1, 2025 order be administratively
stayed pending further order of the court insofar as it may have the effect of precluding
the government from initiating expedited removal proceedings pursuant to 
8 C.F.R. §§ 1.2
 and 235.3(b)(1)(i). However, this administrative stay does not apply insofar as
the district court’s order prohibits the government from applying expedited removal to
former parolees who have been continuously present in the United States for longer
than two years. Appellants do not seek a stay pending appeal to the extent the district
court’s order has that effect. The purpose of this administrative stay is to give the court
sufficient opportunity to consider the emergency motion for stay pending appeal and
should not be construed in any way as a ruling on the merits of that motion or the scope
of the district court’s order. See D.C. Circuit Handbook of Practice and Internal
Procedures 33 (2025). It is
               United States Court of Appeals
                         FOR THE DISTRICT OF COLUMBIA CIRCUIT
                                  ____________
No. 25-5289                                             September Term, 2024

       FURTHER ORDERED, on the court’s own motion, that appellees file a response
to the emergency motion by August 22, 2025, and that appellants file any reply by
August 27, 2025.


                                    Per Curiam


                                                      FOR THE COURT:
                                                      Clifton B. Cislak, Clerk

                                              BY:     /s/
                                                      Lynda M. Flippin
                                                      Deputy Clerk




                                       Page 2


Reference

Status
Published