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Mullin v. Doe | 25-1083 | Docket Link: Here
Consolidated with Trump v. Miot 25-1084 | Docket Link: Here
Argument Date: 4/29/2026
Oral Advocates:
- Petitioners (United States): D. John Sauer, United States’ Solicitor General
- Respondents (Doe): Ahilan T. Arulanantham of UCLA School of Law
- Respondents (Miot): Geoffrey M. Pipoly of Bryan Cave Leighton Paisner LLP
Question Presented: Whether 8 U.S.C. § 1254a(b)(5)(A)'s judicial review bar precludes APA challenges to the Secretary's termination of Syria's Temporary Protected Status designation, and if reviewable, whether the termination violated the APA.
Overview: Emergency stay application challenges Secretary Mullin's termination of Temporary Protected Status for 6,132 Syrian nationals. Central questions: whether courts may review TPS termination decisions at all, and whether the Secretary followed required consultation and country-conditions procedures.
Posture: S.D.N.Y. postponed Syria's TPS termination; Second Circuit denied stay; government now seeks Supreme Court intervention.
Main Arguments:
- Government (Applicant): (1) Section 1254a(b)(5)(A) bars all APA challenges to TPS terminations; (2) Secretary validly consulted agencies and invoked national interest; (3) Courts cannot brand a new administration's policy priorities as pretext
- Syrian TPS Holders (Respondents): (1) Judicial review bar covers country-conditions determinations only, not procedural violations; (2) Secretary never genuinely consulted agencies and invoked an extra-statutory factor; (3) Concrete harms to 6,132 Syrians facing deportation to an active war zone favor denial
Implications:
(A) Government victory:
- The judicial review bar broadly strips courts of authority to review all TPS termination decisions
- Clear path for DHS Secretary to implement terminations across all thirteen countries — potentially stripping hundreds of thousands of TPS holders of legal status with no judicial recourse.
- TPS becomes a pure presidential foreign-policy tool.
(B) TPS holders victory:
- Courts retain authority to enforce TPS's procedural requirements;
- The Secretary must genuinely consult agencies and review actual country conditions;
- 6,132 Syrians retain lawful status while the Second Circuit completes full appellate review.
The Fine Print:
- 8 U.S.C. § 1254a(b)(5)(A): "There is no judicial review of any determination of the [Secretary] with respect to the designation, or termination or extension of a designation, of a foreign state under this subsection."
- 8 U.S.C. § 1254a(b)(3)(A): "[A]fter consultation with appropriate agencies of the Government," the Secretary "shall review the conditions in the foreign state . . . and shall determine whether the conditions for such designation . . . continue to be met."
Primary Cases:
- McNary v. Haitian Refugee Center, Inc. (1991): A comparable immigration statute's reference to "a determination" described a single act — the denial of an individual application — and did not bar general collateral challenges to unconstitutional agency practices and policies; the central precedent for the TPS holders' jurisdictional argument.
- Noem v. NTPSA, 145 S. Ct. 2728 (2025) (NTPSA I) & 146 S. Ct. 23 (2025) (NTPSA II): Supreme Court stayed two district court orders blocking Venezuela's TPS termination without written explanation; the government argues these orders "inform" the equitable analysis here and reflect prior acceptance of its likelihood-of-success argument.
Timestamps:
[00:01:50] Oral Advocates
[00:02:08] Argument Begins
[00:02:17] United States Opening Statement
[00:04:14] United States Free for All Questions
[00:37:20] United States Round Robin Questions
[00:46:13] Doe Opening Statement
[00:48:56] Doe Free for All Questions
[01:06:24] Doe Round Robin Questions
[01:26:28] Miot Opening Statement
[01:28:06] Miot Free for All Questions
[01:43:40] Miot Round Robin Questions
[01:45:22] United States Rebuttal
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