Ninth Circuit Stays Order on TPS Terminations for Nepal, Honduras and Nicaragua

Key Point  

• The Ninth Circuit has granted the federal government’s request for a stay, allowing DHS to move forward with ending TPS designations for Nepal, Honduras and Nicaragua while the appeal continues. 

Ninth Circuit Stays District Court Ruling 

The U.S. Court of Appeals for the Ninth Circuit has stayed the December 2025 district court decision that vacated DHS’s termination of Temporary Protected Status (TPS) for Nepal, Honduras and Nicaragua. This means DHS’s termination decisions may take effect while the appeal moves forward. 

Why the Court Granted the Stay 

According to the order, the government is likely to succeed on appeal based on two key arguments:

• Statutory Reviewability 
  • TPS termination decisions may be unreviewable under 8 U.S.C. § 1254a(b)(5)(A), which bars judicial review of determinations regarding TPS designation, extension or termination.
• Administrative Procedure Act (APA) Claims 
  • DHS is likely to show that its decision‑making process was not arbitrary or capricious.
  • The administrative record may adequately support the Secretary’s actions.
  • The TPS statute does not require DHS to consider intervening country conditions beyond those that led to the original designation.

Role of Supreme Court Guidance 

The Ninth Circuit noted that recent Supreme Court stay orders in similar TPS cases (involving Venezuela) informed how it evaluated the equitable factors in this case. 

What Happens Next 

• DHS’s terminations of TPS for Nepal, Honduras and Nicaragua may proceed during the appeal. 
• The parties must submit a proposed briefing schedule within seven days of the order. 

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