Saturday, February 21, 2026

On Appeal of Decision Retaining Syria TPS 2d Circuit Denies Stay Saying Brief Due March 11



On Appeal of Decision Retaining Syria TPS 2d Circuit Denies Stay Saying Brief Due March 11

by Matthew Russell Lee, Patreon Book Substack

SDNY COURTHOUSE, Feb 20 รข€“ Days before the expiration of Temporary Protected Status in the US for people from Syria, a court hearing was held on a request to enjoin the termination, before U.S. District Court for the Southern District of New York Judge Katherine Polk Failla. Inner City Press covered it live, on BlueSky here

Judge Failla: The Biden administration allowed extensions on Haiti and Venezuela. I'm not sure how I can consider what's happened in Venezuela and Haiti except as a history of this Administration's treatment of TPS. Plaintiffs' lawyer: There's South Sudan... The Vice President says there would be no more TPS writ large only case by case... The Secretary has terminated TPS each time it has come up. That is not an objective review. There are other deviations, in this Trump administration 

Plaintiffs' lawyer: These are no consultation on Nicaragua, Nepal, Venezuela and Cameroon. Perhaps others. There's emails that termination determination had been made on Nicaragua, no letter. On Venezuela the letter was late 

 Plaintiffs' lawyer: This was a pre-determined decision, not in accord with the statute. 

On November 19 Judge Failla read out her lengthy ruling - Inner City Press again live tweeted on Bluesky, blocked from its main X account with no help from X Support. Once she ruled - to keep Syria TPS from ending Friday - she denied the AUSA's request for a two week stay, saying she hoped he understood.

Docketed on February 20, the US' appeal and the Second Circuit's denial of a stay: "ORDER of USCA (Certified Copy) as to [56] Notice of Interlocutory Appeal, filed by Kristi Noem, United States Citizenship and Immigration Services, United States of America, United States Department of Homeland Security USCA Case Number 25-2995. For the foregoing reasons, it is hereby ORDERED that the Government's motion for a stay pending appeal is DENIED. The current time frame by which this matter will advance to a merits panel for resolution of the appeal reflects the Government's choice to proceed on a non-expedited basis. Its opening brief is currently due on the date it requested: March 11, 2026. If the Government wishes to file its brief sooner, it may move to expedite the briefing schedule. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Certified: 2/17/2026. "

More on Substack here

The case is Doe v. Noem, et al., 1:25-cv-8686 (Failla)

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