Aung Doe, et al v. Markwayne Mullin, et al
| AUNG DOE, NINA DOE, THURA DOE, KHIN THET DOE, CHU LET DOE and MAUNG DOE |
| KRISTI L. NOEM, Secretary of the Department of Homeland Security, in her official capacity, UNITED STATES DEPARTMENT OF HOMELAND SECURITY, U.S. CITIZENSHIP AND IMMIGRATION SERVICES, UNITED STATES OF AMERICA and MARKWAYNE MULLIN, Secretary of the Department of Homeland Security, in his official capacity |
| 26-1294 |
| February 13, 2026 |
| U.S. Court of Appeals, Seventh Circuit |
| Other Statutes |
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| Filing 35 Mandate issued. No record to be returned. [35] [7542720] [26-1294] (CAG) [Entered: 07/27/2026 09:08 AM] |
| FOR COURT USE ONLY: Certified copy of 07/16/2026 Final Order with Mandate sent to the District Court Clerk. [7542723-2] [7542723] [26-1294] (CAG) [Entered: 07/27/2026 09:13 AM] |
Filing 34
ORDER re: 1. Appellants' position statement regarding the Supreme Court's recent opinion. 2. Plaintiffs-appellees' position statement concerning Mullin v. Doe, No. 25-1083 and Trump v. Miot, No. 25-1084. 3. Appellants' motion for summary reversal or, alternatively, for a stay of the district court's postponement order pending appeal. 4. Notice of intent to file response brief and request to schedule briefing in opposition of defendants-appellants' motion for summary reversal or, alternatively, for a stay. 5. Appellants' position statement. 6. Plaintiffs-appellees' position statement regarding summary reversal, remand, and opposition to the immediate issuance of the mandate and motion to stay. [ # 27 ]. The government appeals the district court's postponement order dated January 23, 2026. The parties agree that the order is abrogated by the Supreme Court's decision in Mullin v. Doe, 609 U.S. __, 2026 WL 1825840 (2026), in which the Court held that the statute authorizing Temporary Protected Status precludes judicial review over non-constitutional claims related to that status. Id. at *2, *7. Accordingly, the motion for summary reversal is GRANTED. The district court's order is REVERSED, and this case is REMANDED for further proceedings in light of and consistent with Mullin. The mandate shall issue on July 27, 2026. Michael B. Brennan, Chief Judge; Doris L. Pryor, Circuit Judge and Joshua P. Kolar, Circuit Judge. [34] [7540350] [26-1294] (CG) [Entered: 07/16/2026 11:04 AM]
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| Filing 33 Filed Appellees Aung Doe, Chu Let Doe, Khin Thet Doe, Maung Doe, Nina Doe and Thura Doe Citation of Additional Authority, per Circuit Rule 28(e). [33] [7539891] [26-1294] (McCoy, Dinesh) [Entered: 07/14/2026 09:50 PM] |
| Filing 32 Filed Appellants DHS, Markwayne Mullin, USA and USCIS Citation of Additional Authority, per Circuit Rule 28(e). [32] [7539848] [26-1294] (Press, Joshua) [Entered: 07/14/2026 03:55 PM] |
| Filing 31 Filed position statement status report by Appellees Aung Doe, Chu Let Doe, Khin Thet Doe, Maung Doe, Nina Doe and Thura Doe. [31] [7539559] [26-1294]--[Edited 07/14/2026 by PS] (McCoy, Dinesh) [Entered: 07/13/2026 11:20 PM] |
| Filing 30 Filed position statement status report by Appellants DHS, Markwayne Mullin, USA and USCIS. [30] [7539557] [26-1294]--[Edited 07/14/2026 by PS] (Press, Joshua) [Entered: 07/13/2026 10:40 PM] |
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Filing 29
ORDER re: 1. Appellants' motion for summary reversal or, alternatively, for a stay of the district court's postponement order pending appeal. 2. Notice of intent to file response brief and request to schedule briefing in opposition of defendants-appellants' motion for summary reversal or, alternatively, for a stay. The parties shall file, by July 13, 2026, position statements addressing whether they oppose this court summarily reversing the district court's postponement order, remanding for further proceedings, and issuing the mandate immediately. VXK[29] [7538975] [26-1294] (CG) [Entered: 07/10/2026 09:29 AM]
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| Filing 28 Filed Appellees Aung Doe, Chu Let Doe, Khin Thet Doe, Maung Doe, Nina Doe and Thura Doe notice of intent to file Response Brief and Request to Schedule Briefing In Opposition of Defendants-Appellants' Motion for Summary Reversal Or, Alternatively, for a Stay. [28] [7538152] [26-1294] (McCoy, Dinesh) [Entered: 07/07/2026 02:19 PM] |
| Filing 27 Motion filed by Appellants DHS, Markwayne Mullin, USA and USCIS Summary Reversal., for stay District Court's Postponement Order. [27] [7537481] [26-1294] (Press, Joshua) [Entered: 07/03/2026 05:24 PM] |
