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A three judge panel of the U.S. Court of International Trade on Wednesday held that the International Emergency Economic Powers Act (IEEPA) does not authorize Trump’s tariffs. The U.S. Court of Appeals for the Federal Circuit on Thursday stayed the lower court’s ruling. (Judgment.) (Opinion.) (Stay.)
Judge Rudolph Contreras (D.D.C.) on Thursday also held that IEEPA does not authorize Trump’s tariffs and denied the government’s motion to transfer the case to the Court of International Trade. The government appealed the ruling to the D.C. Circuit Court of Appeals. (Order.) (Opinion.)
Judge Michael Farbiarz (D.N.J.) on Wednesday held that Mahmoud Khalil is likely to succeed on his claim that Secretary of State Marco Rubio’s determination that Khalil’s continued presence or activity in the U.S. would “compromise a compelling foreign policy interest” is unconstitutional as applied. But Khalil will remain in detention while the court adjudicates a claim by the government relating to Khalil’s alleged failure to accurately complete his lawful-permanent-resident application. (Order and opinion.)
Judge Indira Talwani (D.Mass.) on Wednesday stayed the government’s suspension of the adjudication of parole applications for a class of noncitizens participating in certain parole programs who are seeking to remain in the United States. (Order and opinion.) (Order granting class certification.)
Judge Allison Burroughs (D.Mass.) during a Thursday hearing extended a temporary restraining order that barred the government from preventing Harvard from enrolling international students. See the TRO in a prior Roundup. (Politico.)
Following Judge Brian Murphy’s (D.Mass.) order to return a man who had been deported to Mexico and then sent to Guatemala, the Justice Department said it was taking steps to comply with the order. See Judge Murphy’s order in a prior Roundup. (DOJ filing.) (NYT.)
Secretary Rubio said that the United States will seek to “aggressively revoke” visas of Chinese students. (NYT.)
The Washington Post reported that the agreement to transfer a luxury Boeing plane from Qatar to the U.S. for use as Air Force One is not yet finalized. (WAPO.)
Pending Emergency Order Applications Involving the U.S. Government in the Supreme Court
Department of Homeland Security v. D.V.D.: Government filed application on May 27 to stay district court universal injunction barring the government from deporting individuals to third countries without providing appropriate process. Justice Jackson requested a response to the government’s application by 4:00 p.m. on June 4.
U.S. DOGE Service v. Citizens for Responsibility and Ethics in Washington: Government filed application on May 21 to stay two district court orders providing for discovery into DOGE. Plaintiff filed response on May 23. Chief Justice Roberts on May 23 stayed district court orders. Government filed reply on May 24.
Noem v. Doe: Government filed application to stay district court order that prevented the government from revoking parole and work authorizations that the government had previously granted to noncitizens from four countries. Plaintiffs filed response on May 15. Government filed reply on May 16.
Social Security Administration v. American Federation of State, County, and Municipal Employees: Government filed application on May 2 to stay district court order that required the Social Security Administration to prevent DOGE from accessing personally identifiable information held by the agency. Plaintiffs filed response on May 12. Government filed reply on May 13.
Trump v. Washington: Government filed application on March 13 to stay district court universal injunction against enforcement of Trump’s birthright citizenship executive order. Plaintiffs filed responses to application on April 4. Government filed reply on April 7. Supreme Court heard oral argument on May 15.
Trump v. New Jersey: Government filed application on March 13 to stay district court universal injunction against enforcement of Trump’s birthright citizenship executive order. Plaintiffs filed response to application on April 4. Government filed reply on April 7. Supreme Court heard oral argument on May 15.
Trump v. CASA: Government filed application on March 13 to stay district court universal injunction against enforcement of Trump’s birthright citizenship executive order. Plaintiffs filed response to application on April 4. Government filed reply on April 7. Supreme Court heard oral argument on May 15.