Case: Lujan v. FMCSA

25-1215 | U.S. Court of Appeals for the District of Columbia Circuit

Filed Date: Oct. 20, 2025

Case Ongoing

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Case Summary

On October 20, 2025, two truck drivers — one of whom is a DACA recipient and the other is an asylum seeker — along with the American Federation of State, County and Municipal Employees (AFSCME), and the American Federation of Teachers (AFT), filed a petition for review in the U.S. Court of Appeals for the District of Columbia Circuit. This lawsuit was filed in response to an Interim Final Rule issued by the Federal Motor Carrier Safety Administration (FMCSA) on September 29, 2025. FMCSA's rule bars asylum seekers, refugees, and Deferred Action for Childhood Arrivals (DACA) recipients with work authorization from holding non-domiciled commercial driver’s licenses, which are required to operate commercial motor vehicles like trucks and school buses. Approximately 200,000 people will no longer be able to hold these licenses—and therefore be out of work—as a result of this rule. Represented by AFL-CIO (for which AFSCME is an affiliate), AFT’s counsel, and Public Citizen Litigation Group, Petitioners sought review of the Interim Final Rule by the court. The case was reviewed by a rotating panel of three circuit judges: [name the judges].

On October 24, 2025, Petitioners submitted an emergency motion to stay the Interim Final Rule that barred individuals, including the Petitioners, from doing their jobs. In the motion, they assert that the Rule was implemented without following the Administrative Procedure Act’s (APA) notice-and-comment requirement. They further argue that the rule has led to devastating harm to workers, their families, and the communities that rely on their essential work.

The same day, this case was consolidated with Martin Luther King Jr. County v. Sean Duffy (2025), in which Martin Luther King, Jr. County (“The County”) petitioned for review of the same FMSCA Interim Final Rule. The County filed an additional emergency motion to stay the Interim Final Rule pending judicial review.

Respondents opposed the motion to stay proceedings pending appeal because they claimed that individuals must submit a driving history to obtain a commercial driver’s license for review, which is not possible for aliens not domiciled in the U.S. They stated that because the Interim Final Rule was issued in the interest of public safety, the stay should not be granted.

On November 10, 2025, one panel of circuit judges (Judge Henderson, Wilkins, and Pan) granted an administrative stay of the Interim Final Rule pending further order of the court. On November 13, two out of three panel judges found that Petitioners were likely to succeed in at least three of their challenges to the Interim Final Rule, and thereby dissolved the administrative stay to grant the emergency stay.

Respondents filed an unopposed motion to hold the case in abeyance on November 19, 2025. They stated that they would like the time necessary to promulgate a final rule in order to conserve resources and avoid having parties write up briefs that end up contradicting the language in the final rule.

This case is ongoing.

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Summary Authors

Ayah Elsheikh (11/25/2025)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/71701019/parties/jorge-lujan-v-fmcsa/

Expert/Monitor/Master/Other

Attorney, Bradley Hinshelwood,

Blumin, Matthew Stark

Crapo, Matt A.

Early, Cormac

Goldstein, Elena

Expert/Monitor/Master/Other

Attorney, Bradley Hinshelwood,

Blumin, Matthew Stark

Jerome, Simon Gregory

Liu, Wendy

McCusker, Caitlin

Merrill, Toby R.

Paterson, Teague Pryde

Attorney Contact Information via CourtListener

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Documents in the Clearinghouse

	Document
1208787382 25-1215	Petition for Review Lujan v. Federal Motor Carrier Safety Administration	Oct. 20, 2025	Oct. 20, 2025 Pleading / Motion / Brief
2144602 25-1215	Order Lujan et al. v. Federal Motor Carrier Safety Administration, et al.	Nov. 10, 2025	Nov. 10, 2025 Order/Opinion
2145204 25-1215	Order Lujan et al. v. Federal Motor Carrier Safety Administration, et al.	Nov. 13, 2025	Nov. 13, 2025 Order/Opinion 2025 WL 3182504

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/71701019/jorge-lujan-v-fmcsa/

Last updated Dec. 3, 2025, 12:25 a.m.

