Status as of October 7, 2026. The Supreme Court on October 5 granted the government's petition in Mullin v. National TPS Alliance, vacated the Ninth Circuit judgment and sent the case back for reconsideration in light of Mullin v. Doe. The order did not itself create a new TPS expiration date for Venezuela or Haiti.
The short order is procedurally important but narrower than a new merits ruling on the countries' Temporary Protected Status designations. It removes the Ninth Circuit judgment and requires that court to reconsider the litigation under the Supreme Court's June 2026 TPS decision.
What the Supreme Court did
The case is Mullin v. National TPS Alliance, No. 26-48. The Supreme Court took three steps: it granted the petition for certiorari, vacated the Ninth Circuit's judgment and remanded the case.
This type of order is often called a GVR: grant, vacate and remand. It does not by itself replace the lower court's judgment with a detailed new Supreme Court merits opinion.
Why Mullin v. Doe matters
The Supreme Court instructed the Ninth Circuit to reconsider the dispute in light of Mullin v. Doe, 609 U.S. 324 (2026).
In that June decision, the Supreme Court interpreted the TPS statute's restriction on judicial review broadly for the covered nonconstitutional challenges to a country's TPS designation, termination or extension. That ruling changes the legal framework the Ninth Circuit must use on remand.
What the October 5 order does not do
The order does not itself decide that Venezuela or Haiti does or does not qualify for TPS. It does not announce a new registration period, employment-authorization extension or country-specific expiration date.
Those practical questions still depend on the DHS and USCIS notices governing the relevant TPS designation and on later court orders in the ongoing litigation.
What happens next
The case returns to the U.S. Court of Appeals for the Ninth Circuit. That court must decide what remains of the plaintiffs' claims after applying Mullin v. Doe.
Because the prior Ninth Circuit judgment has been vacated, it cannot be treated as the current appellate disposition of the case.
Factum Immigration's Temporary Protected Status guide tracks the country-specific TPS framework and current litigation.
Frequently asked questions
Did the Supreme Court terminate TPS for Venezuela or Haiti on October 5?
No. The October 5 order vacated a Ninth Circuit judgment and remanded the case for reconsideration; it did not itself announce a new TPS termination date.
What does vacated and remanded mean?
It means the prior appellate judgment no longer stands and the Ninth Circuit must reconsider the case using the legal framework identified by the Supreme Court.
What case must the Ninth Circuit consider on remand?
The Supreme Court directed the Ninth Circuit to reconsider the case in light of Mullin v. Doe, 609 U.S. 324 (2026).
Official sources
Disclaimer: Factum Immigration provides general information, not legal advice. For guidance on an individual case, consult a licensed immigration attorney.