Supreme Court Denies Government Stay Bid In Immigration Judges Fight

What happened

The U.S. Supreme Court declined to pause proceedings in a dispute involving the National Association of Immigration Judges, denying the government’s stay request while leaving open the possibility of a renewed application if the case moves into discovery before a forthcoming certiorari petition is resolved.

The short order says the stay application was presented to the Chief Justice, who referred it to the full Court. The justices denied the application, concluding that the government, at this stage, “has not demonstrated that it will suffer irreparable harm without a stay.”

The ruling does not appear to end the government’s emergency options. The Court said the denial is without prejudice to a new application if the district court begins discovery proceedings before the Court disposes of the government’s forthcoming petition for a writ of certiorari.

The order also vacated an earlier order entered by the Chief Justice, replacing that temporary posture with the full Court’s denial of a stay.

For appellate lawyers, the key point is the narrowness of the disposition: the Court did not resolve the merits of the underlying dispute or the forthcoming petition, but instead focused on whether the government had made the showing needed for immediate stay relief at this stage.

The next procedural marker is whether discovery begins in the district court before the certiorari petition is resolved. If it does, the order expressly permits the government to return to the Court with a renewed request.