| On Appeal of
Decision Retaining Syria TPS
2d Circuit Denies Stay Saying
Brief Due March 11
by
Matthew Russell Lee, Patreon Book
Substack
SDNY
COURTHOUSE,
Feb 20 –
Days before the expiration of
Temporary Protected Status in
the US for people from Syria,
a court hearing was held on a
request to enjoin the
termination, before U.S.
District Court for the
Southern District of New York
Judge Katherine Polk Failla.
Inner City Press covered it
live, on BlueSky here
Judge Failla: The
Biden administration allowed
extensions on Haiti and
Venezuela. I'm not sure how I
can consider what's happened
in Venezuela and Haiti except
as a history of this
Administration's treatment of
TPS. Plaintiffs' lawyer:
There's South Sudan... The
Vice President says there
would be no more TPS writ
large only case by case... The
Secretary has terminated TPS
each time it has come up. That
is not an objective review.
There are other deviations, in
this Trump
administration
Plaintiffs'
lawyer: These are no
consultation on Nicaragua,
Nepal, Venezuela and Cameroon.
Perhaps others. There's emails
that termination determination
had been made on Nicaragua, no
letter. On Venezuela the
letter was late
Plaintiffs'
lawyer: This was a
pre-determined decision, not
in accord with the
statute.
On November 19
Judge Failla read out her
lengthy ruling - Inner City
Press again live tweeted on
Bluesky, blocked from its main
X account with no help from X
Support. Once she ruled - to
keep Syria TPS from ending
Friday - she denied the AUSA's
request for a two week stay,
saying she hoped he
understood.
Docketed on
February 20, the US' appeal
and the Second Circuit's
denial of a stay: "ORDER of
USCA (Certified Copy) as to
[56] Notice of Interlocutory
Appeal, filed by Kristi Noem,
United States Citizenship and
Immigration Services, United
States of America, United
States Department of Homeland
Security USCA Case Number
25-2995. For the foregoing
reasons, it is hereby ORDERED
that the Government's motion
for a stay pending appeal is
DENIED. The current time frame
by which this matter will
advance to a merits panel for
resolution of the appeal
reflects the Government's
choice to proceed on a
non-expedited basis. Its
opening brief is currently due
on the date it requested:
March 11, 2026. If the
Government wishes to file its
brief sooner, it may move to
expedite the briefing
schedule. Catherine O'Hagan
Wolfe, Clerk USCA for the
Second Circuit. Certified:
2/17/2026. "
More on Substack
here
The case is Doe
v. Noem, et al., 1:25-cv-8686
(Failla)
***
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