# Appeals Court SLAMS Rogue Judge Reversing Activist Ruling on TPS! Source: https://www.youtube.com/watch?v=sE7ArmMzlRc Recap page: https://rapidrecap.app/video/sE7ArmMzlRc Generated: 2026-02-11T15:04:18.517+00:00 --- ## 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). ![Screenshot at 00:00: The opening frame displays the caption "UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT FILED FEB 9 2026" and the case name National TPS Alliance, et al., v. Kristi Noem, et al., highlighting the document under discussion.](https://ss.rapidrecap.app/screens/sE7ArmMzlRc/00-00-00.jpg) **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. ## Detailed Analysis The Ninth Circuit Court of Appeals filed an order on February 9, 2026, granting the government's motion for a stay pending appeal in National TPS Alliance, et al., v. Kristi Noem, et al. This followed a December 31, 2025, district court order that had vacated the Secretary of Homeland Security's termination of TPS for Nepal, Honduras, and Nicaragua. The appellate court concluded that the government is likely to succeed on the merits of its appeal, either by demonstrating the district court lacked jurisdiction or by prevailing on the plaintiffs' arbitrary-and-capricious Administrative Procedure Act (APA) challenge. Judge Hawkins wrote a concurring opinion, stating she concurred with the result and specifically with Section 3 of the Order, which followed guidance from the Supreme Court's stay orders in the Venezuela TPS case. She explicitly noted she would not address the merits of the plaintiffs' APA claims at this stage. The government argued that the Secretary's termination decisions for these countries are unreviewable under 8 U.S.C. § 1254a(b)(5)(A). The plaintiffs, conversely, asserted that termination exposes their members to deportation, loss of employment, health benefits, and family separation, arguing for the court to make its own assessment of irreparable harm and public interest, which the appellate court declined to do at this preliminary stage. ### Ninth Circuit Order - The district court entered a partial final judgment on December 31, 2025, vacating the termination of TPS for Nepal, Honduras, and Nicaragua - The government appealed and moved for a stay pending appeal - The Ninth Circuit granted the stay, meaning the district court's order vacating the termination is stayed pending appeal. ### Likelihood of Success on Merits - The court concluded 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' APA challenges. ### Statutory Review Preclusion - 8 U.S.C. § 1254a(b)(5)(A) precludes judicial review of any determination by the Secretary regarding designation, termination, or extension of a foreign state's TPS. ### Judge Hawkins' Concurrence - Hawkins concurred with the result and specifically Section 3 of the Order, adhering to Supreme Court guidance from the Venezuela TPS stay orders, and would not address the merits of the APA claims at this point. ### TPS Background - Nepal's TPS was designated in 2015 due to an earthquake; Honduras and Nicaragua's were designated in 1999 due to Hurricane Mitch; the Secretary terminated all three in 2025. ### Plaintiffs' Harm Argument - Plaintiffs assert termination exposes members to deportation risk, job/health benefit loss, and family separation, requiring the court to balance equities, but the court deferred this assessment. ![Screenshot at 00:00: The opening frame displays the caption "UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT FILED FEB 9 2026" and the case name National TPS Alliance, et al., v. Kristi Noem, et al., highlighting the document under discussion.](https://ss.rapidrecap.app/screens/sE7ArmMzlRc/00-00-00.jpg) ![Screenshot at 00:05: The speaker emphasizes the difference between a 'final judgment' and an injunction, pointing to the text on the screen.](https://ss.rapidrecap.app/screens/sE7ArmMzlRc/00-00-05.jpg) ![Screenshot at 00:28: The speaker introduces Judge Trina Thomas, showing her portrait next to him.](https://ss.rapidrecap.app/screens/sE7ArmMzlRc/00-00-28.jpg) ![Screenshot at 00:37: The speaker details Justice Thomas's confirmation vote \(51-44\) and lifetime appointment to the federal bench.](https://ss.rapidrecap.app/screens/sE7ArmMzlRc/00-00-37.jpg) ![Screenshot at 01:44: The speaker highlights the section detailing the original TPS designations for Nepal \(2015, earthquake\) and Honduras/Nicaragua \(1999, Hurricane Mitch\).](https://ss.rapidrecap.app/screens/sE7ArmMzlRc/00-01-44.jpg)