Supreme Court Vacates Ninth Circuit Venezuelan TPS Decision

Britain Eakin forLaw360 (subscription required) reports that the Supreme Court today granted certiorari, vacated, and remanded for consideration of the Court's ruling in Mullin v. Doe (2026), a Ninth Circuit decision that found former Homeland Security Secretary Kristi Noem lacked the authority to vacate a temporary protected status extension (TPS) for Venezuela.

Solicitor General D. John Sauer had asked the justices to grant the petition, vacate the Ninth Circuit's divided en banc decision and remand it in light of the high court's ruling in Mullin v. Doe, which found that the Executive Branch had the authority to lift TPS for citizens of Haiti and Syria. On this order list, the Court remanded the case to the Ninth Circuit.