| Decision
Retaining Syria TPS 2d Circuit
Denied Stay Now Emergency
Appeal to Supreme Court
by
Matthew Russell Lee, Patreon Book
Substack
SDNY
COURTHOUSE,
Feb 26 –
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: "it is
hereby ORDERED that the
Government's motion for a stay
pending appeal is DENIED."
On February 26,
an emergency appeal to the
Supreme Court: "This Court
should at a minimum stay the
order of the United States
DistrictCourt for the Southern
District of New York pending
the resolution of the
govern-ment’s appeal to the
United States Court of Appeals
for the Second Circuit and
anyproceedings in this Court.
This Court should also
construe this application as a
peti-tion for a writ of
certiorari before judgment and
grant the
petition.Respectfully
submitted. D. JOHN SAUER
Solicitor General."
More on Substack
here
The case is Doe
v. Noem, et al., 1:25-cv-8686
(Failla)
***
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