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Make the Road New York v. Kristi Noem

No. 25-5320 Circuit · Active Active
Court
D.C. Cir.
cadc
Argued
Dec 9, 2025
Filed
Sep 5, 2025
Filed (CL)
Sep 5, 2025
CL Status
active

Case Overview

The government appealed Judge Cobb's order granting the plaintiff's motion for a stay of the agency's action which pauses the implementation of the DHS's new rule on expedited removal.

BrynoDC Coverage 1 video

TikTok
Feb 7, 2026

The Application

History

The district court found that Make the Road New York satisfied the stay factors by showing a substantial likelihood of success on their challenge to the expedited removal policy, that the policy would cause irreparable constitutional or statutory injury, and that the public interest supported pausing implementation pending judicial resolution.

The Conclusion

The stay order remains in effect, pausing implementation of the expedited removal policy while the CADC considers the government's appeal of the stay decision.

Federal Court TMR-b0760427 Expedited Removal Policy <br> Appeal of 1:25-cv-00190 May 18, 2026
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