Jorge Lujan v. FMCSA

── Jorge Lujan v. FMCSA ── Court: Court of Appeals for the D.C. Circuit Date: May 05, 2026 Category: General United States Court of Appeals FOR THE DISTRICT OF COLUMBIA CIRCUIT ____________ No. 26-1032 September Term, 2025 FMCS-2025-0622 FMCS-91FR7044 Filed On: May 5, 2026 Jorge Rivera Lujan, et al., Petitioners v. Federal Motor Carrier Safety Administration, et al., Respondents ------------------------------ Consolidated with 26-1046 BEFORE: Wilkins*, Katsas, and Rao, Circuit Judges ORDER Upon consideration of the emergency motions for stay pending review, the oppositions thereto, and the replies; the motions to participate as amicus curiae and the lodged amicus briefs submitted by Teamsters California and Local Governments and Local Government Leaders; the notice of intention to participate as amicus curiae, which the court construes as a motion to participate as amicus curiae, and the amicus brief submitted by Asylum Seeker Advocacy Project, et al.; the amicus briefs submitted by Waste Pro USA and the Sikh Coalition, et al., which the court construes as including motions to participate as amicus curiae; and the unopposed motion to expedite, it is ORDERED that the motions to participate as amicus curiae be granted. The Clerk is directed to file the lodged amicus briefs. It is FURTHER ORDERED that the motions for stay be denied. For the reasons discussed in the attached statement of Circuit Judge Katsas, joined by Circuit Judge Rao, petitioners have not satisfied the stringent requirements for a stay pending court review. See Nken v. Holder, 556 U.S. 418, 434 (2009); D.C. Circuit Handbook of Practice and Internal Procedures 33 (2025). It is * Circuit Judge Wilkins would grant the emergency motions for stay pending review.  United States Court of Appeals FOR THE DISTRICT OF COLUMBIA CIRCUIT ____________ No. 26-1032 September Term, 2025 FURTHER ORDERED that the following briefing schedule will apply in these consolidated cases: Petitioners’ Briefs June 15, 2026 Respondents’ Brief July 15, 2026 Petitioners’ Reply Briefs July 29, 2026 Deferred Appendix August 5, 2026 Final Briefs August 5, 2026 The Clerk is directed to schedule these consolidated cases for oral argument on the first appropriate date in September 2026. The parties will be informed later of the date of oral argument and the composition of the merits panel. The parties are advised that the court “looks with extreme disfavor on the filing of duplicative briefs in consolidated cases,” see D.C. Circuit Handbook of Practice and Internal Procedures 38 (2025), and the parties are encouraged to collaborate to avoid duplication of arguments in their briefs. The court reminds the parties that: In cases involving direct review in this court of administrative actions, the brief of the appellant or petitioner must set forth the basis for the claim of standing. . . . The brief must include arguments and cite evidence establishing by a “substantial probability” the claim of standing. See D.C. Cir. Rule 28(a)(7); Sierra Club v. EPA, 292 F.3d 895, 898 (D.C. Cir. 2002). Petitioners should raise all issues and arguments in the opening brief. The court ordina