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Cases · Expansion of expedited removal to people anywhere in the U.S. for less than two years

Make the Road New York v. Mullin

D.C. Circuit · No. 25-5320 · Filed Jan 22, 2025

Latest development

D.C. Circuit vacated stay of expanded expedited removal policy

As of June 23, 2026, the D.C. Circuit has vacated the district court's section 705 stay, so DHS may resume the expanded expedited-removal designation while the case proceeds unless further review changes the posture.

Status as of
June 23, 2026
Docket reviewed through
June 23, 2026

About the case

Make the Road New York v. Mullin is nationally significant because it controls whether DHS may use expedited removal across the United States against noncitizens who have not been admitted or paroled and cannot show two years of continuous presence. The January 2025 designation restored expedited removal to the fullest statutory scope, the district court stayed that expansion on due-process grounds, and the D.C. Circuit vacated the stay on June 23, 2026 after holding that the plaintiffs had not shown the written directives violate due process.

Relief

The plaintiffs seek to stop DHS from applying the expanded expedited-removal designation and related guidance, arguing that the process creates a high risk of erroneous rapid removals without adequate notice and opportunity to respond.

What's next

The next major milestones are any rehearing, mandate, Supreme Court stay request, or district-court merits proceedings after the D.C. Circuit's stay ruling.

New on the docket, not yet reviewed

Nothing new since the last review.

Reviewed events

  1. D.C. Circuit vacated stay of nationwide expedited-removal expansion

    Make the Road New York v. Mullin · D.C. Cir. · Source

  2. District court stayed expanded expedited-removal designation

    Make the Road New York v. Mullin · D.C. Cir. · Source

  3. DHS expanded expedited removal nationwide

    Make the Road New York v. Mullin · D.C. Cir. · Source

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