Case: Markwayne Mullin, Secretary, Department of Homeland Security, et al. v. Dahlia Doe, et al., No. 25A952
Lower Court: Second Circuit
Docketed: 2026-02-26
Status: Application
Question Presented: Question not identified.
On March 16, the Supreme Court deferred consideration of the government’s stay application in Mullin v. Doe, referring the matter from Justice Sotomayor to the full Court. The deferral came alongside a companion application, No. 25A999, presented to the Chief Justice, suggesting the Court is treating the two proceedings together. That procedural posture indicates the justices view the underlying questions as sufficiently significant to warrant collective attention rather than resolution by a single Circuit Justice.
The case arises from a Second Circuit proceeding involving the Department of Homeland Security. The government, represented by Solicitor General D. John Sauer, seeks a stay pending appeal. Respondents are represented by Ahilan T. Arulanantham and Ghita R. Schwarz.
Four amicus briefs have been filed, including submissions from Haitian TPS holders and former federal and state judges, reflecting the breadth of interests at stake. More background on the case is available at Wikipedia and the Supreme Court docket.
The Court’s decision to defer rather than act immediately leaves the lower court’s order in place for now. Observers should watch whether the Court consolidates the two applications and whether it ultimately grants a stay.