The Trump administration’s appeal challenging the federal court order protecting Haitian beneficiaries of Temporary Protected Status (TPS) was officially docketed at the U.S. Court of Appeals for the District of Columbia Circuit on Friday, February 6, 2026.
The notice of appeal, filed on February 5, 2026, was docketed the following day at 10:15 a.m.
The case is now styled Fritz Emmanuel Lesly Miot, et al., Appellees v. Donald J. Trump, President of the United States of America, et al., Appellants.
Government attorneys are demanding an emergency ruling by February 9 at the latest. However, the Court of Appeals has set March 9 as the deadline for both parties to submit required documents — a stark contradiction between the urgency claimed by the Trump administration and the standard schedule set by the appellate court.
On one hand, the government is demanding an immediate decision. In its motion to stay filed on February 5 before the district court, the administration asked Judge Ana C. Reyes to rule by Monday, February 9 at noon. Justice Department attorneys made clear they wanted a swift response so they could seek relief from the Court of Appeals as quickly as possible if the judge refused to stay her own order.
On the other hand, the Court of Appeals has established a far more extended procedural timeline.
In an order signed by Deputy Clerk Laura M. Morgan, the court gave the parties more than a month to submit their initial documents.
Both parties have until March 9, 2026 to file several essential documents, including the certificate as to parties and related cases, as well as entry of appearance forms for attorneys.
The government, as appellant, must also submit by that date its docketing statement, the statement of issues it intends to raise on appeal, a transcript status report, and the underlying decision being appealed.
Dispositive motions — requests that could resolve the case — must be filed no later than March 23, 2026.
The Court also ordered the government to submit a transcript status report every thirty days until all transcripts are received, followed by a final report within three days of obtaining them.
Briefing Schedule Suspended
Significantly, the Court ordered that the briefing schedule be “deferred pending further order of the court.” This standard language leaves open the question of how quickly the case will be decided on the merits.
This timeline, stretched over several weeks, clearly does not align with the Trump administration’s intentions. If Judge Reyes refuses to stay her order by February 9, the government is expected to seek an emergency stay directly from the Court of Appeals, bypassing the standard procedural schedule.
There is precedent for this. In May and October 2025, the Supreme Court granted emergency stays in similar cases involving Venezuelan TPS beneficiaries, short-circuiting normal lower court procedures.
This legal battle has accelerated dramatically in just a matter of days.
On February 2, 2026, Judge Ana C. Reyes issued her order blocking the termination of TPS for Haiti, on the eve of the program’s scheduled expiration on February 3. Three days later, on February 5, the government simultaneously filed a notice of appeal and a motion asking the judge to stay her own decision. On the morning of February 6, the appeal was officially docketed at the Court of Appeals.
The next forty-eight hours will be critical. The government is awaiting a response from Judge Reyes by Monday at noon. If she refuses, the administration will immediately seek relief from the Court of Appeals, or even the Supreme Court, government representatives have warned.
For Haitian TPS beneficiaries, each day brings renewed anxiety. Judge Reyes’s order remains in effect, meaning they retain their legal status and work authorization for now. But a stay granted by a higher court could change everything at any moment.
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