| Filing 26 Filed status report by Appellees Aung Doe, Chu Let Doe, Khin Thet Doe, Maung Doe, Nina Doe and Thura Doe. [26] [7536772] [26-1294] (McCoy, Dinesh) [Entered: 06/30/2026 11:27 PM] |
| Filing 25 Filed position statement by Appellants DHS, Markwayne Mullin, USA and USCIS. [25] [7536770] [26-1294]--[Edited 07/01/2026 by HTP to reflect position statement filed.] (Press, Joshua) [Entered: 06/30/2026 10:12 PM] |
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Filing 24
ORDER re: Motion to stay case. IT IS ORDERED that the motion is GRANTED. Proceedings in this appeal are SUSPENDED pending a Supreme Court decision in Noem v. Doe, No. 25-1083, and Trump v. Miot, No. 25-1084. The parties shall file position statements within five days of any decision in either case. [ # 23 ] VXK [24] [7521215] [26-1294] (AP) [Entered: 04/28/2026 10:27 AM]
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| Filing 23 Motion filed by Appellants DHS, Markwayne Mullin, USA and USCIS to stay case. [23] [7520343] [26-1294] (Press, Joshua) [Entered: 04/23/2026 03:26 PM] |
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Filing 22
ORDER issued GRANTING motion to extend time to file appellants' brief. [ # 20 ] Appellants' brief due on or before 04/24/2026 for U.S. Citizenship and Immigration Services, United States Department of Homeland Security, United States of America and Markwayne Mullin. Appellees' brief due on or before 05/26/2026 for Aung Doe, Chu Let Doe, Khin Thet Doe, Maung Doe, Nina Doe and Thura Doe. Appellants' reply brief, if any, is due on or before 06/16/2026 for Appellants Markwayne Mullin, U.S. Citizenship and Immigration Services, United States Department of Homeland Security and United States of America. Counsel for the appellants is reminded that motions for extension of time should be filed seven days before the brief is due. See Cir. R. 26. CDH [22] [7513138] [26-1294] (PS) [Entered: 03/25/2026 12:20 PM]
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| Filing 21 Appellant Kristi L. Noem in 26-1294 substituted by Appellant Markwayne Mullin in 26-1294, pursuant to FRAP 43(c). [21] [7513136] [26-1294] (PS) [Entered: 03/25/2026 12:16 PM] |
| Filing 20 Motion filed by Appellants DHS, Kristi L. Noem, USA and USCIS to extend time to file appellant brief. [20] [7512953] [26-1294] (Press, Joshua) [Entered: 03/24/2026 03:47 PM] |
| Filing 19 Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney Niji Jain for Appellees Aung Doe, Chu Let Doe, Khin Thet Doe, Maung Doe, Nina Doe and Thura Doe. [19] [7510563] (L-No; E-Yes; R-No) [26-1294][19] [7510563] [26-1294]--[Edited 03/12/2026 by HTP to reflect addition of counsel.] (Jain, Niji) [Entered: 03/12/2026 01:09 PM] |
| Filing 18 Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney Ghita Schwarz for Appellees Aung Doe, Chu Let Doe, Khin Thet Doe, Maung Doe, Nina Doe and Thura Doe. [18] [7510376] (L-No; E-Yes; R-No) [26-1294]--[Edited 03/12/2026 by PS - docket updated to reflect the addition of counsel.] (Schwarz, Ghita) [Entered: 03/11/2026 06:31 PM] |
| Filing 17 Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney June J. Htun for Appellees Aung Doe, Chu Let Doe, Khin Thet Doe, Maung Doe, Nina Doe and Thura Doe. [17] [7510371] (L-No; E-Yes; R-No) [26-1294] (Htun, June) [Entered: 03/11/2026 04:56 PM] |
| Filing 16 Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney Razeen Zaman for Appellees Aung Doe, Chu Let Doe, Khin Thet Doe, Maung Doe, Nina Doe and Thura Doe. [16] [7510072] (L-No; E-Yes; R-No) [26-1294] [Edited 03/11/2026 by CG to reflect the addition of counsel.] (Zaman, Razeen) [Entered: 03/10/2026 07:15 PM] |
| Filing 15 Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney Megan M. Hauptman for Appellees Aung Doe, Thura Doe, Chu Let Doe, Khin Thet Doe, Maung Doe and Nina Doe. [15] [7509999] (L-No; E-Yes; R-No) [26-1294]--[Edited 03/10/2026 by FP to reflect that atty. Hauptman is added to the docket.] (Hauptman, Megan) [Entered: 03/10/2026 02:40 PM] |
| Filing 14 Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney Phi Nguyen for Appellees Aung Doe, Thura Doe, Chu Let Doe, Khin Thet Doe, Maung Doe and Nina Doe. [14] [7509918] (L-No; E-Yes; R-No) [26-1294] [14] [7509918] [26-1294]--[Edited 03/10/2026 by HTP to reflect addition of counsel.] (Nguyen, Phi) [Entered: 03/10/2026 11:36 AM] |
| Filing 13 Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney Pedro Sepulveda, Jr. for Appellees Aung Doe, Chu Let Doe, Khin Thet Doe, Maung Doe, Nina Doe and Thura Doe. [13] [7509890] (L-No; E-Yes; R-No) [26-1294][13] [7509890] [26-1294]--[Edited 03/10/2026 by HTP to reflect addition of counsel.] (Sepulveda, Pedro) [Entered: 03/10/2026 10:55 AM] |
