Practice Alert: Guidance on CHIRLA v. Noem Order (Expedited Removal)

On September 12, 2025, the D.C. Circuit denied the government’s motion for a stay pending appeal, dissolved its temporary, partial administrative stay, and fully restored the district court’s August 1 order in CHIRLA v. Noem, a lawsuit challenging Trump 2.0 government directives applying expedited removal to paroled individuals. The August 1 order, which is now fully in effect, stays policies that allowed DHS to put individuals who were previously paroled into the United States at a port of entry into expedited removal proceedings. The court’s stay order blocks these three agency policies pending the conclusion of the CHIRLA v. Noem litigation, to the extent that those policies allowed DHS to subject to expedited removal noncitizens who have been paroled into the United States at a port of entry: (1) the January 23 Huffman Memorandum, (2) a February 18 ICE directive; and the March 25 CHNV Termination Notice.