Noem

FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS MAR 11 2026

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

NATIONAL TPS ALLIANCE; MARIELA No. 25-5724 GONZALEZ; FREDDY ARAPE RIVAS; D.C. No. M.H.; CECILIA GONZALEZ HERRERA; 3:25-cv-01766-EMC ALBA PURICA HERNANDEZ; E. R.; Northern District of California,

HENDRINA VIVAS CASTILLO; VILES

San Francisco

DORSAINVIL; A.C.A.; SHERIKA

BLANC, ORDER

Plaintiffs - Appellees,

v.

KRISTI NOEM; UNITED STATES

DEPARTMENT OF HOMELAND

SECURITY; UNITED STATES OF

AMERICA,

Defendants - Appellants.

Before: Kim McLane Wardlaw, Salvador Mendoza, Jr., and Anthony D. Johnstone, Circuit Judges. Concurrence by Judge Wardlaw Dissent by Judge Bumatay Concurrence by Judge Mendoza Dissent by Judge R. Nelson

Judges Wardlaw, Mendoza, and Johnstone voted to deny the petition for

rehearing en banc. The full court was advised of the petition for rehearing en banc.

A judge requested a vote on whether to rehear the matter en banc. The matter

failed to receive a majority of…