U.S. Court of Appeals for the 1st Circuit • 26-01867

Jul 29, 2026

NOTICE regarding application of Local Rule 18.0. [26-1867] (AVN) [Entered: 07/29/2026 04:04 PM]

Jul 29, 2026

CIVIL CASE docketed. Notice of appeal (doc. #11) filed by Appellant Thanh Nam Le. Appearance form and Docketing Statement due 08/12/2026. [26-1867] (AVN) [Entered: 07/29/2026 03:55 PM]

Jul 30, 2026

NOTICE of appearance on behalf of Appellant Thanh Nam Le filed by Attorney Costica Marian Mandache. Served on 07/30/2026. [26-1867] (CMM) [Entered: 07/30/2026 12:46 PM]

Aug 14, 2026

NOTICE of default and intent to dismiss issued. The appellant is directed to file a docketing statement or this case will be dismissed for lack of prosecution in accordance with 1st Cir. R. 3.0(b). Docketing Statement due 08/28/2026. [26-1867] (AVN) [Entered: 08/14/2026 11:20 AM]

Aug 14, 2026

DOCKETING statement filed by Appellant Thanh Nam Le. Served on 08/14/2026. [26-1867] (CMM) [Entered: 08/14/2026 11:40 AM]

Aug 14, 2026

NOTICE issued. The following attorney has failed to register for an appellate ECF account and will no longer receive notice of court issued documents in this case: Vincent Engingro, III for Donald J. Trump, Antone Moniz, Patricia H. Hyde, Todd Blanche, Michael Krol, Markwayne Mullin, and David J. Venturella. [26-1867] (AVN) [Entered: 08/14/2026 11:08 AM]

Aug 14, 2026

BRIEFING schedule set. Brief and Appendix due 09/23/2026 for appellant Thanh Nam Le. Pursuant to F.R.A.P. 31(a), appellees' brief will be due 30 days following service of appellant's brief and appellant's reply brief will be due 21 days following service of appellees' brief. [26-1867] (AVN) [Entered: 08/14/2026 11:22 AM]

Sep 14, 2026

NOTICE of unavailability of counsel from 09/18/2026 to 10/04/2026 filed by Attorney Costica Marian Mandache for Appellant Thanh Nam Le. Served on 09/14/2026. [26-1867] (CMM) [Entered: 09/14/2026 10:54 PM]

Sep 16, 2026

MOTION to extend time to file brief and appendix filed by Appellant Thanh Nam Le. Served on 09/16/2026. [26-1867] (CMM) [Entered: 09/16/2026 12:13 PM]

Sep 17, 2026

ORDER granting motion to extend time to file brief and appendix filed by Appellant Thanh Nam Le. Brief and Appendix due 10/23/2026 for appellant Thanh Nam Le. [26-1867] (AVN) [Entered: 09/17/2026 08:30 AM]

Oct 22, 2026

MOTION to extend time to file brief and appendix filed by Appellant Thanh Nam Le. Served on 10/22/2026. [26-1867] (CMM) [Entered: 10/22/2026 10:26 PM]

Oct 22, 2026

MOTION to stay removal filed by Appellant Thanh Nam Le. Served on 10/22/2026. [26-1867] (CMM) [Entered: 10/22/2026 10:38 PM]

Oct 23, 2026

ORDER granting motion to extend time to file brief and appendix filed by Appellant Thanh Nam Le. Brief and Appendix due 11/23/2026 for appellant Thanh Nam Le. [26-1867] (AVN) [Entered: 10/23/2026 10:23 AM]

Oct 23, 2026

NOTICE of appearance on behalf of Appellees Todd Blanche, Patricia H. Hyde, Michael Krol, Antone Moniz, Markwayne Mullin, Donald J. Trump and David J. Venturella filed by Attorney Erica McMahon. Served on 10/23/2026. [26-1867] (EM) [Entered: 10/23/2026 02:57 PM]

Oct 23, 2026

NOTICE of intent to remove petitioner filed by Appellees Todd Blanche, Patricia H. Hyde, Michael Krol, Antone Moniz, Markwayne Mullin, David J. Venturella and Donald J. Trump. Petitioner is scheduled for removal on or after 10/23/2026. Served on 10/23/2026. [26-1867] (EM) [Entered: 10/23/2026 04:37 PM]

Oct 23, 2026

NOTICE of intent to remove petitioner filed by Appellees Todd Blanche, Patricia H. Hyde, Michael Krol, Antone Moniz, Markwayne Mullin, Donald J. Trump and David J. Venturella. Petitioner is scheduled for removal on 10/27/2026. Served on 10/23/2026. [26-1867] (AVN) [Entered: 10/23/2026 04:21 PM]

