No. 24A949
Title:Kristi Noem, Secretary, Department of Homeland Security, et al., Applicants
v.
Kilmar Armando Abrego Garcia, et al.
Docketed:April 7, 2025
Lower Ct:United States Court of Appeals for the Fourth Circuit
   Case Numbers:(25-1345)
   Decision Date:
   Rehearing Denied:
  Discretionary Court Decision Date:

DateProceedings and Orders
Apr 07 2025Application (24A949) to vacate injunction entered by the United States District Court for the District of Maryland, submitted to The Chief Justice.
Main DocumentProof of Service
Apr 07 2025Letter of applicant Kristi Noem, Secretary of Homeland Security, et al. filed.
Main Document
Apr 07 2025Order entered by The Chief Justice: Upon consideration of the application of counsel for the applicants, it is ordered that the April 4, 2025 order of the United States District Court for the District of Maryland, case No. 8:25-cv-951, is hereby stayed pending further order of The Chief Justice or of the Court. It is further ordered that a response to the application be filed on or before Tuesday, April 8th, 2025, by 5 p.m. (EDT).
Apr 07 2025Response to application from respondent Kilmar Armando Abrego Garcia, et al. filed.
Main DocumentProof of Service
Apr 07 2025Amicus brief of Professors Erwin Chemerinsky, Martha Minow, and Laurence Tribe submitted.
Main DocumentProof of Service
Apr 08 2025Reply of applicant Kristi Noem, Secretary of Homeland Security, et al. filed.
ReplyProof of Service
Apr 08 2025Notice of Supplemental Authorities of Kilmar Armando Abrego Garcia, et al. submitted.
Main DocumentProof of Service
Apr 09 2025Motion For Leave to File Sur-Reply filed by respondent Kilmar Armando Abrego Garcia, et al.
Main DocumentProof of Service
Apr 10 2025Motion For Leave to File Sur-Reply denied by The Chief Justice.
Apr 10 2025Application (24A949) referred to the Court.
Apr 10 2025The application is granted in part and denied in part, subject to the direction of this order. Due to the administrative stay issued by The Chief Justice, the deadline imposed by the District Court has now passed. To that extent, the Government’s emergency application is effectively granted in part and the deadline in the challenged order is no longer effective. The rest of the District Court’s order remains in effect but requires clarification on remand. The order properly requires the Government to “facilitate” Abrego Garcia’s release from custody in El Salvador and to ensure that his case is handled as it would have been had he not been improperly sent to El Salvador. The intended scope of the term “effectuate” in the District Court’s order is, however, unclear, and may exceed the District Court’s authority. The District Court should clarify its directive, with due regard for the deference owed to the Executive Branch in the conduct of foreign affairs. For its part, the Government should be prepared to share what it can concerning the steps it has taken and the prospect of further steps. The order heretofore entered by The Chief Justice is vacated. (Detached Opinion) Statement of Justice Sotomayor, with whom Justice Kagan and Justice Jackson join, respecting the Court’s disposition of the application. (Detached Opinion)

NAMEADDRESSPHONE
Attorneys for Petitioners
D. John Sauer
    Counsel of Record		Solicitor General
United States Department of Justice
950 Pennsylvania Avenue, NW
Washington, DC 20530-0001

SUPREMECTBRIEFS@USDOJ.GOV		202-514-2217
Party name: Kristi Noem, Secretary of Homeland Security, et al.
Attorneys for Respondents
Andrew J. Rossman
    Counsel of Record		Quinn Emanuel Urquhart & Sullivan, LLP
295 Fifth Avenue
9th Floor
New York, NY 10016

andrewrossman@quinnemanuel.com		2128497000
Party name: Kilmar Armando Abrego Garcia, et al.
Other
Erwin Chemerinsky
    Counsel of Record		University of California, Berkeley School of Law
215 Law Building
Berkeley, CA 94720

echemerinsky@law.berkeley.edu		510-642-6483
Party name: Professors Erwin Chemerinsky, Martha Minow, and Laurence Tribe