⚖ Oral Arguments, with Context

The D.C. Circuit hears Diego N. versus the Department of Health and Human Services. Four minors entered the United States without a parent, were placed in the custody of the Office of Refugee Resettlement, and later released to relatives whom the agency had vetted and approved. After separate encounters with police or immigration authorities, the children were sent back to the agency, which required their former sponsors to apply again before release. Diego, for example, had lived with his father after the agency approved him in 2024; a year later, Border Patrol detained Diego during a traffic stop and returned him to federal custody. The children sued in February 2026, seeking a class-wide preliminary injunction and a prompt, individualized process before full re-vetting. The district court denied that request. On appeal, the children will argue that blanket reapplication violates due process and the Administrative Procedure Act. HHS will argue that federal law requires current vetting of each child and sponsor, and that habeas petitions provide the proper route for challenges to detention.

Diego N. v. HHS (No. 26-5157) — U.S. Court of Appeals for the D.C. Circuit, argued September 15, 2026.