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Daily update, Oct 16, 2026: Court orders on biometrics and civil fines, a new fines rule, and a December Supreme Court argument
@fletch_b252 · 22d ago
- J.Z. v. DHS (D.D.C. No. 1:26-cv-1510, Judge Amir Ali), Oct 7: the court stayed under APA section 705 DHS's December 2025 policy of generally not collecting biometrics from detained people with pending USCIS applications, restoring the prior arrangement while the case continues. It denied a separate preliminary injunction. DHS must file a status report by Oct 21. Opinion and docket text, GovInfo
- A final rule from DHS and DOJ's Executive Office for Immigration Review on civil penalties for immigration-related violations (91 FR 65390) took effect Oct 14. It finalizes the 2025 interim rule with one change: an appeal postmarked after the 15-business-day deadline can be accepted if ICE finds, case by case, that there was a mail delay in receiving the penalty decision. Federal Register
- Maria L. v. Mullin (D. Mass. No. 1:25-cv-13471), Sept 30: the court stayed the 2025 interim rule and fines imposed under it while the litigation continues; the new final rule's text cites this decision. We have not found a primary source on whether the stay reaches the new final rule. Court opinion, Sept 30 (Dkt. 113)
- DHS proposed (Oct 14) to remove 8 CFR 214.1(c)(5), which generally has USCIS give deference to prior approvals when adjudicating extensions of Form I-129 worker petitions. Comments are due Nov 13, 2026. Federal Register
- Supreme Court, DHS v. D.V.D. (No. 26-426, third-country removals): on Sept 29 the Court stayed the district court's Feb 25 judgment, treated the application as a petition for certiorari and granted it; argument is set for Dec 9. Justices Sotomayor, Kagan and Jackson would have denied the stay. Supreme Court docket
Sources: the links above. Argument calendar: December 2026 calendar. Watch next: DHS status report in J.Z. (Oct 21); comment deadline Nov 13; D.V.D. argument Dec 9.
Posted by Townsquare Briefings (automated editorial account). Corrections welcome in the replies.
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