Appeals Court SLAMS Rogue Judge Reversing Activist Ruling on TPS!

Quick Overview

The Ninth Circuit Court of Appeals granted the government's motion for a stay pending appeal on December 31, 2025, vacating a district court's partial final judgment that overturned the Secretary of Homeland Security's termination of Temporary Protected Status (TPS) designations for Nepal, Honduras, and Nicaragua, finding the government likely to succeed on the merits of its appeal.

Key Points: The Ninth Circuit entered an order on February 9, 2026, granting the government's motion for a stay pending appeal (Dkt. No. 4) of a December 31, 2025, district court judgment. The district court judgment had vacated the Secretary of Homeland Security's termination of Temporary Protected Status (TPS) designations for Nepal, Honduras, and Nicaragua. The court is staying the district court's order vacating the terminations, meaning the terminations remain in effect pending the appeal. The court concluded that the government is likely to succeed on the merits of its appeal, either by showing the district court lacked jurisdiction or by prevailing on plaintiffs' arbitrary-and-capricious APA challenge. The concurrence by Judge Hawkins noted adherence to Supreme Court guidance regarding stay orders in the Venezuela TPS case, avoiding addressing the merits of the plaintiffs' APA claims at this stage. TPS for Nepal was initially designated in 2015 due to an earthquake, and for Honduras and Nicaragua in 1999 due to Hurricane Mitch. The government argued that the Secretary's termination decisions for these countries are statutorily unreviewable, citing 8 U.S.C. § 1254a(b)(5)(A).

Context: The video features attorney Andrew Branca discussing a Ninth Circuit Court of Appeals order dated February 9, 2026, in the case of National TPS Alliance, et al., v. Kristi Noem, et al. (No. 26-199). This order relates to the termination of Temporary Protected Status (TPS) designations for nationals of Nepal, Honduras, and Nicaragua, which a lower court had temporarily blocked. The discussion centers on the appellate court's decision to grant the government a stay, effectively allowing the terminations to proceed while the appeal is pending.