The appellate court remanded the decision back to the lower court to “align” with Supreme Court precedent.
A panel of the First Circuit U.S. Court of Appeals overturned the administrative pauses by district court judges on the Department of Homeland Security’s termination of Temporary Protected Status (TPS) for foreign nationals from South Sudan and Ethiopia. The circuit panel cited the Supreme Court’s ruling, authored by Justice Samuel Alito, that found the TPS statute does not allow federal courts to review nonconstitutional claims.
“Mullin [v. Doe] held that ‘the TPS statute’s judicial-review bar applies to all non-constitutional claims’ challenging the Secretary of Homeland Security’s determination with respect to the termination of a TPS designation. … Claims of that nature were the only basis for the postponement order on appeal,” the court ruled.
“Accordingly, the government’s request for summary reversal is allowed. Its additional request for a stay pending appeal is denied as moot,” the appellate panel wrote. The higher court remanded the cases to the district courts “for further proceedings in light of and consistent with Mullin.”
As the Lord Leads, Pray with Us…
- For federal judges in the district and circuit courts to accurately interpret U.S. laws and the Constitution.
- For the judges to consider Supreme Court decisions and precedents in their rulings and opinions.
- For Secretary Mullin and DHS officials as they assess the TPS program and look to reduce the number of countries included.
Sources: Court Listener, The Federalist, Townhall, CNN
