Federal court declares challenged immigration provisions unconstitutional as applied to protected speech

Read October 15, 2026 (UTC) from the court's free public feed, which lists entry 110 in this case as a Notice of Appeal to the Ninth Circuit, published Wed, 14 Oct 2026 20:55:20 GMT. The VoteFiles archive of the same feed, rerun October 23, holds one later entry for the case: "[USCA Case Number]," with no entry number and no document, published Wed, 21 Oct 2026 16:43:44 GMT. The feed does not give the Ninth Circuit case number itself. The feed gives only the entry type and number; the court's Recently Filed Case Documents list (read October 16, 19 and 21) names the filers as Markwayne Mullin and Marco Rubio. The notice itself and the docket sheet require a PACER login and were not accessed. The entry is numbered directly after Document 109, the judgment.

Read October 16, 19 and 21, 2026. The court's own list, searched by docket number, returns one entry: filed 10-14-26, docket number 110, "NOTICE OF APPEAL to the 9th Circuit Court of Appeals filed by Markwayne Mullin, Marco Rubio," appeal fee waived. The court's case page for 5:25-cv-06618-NW (cand.uscourts.gov/cases-e-filing/cases/525-cv-06618-nw/) shows the same entry and a last filing date of October 14, 2026. On October 23 the list, which covers only the last seven days, returned no rows for the docket number, and the case page still gave a last filing date of October 14, 2026 and no recent filings. No later filing appears, and neither page gives a Ninth Circuit case number or mentions a stay request. The same list, read October 7, 9, 10 and 12 (covering September 30 to October 11), showed no filing in the case before entry 110; it does not cover filings before September 30.

Reopened October 23, 2026. Makes deportable a noncitizen whose presence or activities the Secretary of State has reasonable ground to believe would have potentially serious adverse foreign policy consequences; part of the Deportation Provision addressed in Document 108. Other deportation grounds are not addressed by the declaration.

Reopened October 23, 2026. Lets a consular officer or the Secretary of State revoke a visa or other documentation at any time in their discretion; this is the Revocation Provision addressed in Document 108. The court's declaration concerns its use based on protected speech, not every revocation.

Reopened October 23, 2026. The package record was last changed August 29, 2026 and lists three granules: -0 (January 16, 2026), -1 (March 13, 2026) and -2 (August 28, 2026). Requests for granule -3 (October 19, 21 and 23), granules -3 and -4 (October 16) and -5 (October 12) returned GovInfo's not-found redirect, so no later published order or opinion appears in the package.

Reopened October 23, 2026 (90 pages, filed 08/28/26). Declares that the challenged portions of the Deportation Provision (8 U.S.C. 1182(a)(3)(C)(iii) and 1227(a)(4)(C)(i)) and the Revocation Provision (8 U.S.C. 1201(i)) violate the First Amendment and are void for vagueness under the Fifth Amendment with respect to enforcement based on protected speech. Holds permanent injunctive relief not appropriate at this stage, denies the injunctive claims under the Deportation Provision, and directs the Clerk to issue judgment and close the case.

Reopened October 23, 2026; the latest change notice shown is still CT:VISA-2150 dated April 29, 2025. It cites INA 221(i) (8 U.S.C. 1201(i)) and says Department revocations may be undertaken prudentially. No later revision reflecting the August 28 decision was displayed.

Reopened October 23, 2026. Signed January 20, 2025 and published at 90 FR 8451; directs enhanced screening and related policy review. It is policy background and does not itself contain the court's holding or remedy.