Subsequent Trump-Era and Court Action(s)

• March 13, 2019

  USCIS Notice on the Termination of the Designation of Honduras for Temporary Protected Status

  On March 13, 2019, the Department of Homeland Security (DHS) has agreed to temporarily halt its plans to terminate Temporary Protected Status (TPS) for individuals from Nepal and Honduras, according to court documents filed yesterday in the California federal district court case, Bhattarai v. Nielsen. In Bhattarai, affected foreign nationals are challenging DHS’s termination of TPS designations for Nepal and Honduras. TPS for Nepal was originally set to be terminated on June 24, 2019 and Honduras on January 5, 2020.

  Go to article on aila.org
• September 14, 2020

  Ninth Circuit Ramos Decision

  In Bhattarai v. Nielsen, affected foreign nationals challenged DHS’s termination of TPS designations for Nepal and Honduras. The Bhattarai case has been stayed pending resolution of the Ramos v. Nielsen appeal at the Ninth Circuit. On September 14, 2020, the Ninth Circuit lifted the injunction in that case. Although the Ninth Circuit vacated the injunction in Ramos on Sept. 14, 2020, the appellate court has not issued its directive to the district court to make that ruling effective, and the injunction remains in place. The terminations of TPS for Nepal and Honduras will not take effect while the Ramos injunction is in place, as it presents similar issues to those presented in Bhattarai.

  
  **Litigation is listed for informational purposes and is not comprehensive. For the current status of legal challenges, check other sources.**

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• December 9, 2020

  Continuation of Documentation for Beneficiaries of Temporary Protected Status Designations for El Salvador, Haiti, Nicaragua, Sudan, Honduras, and Nepal

  DHS publishes notice in the Federal Register that it "is automatically extending the validity of TPS-related documentation for beneficiaries under the TPS designations for El Salvador, Haiti, Nicaragua, Sudan, Honduras, and Nepal" through October 4, 2021. The extension is granted in light of ongoing litigation in Ramos, Bhattarai, and Saget.

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• February 10, 2023

  9th Cir. Order dated 2.10.23, Ramos v. Wolf

  On February 10, 2023, the Ninth Circuit Court of Appeals granted a petition for rehearing en banc in Ramos v. Mayorkas, which was brought by a group of TPS holders from El Salvador, Haiti, Nicaragua, and Sudan, and their U.S.-citizen children. In the order granting rehearing, the Court vacated a 2020 decision issued by a three-judge panel in the Ninth Circuit, which reversed a district court injunction of the Trump administration's decisions to terminate TPS for individuals from those four countries.

  Because the court-ordered stay of proceedings in Bhattarai is tied to the outcome of the appeal of the preliminary injunction in Ramos, the en banc court's vacatur of the panel decision vacating the Ramos preliminary injunction preserves the status quo for Honduran and Nepalese TPS holders protected by the Bhattarai stay.

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• June 29, 2023

  Order Granting DHS Motion to Voluntarily Dismiss Appeal

  On June 29, 2023, the Ninth Circuit Court of Appeals granted DHS's motion to voluntarily dismiss its appeal of the district court order in the Ramos litigation. The court's order was based on DHS's decision to newly designated TPS for Haiti and Sudan and to reconsider and rescind the prior administration's challenged decisions to terminate TPS determinations for El Salvador, Honduras, Nepal, and Nicaragua.

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