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Wednesday, November 4, 2026
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United States · Legal News

Ninth Circuit Denies Government Stay in TPS Case

The panel refused to suspend a preliminary injunction when the Supreme Court’s present stay expires.

The Ninth Circuit has denied the federal government’s renewed request to stay a preliminary injunction in the litigation over Temporary Protected Status for Venezuelan and Haitian nationals.

The Supreme Court granted review, vacated an earlier Ninth Circuit decision and returned the case for further consideration in light of another ruling. The government then asked the appellate court to put the district court’s injunction on hold as soon as the Supreme Court’s existing stay expires on November 6.

The three-judge panel rejected that request on October 30. It also denied an administrative stay of at least 21 days. The two-page order does not finally resolve the appeal or restore the vacated appellate merits decision; instead, it preserves the district court’s preliminary injunction once the Supreme Court’s temporary stay ends, unless a higher court intervenes.

The Ninth Circuit said it would issue an expedited merits briefing schedule separately. Its official order records the limited, interim nature of the decision.

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