Oct 23, 2026

ORDER entered by Gustavo A. Gelpí, Jr., Appellate Judge; Seth Robert Aframe, Appellate Judge; and Joshua D. Dunlap, Appellate Judge: In light of the motion to stay removal filed in this immigration-habeas matter on October 23, 2026, petitioner-appellant's removal from the United States is temporarily stayed pending further order. Attention is directed to Local Rule 18.0(1), which requires the government to file "a notice identifying the earliest date upon which removal may be made," and to Federal Rule of Appellate Procedure 23(a), which requires pre-approval of any transfer of custody of a habeas petitioner. The government should file a response to the motion to stay removal by 5:00 p.m. on Tuesday, October 27, 2026. Any reply will be due by 5:00 p.m. on Wednesday, October 28, 2026. The court intends to resolve the motion to stay removal as soon as practicable following the completion of motion briefing. [26-1867] (AVN) [Entered: 10/23/2026 12:27 PM]

Oct 27, 2026

RESPONSE filed by Appellees Todd Blanche, Patricia H. Hyde, Michael Krol, Antone Moniz, Markwayne Mullin, Donald J. Trump and David J. Venturella to motion to stay removal [6854143-2]. Served on 10/27/2026. [26-1867] CLERK'S NOTE: Docket entry was edited to modify the docket text. (EM) [Entered: 10/27/2026 04:59 PM]

Oct 28, 2026

REPLY filed by Appellant Thanh Nam Le to response [6855145-2]. Served on 10/28/2026. [26-1867] (CMM) [Entered: 10/28/2026 04:53 PM]

Oct 29, 2026

NOTICE of appearance on behalf of Appellees Todd Blanche, Patricia H. Hyde, Michael Krol, Antone Moniz, Markwayne Mullin, Donald J. Trump and David J. Venturella filed by Attorney AUSA Vincent Engingro III. Served on 10/29/2026. [26-1867] (VE) [Entered: 10/29/2026 04:09 PM]

Oct 29, 2026

STATUS report filed by Appellant Thanh Nam Le. Served on 10/29/2026. [26-1867] (CMM) [Entered: 10/29/2026 11:14 AM]

Oct 30, 2026

ORDER entered by Gustavo A. Gelpí, Jr., Appellate Judge; Seth Robert Aframe, Appellate Judge and Joshua D. Dunlap, Appellate Judge. Petitioner-Appellant Thanh Nam Le ("petitioner") noticed this appeal from a district court order disposing of his habeas petition concerning immigration-related detention. Currently before the court is "Petitioner's Motion for Emergency Stay of Removal and Transfer." The court previously entered an order granting temporary relief from removal and directing motion briefing. The court now has received a response to the motion and a reply to that response. We currently address only the filings pending in this court and express no opinion as to the proper handling of any motion or request pending before the district court in any habeas proceeding petitioner has pending. Upon review of the motion papers, we conclude that petitioner has failed to demonstrate that relief is in order. See Nken v. Holder, 556 U.S. 418, 433-34 (2009) (describing stay/injunction factors and noting that burden resides with party seeking relief); see also Indiana State Police Pension Tr. v. Chrysler LLC, 556 U.S. 960, 961 (2009) (per curiam) (explaining that "a stay is not a matter of right, even if irreparable injury might otherwise result," but "is instead an exercise of judicial discretion") (internal quotation marks omitted); Respect Maine PAC v. McKee, 622 F.3d 13, 15 (1st Cir. 2010) ("A party requesting injunctive relief pending appeal bears the burden of showing that the circumstances of the case justify the exercise of the court's discretion."). Key to our reasoning is the fact that this is an appeal stemming from a district court proceeding that concerned only the matter of immigration-related detention; whereas, with the current motion, petitioner primarily requests relief related to potential removal from the United States. We have considered each of petitioner's arguments as to why the grant of relief might be in order despite the foregoing; those arguments fail to convince. The "Motion for Emergency Stay" is denied, and the previous grant of temporary relief from removal is vacated. Attention again is directed to Local Rule 18.0(1) and to Federal Rule of Appellate Procedure 23(a), which describe the government's obligations related, respectively, to informing the court of removal plans and to seeking pre-approval of any transfer of custody of a habeas petitioner. [26-1867] (GB) [Entered: 10/30/2026 09:21 AM]