8:25-cv-01484-TDC) CASA, INC. v. KRISTI NOEM, Secretary of Homeland Security

FILED: July 21, 2025
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
___________________
No. 25-1792
(8:25-cv-01484-TDC)
___________________
CASA, INC.
Plaintiff - Appellant
v.
KRISTI NOEM, Secretary of Homeland Security, in her official capacity;
UNITED STATES DEPARTMENT OF HOMELAND SECURITY
Defendants - Appellees
___________________
ORDER DENYING EMERGENCY MOTION FOR POSTPONEMENT
OF AGENCY ACTION PENDING APPEAL
___________________
Having reviewed the record and briefing, the Court DENIES CASA, Inc.’s
emergency motion for postponement of agency action. We agree with the district
court that CASA, Inc. has stated a plausible claim for relief with regard to the
alleged “preordained” decision to terminate temporary protected status (TPS) for
Afghanistan and Cameroon, and that the balance of the equities and the public

-- 1 of 2 --

interest weigh in favor of CASA, Inc. At this procedural posture, however, there
is insufficient evidence to warrant the extraordinary remedy of a postponement
of agency action pending appeal.
We urge the district court to move expeditiously to minimize the
uncertainty that will likely result from protracted litigation. Nothing in this Order
should be construed to opine on whether a postponement of agency action may
be warranted as this case proceeds.
Finally, we emphasize that many members of CASA, Inc. affected by the
termination of TPS designations of Afghanistan and Cameroon may be eligible
for relief through applications for asylum, withholding of removal, and
protection in accordance with the Convention Against Torture. As the
government acknowledges in its response brief, those remedies remain available
and CASA, Inc.’s members may seek them.
ENTERED at the direction of Judge Gregory with the concurrence of
Judge King and Judge Berner.
For the Court
/s/ Nwamaka Anowi, Clerk

-- 2 of 2 --