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Judge Kyle Dudek (M.D. Fla.) ordered the release of a detained noncitizen after an immigration judge refused to comply with the district court’s prior order requiring a bond hearing, the government’s counsel “acquiesced in that refusal,” and the government, facing a renewed habeas petition, sought reversal of the court’s prior order. Judge Dudek said the sequence of events “border[ed] on the surreal.” (Order.)
Judge John McConnell, Jr. (D.R.I.) entered partial final judgment vacating and setting aside four U.S. Citizenship and Immigration Services policies that indefinitely paused the adjudication of certain immigration benefit requests. He ordered the government to file a status report within 24 hours detailing the steps it has taken to comply with the court’s June 5 order vacating those policies. (Order.) For background, see a previous Roundup.
President Trump said on Thursday that he would nominate Jay Clayton, the U.S. attorney for the Southern District of New York, to be the next director of national intelligence. (Truth Social.) (NYT.)
The House of Representatives rejected a bill on Thursday that would have temporarily renewed Section 702 of the Foreign Intelligence Surveillance Act. The provision expires at midnight tonight. (NYT.) Nineteen Republicans joined Democrats in opposing the measure. (Clerk of the House.)
Four former and retired judge advocates general—Calvin Lederer, John Ewers, Eugene R. Fidell, and Steven J. Lepper—offered a set of principles to guide judge advocates both in their daily practice and “particularly in deployed operations during these challenging times.” (Just Security.)
David Post proposed a set of questions to ask Acting Attorney General Todd Blanche at his upcoming confirmation hearing. (Volokh.)
Quinta Jurecic explained that two defense tactics that typically face long odds in court—motions to dismiss criminal charges for vindictive or selective prosecution and motions to obtain access to the transcripts of grand-jury proceedings—have increasingly succeeded as courts have grown wary of relying on the Justice Department’s representations. (Atlantic.)
Pending Interim Order Applications Involving the U.S. Government in the Supreme Court
Blanche v. Perlmutter: The government filed an emergency application on October 27 requesting the Supreme Court to stay a district court interlocutory injunction that temporarily reinstated Shira Perlmutter to her role as Register of Copyrights while litigation over her removal continues. Chief Justice Roberts formally set a deadline of November 10 for a response to the application. Perlmutter submitted a response on November 10. Blanche submitted a reply on November 12. The Court deferred the application for stay on November 28 pending the Court’s decisions in Trump v. Slaughter and Trump v. Cook.
Trump v. Cook: The government filed an emergency application on September 18 requesting the Supreme Court to stay a preliminary injunction issued by a district court that blocked President Trump from removing Federal Reserve Governor Lisa Cook. Cook filed an opposition to the request on the same day. The Chief Justice formally set a deadline of September 25 for a response to the application. Cook filed a response on September 25. On October 1, the Court deferred action on the stay application pending oral argument in January 2026 and established a supplemental briefing schedule. Additional amicus briefs were filed on October 29. Both sides filed supplemental briefs on November 19 and the Court heard oral argument on Jan. 21, 2026.
Mullin v. Doe: The government filed an application on February 26 requesting the Supreme Court stay pending appeal of a preliminary injunction issued by a district court preliminarily enjoining then-Secretary of Homeland Security Kristi Noem from terminating temporary protected status designation for Syria. The government asked the Court to construe the application as a petition for a writ of certiorari before judgment and grant the petition. On March 16, the Court consolidated the case with a challenge to the Department of Homeland Security’s termination of Temporary Protected Status designations for Haiti and granted certiorari before judgment of the consolidated cases while deferring action on the government’s request for a stay. The Court heard oral argument on April 29, 2026.
Trump v. Miot: The government filed an application on March 11 requesting the Supreme Court to stay a lower court order postponing then-Secretary of Homeland Security Kristi Noem’s decision to terminate temporary protected status designation for Haiti. The government also asked the Court to treat the application as a petition for a writ of certiorari before judgment and grant the petition. On March 16, the Court consolidated the case with Mullin v. Doe. The Court heard oral argument on April 29, 2026.