| Filing 12 Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney Guadalupe V. Aguirre for Appellees Aung Doe, Chu Let Doe, Khin Thet Doe, Maung Doe, Nina Doe and Thura Doe. [12] [7509857] (L-No; E-Yes; R-No) [26-1294] (Aguirre, Guadalupe) [Entered: 03/10/2026 10:00 AM] |
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Filing 11
ORDER re: Motion to extend time to file. IT IS ORDERED that the motion is GRANTED to the extent that the transcript information sheet filed on March 6, 2026, shall be considered timely filed. [ # 7 ] CDH [11] [7509605] [26-1294] (AP) [Entered: 03/09/2026 11:37 AM]
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| Filing 10 Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney Dinesh Keith McCoy for Appellees Aung Doe, Nina Doe, Thura Doe, Khin Thet Doe, Chu Let Doe and Maung Doe. [10] [7509603] [26-1294] (CG) [Entered: 03/09/2026 11:34 AM] |
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Filing 9
ORDER re: Unopposed motion for leave to file disclosure statement containing actual names of appellees under seal. [ # 6 ]; [ # 7 ] The motion is GRANTED to the extent that this court will allow the appellees to litigate in this court using pseudonyms. The parties shall use the pseudonyms for appellees' names in any court filings. The clerks office shall file the disclosure statement tendered by appellees under seal. The motion is DENIED to the extent that the appellees wish to keep their identities from the defendants. Appellees have not furnished any legal basis for keeping their identities secret from the defendants. Litigation in which one does not know who one is litigating against is not permissible. Appellees shall provide counsel for the defendants with their identities. These identities will not be placed in the public record and therefore will not come to the attention of Burma. VXK [9] [7509588] [26-1294] (CG) [Entered: 03/09/2026 11:17 AM]
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| Filing 8 Filed Seventh Circuit Transcript Information Sheet by Appellants DHS, Kristi L. Noem and USCIS. [8] [7509454] [26-1294] (Press, Joshua) [Entered: 03/06/2026 04:52 PM] |
| Filing 7 Motion filed by Appellants Kristi L. Noem, DHS and USCIS to extend time to file Transcript Information Sheet. [7] [7509444] [26-1294] (Press, Joshua) [Entered: 03/06/2026 04:43 PM] |
| Filing 6 Motion by Appellees Aung Doe, Chu Let Doe, Khin Thet Doe, Maung Doe, Nina Doe and Thura Doe to seal Disclosure Statement Containing Actual Names of Appellees.., to proceed using a pseudonym. [6] NOTE: Access to this entry is limited to counsel of record. [7509368] [26-1294] (McCoy, Dinesh) [Entered: 03/06/2026 01:49 PM] |
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Filing 5
ORDER re: Motion for leave to file disclosure statement containing actual names of appellees under seal. The motion is DENIED without prejudice to renewal if anonymity is justified under this circuit's precedents, such as Doe v. Loyola University Chicago, 100 F.4th 910 (7th Cir. 2024). The district court order granting leave to proceed under pseudonyms does not explain why anonymous litigation is justified, under this circuit's standards or any other. [ # 4 ] VXK [5] [7508299] [26-1294] (HTP) [Entered: 03/02/2026 03:34 PM]
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| Filing 4 Motion by Appellees Aung Doe, Chu Let Doe, Khin Thet Doe, Maung Doe, Nina Doe and Thura Doe to seal Disclosure Statement Containing Actual Names of Appellees. [4] NOTE: Access to this entry is limited to counsel of record. [7508109] [26-1294] (McCoy, Dinesh) [Entered: 03/02/2026 09:49 AM] |
| Filing 3 Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney Dinesh McCoy for Appellees Aung Doe, Chu Let Doe, Khin Thet Doe, Maung Doe, Nina Doe and Thura Doe. [3] [7508105] (L-Yes; E-Yes; R-No) [26-1294] (McCoy, Dinesh) [Entered: 03/02/2026 09:38 AM] |
| Filing 2 Docketing Statement filed by Appellants Kristi L. Noem, DHS, USA and USCIS. Prior or Related proceedings: No. [2] [7506091] [26-1294] (Press, Joshua) [Entered: 02/19/2026 10:14 PM] |
| Filing 1 U.S. civil case docketed. U.S. Appeal. Docketing Statement due for Appellants Kristi L. Noem, U.S. Citizenship and Immigration Services, United States Department of Homeland Security and United States of America by 02/19/2026. Transcript information sheet due by 02/27/2026. Appellants' brief due on or before 03/25/2026 for Kristi L. Noem, U.S. Citizenship and Immigration Services, United States Department of Homeland Security and United States of America. [1] [7504857] [26-1294] (PS) [Entered: 02/13/2026 12:39 PM] |
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