SupremeCourt.gov: KRISTI NOEM, SECRETARY, DEPARTMENT OF HOMELAND SECURITY, ET AL. v. PEDRO VASQUEZ PERDOMO, ET AL.

Cite as: 606 U. S. ____ (2025)

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KAVANAUGH, J., concurring

SUPREME COURT OF THE UNITED STATES

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No. 25A169

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KRISTI NOEM, SECRETARY, DEPARTMENT OF

HOMELAND SECURITY, ET AL. v. PEDRO

VASQUEZ PERDOMO, ET AL.

ON APPLICATION FOR STAY

[September 8, 2025]

The application for stay presented to JUSTICE KAGAN and

by her referred to the Court is granted. The July 11, 2025

order entered by the United States District Court for the

Central District of California, case No. 2:25–cv–5605, is

stayed pending the disposition of the appeal in the United

States Court of Appeals for the Ninth Circuit and

disposition of a petition for a writ of certiorari, if such a writ

is timely sought. Should certiorari be denied, this stay shall

terminate automatically. In the event certiorari is granted,

the stay shall terminate upon the sending down of the

judgment of this Court.

JUSTICE KAVANAUGH, concurring in the grant of the

application for stay.

I vote to grant the Government’s application for an

interim stay pending appeal of the District Court’s

injunction.

The Immigration and Nationality Act authorizes

immigration officers to “interrogate any alien or person

believed to be an alien as to his right to be or to remain in

the United States.” 66 Stat. 233, 8 U. S. C. §1357(a)(1).

Immigration officers “may briefly detain” an individual “for

questioning” if they have “a reasonable suspicion, based on

specific articulable facts, that the person being questioned

. . . is an alien illegally in the United States.” 8 CFR

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