ECF Number	Description	Date	Link Date / Link
1208787382	PETITION FOR REVIEW [2141148] of a decision by federal agency filed by American Federation of State, County & Municipal Employees, AFL-CIO, American Federation of Teachers and Jorge Rivera Lujan [Service Date: 10/20/2025 ] Disclosure Statement: Attached. [25-1215] [Entered: 10/20/2025 02:26 PM]	Oct. 20, 2025	Oct. 20, 2025 Clearinghouse
1208787387	CERTIFIED COPY [2141153] of Petition for Review sent to respondent [2141148-2] [25-1215] [Entered: 10/20/2025 02:27 PM]	Oct. 20, 2025	Oct. 20, 2025 RECAP
1208787396	CLERK'S ORDER [2141158] filed directing party to file initial submissions: PETITIONER docketing statement due 11/19/2025. PETITIONER certificate as to parties due 11/19/2025. PETITIONER statement of issues due 11/19/2025. PETITIONER underlying decision due 11/19/2025. PETITIONER deferred appendix statement due 11/19/2025. PETITIONER procedural motions due 11/19/2025. PETITIONER dispositive motions due 12/04/2025; directing party to file initial submissions: RESPONDENT entry of appearance due 11/19/2025. RESPONDENT procedural motions due 11/19/2025. RESPONDENT certified index to record due 12/04/2025. RESPONDENT dispositive motions due 12/04/2025 [25-1215] [Entered: 10/20/2025 02:30 PM]	Oct. 20, 2025	Oct. 20, 2025
	PETITION FOR REVIEW CASE docketed. [25-1215] [Entered: 10/20/2025 02:25 PM]	Oct. 20, 2025	Oct. 20, 2025
1208788833	ENTRY OF APPEARANCE [2141865] filed by Simon G. Jerome and co-counsel Brad Hinshelwood on behalf of Respondents DOT, FMCSA and United States. [25-1215] (Jerome, Simon)	Oct. 23, 2025	Oct. 23, 2025
1208789116	EMERGENCY MOTION [2142017] to stay underlying order pending appeal filed by American Federation of State, County & Municipal Employees, AFL-CIO, American Federation of Teachers and Jorge Rivera Lujan (Service Date: 10/24/2025 by CM/ECF NDA) Length Certification: 5,191 words. [25-1215] (Liu, Wendy)	Oct. 24, 2025	Oct. 24, 2025 RECAP
1208789138	CLERK'S ORDER [2142029] filed consolidating cases 25-1224 (Consolidation started 10/24/2025) with 25-1215 [25-1215, 25-1224]	Oct. 24, 2025	Oct. 24, 2025 RECAP
1208789152	ENTRY OF APPEARANCE [2142042] filed by Kevin J. Kennedy on behalf of Petitioner Martin Luther King, Jr. County in 25-1224. [25-1224, 25-1215] (Kennedy, Kevin) [Entered: 10/24/2025 03:57 PM]	Oct. 24, 2025	Oct. 24, 2025
1208789295	EMERGENCY MOTION [2142094] to stay underlying order pending appeal filed by Martin Luther King, Jr. County in 25-1224 (Service Date: 10/24/2025 by CM/ECF NDA) Length Certification: 5106 words. [25-1224, 25-1215] (Kennedy, Kevin) [Entered: 10/24/2025 09:36 PM]	Oct. 24, 2025	Oct. 24, 2025 RECAP
1208789657	PER CURIAM ORDER [2142296] filed ORDERED, on the court's own motion, that respondents file a joint response to the two emergency motions [2142017-2] & [2142094-2] by 5:00 p.m. on Friday, October 31, 2025, and that petitioners file any replies by 5:00 p.m. on Monday, November 3, 2025. Before Judges: Katsas, Walker and Childs. [25-1215, 25-1224]	Oct. 27, 2025	Oct. 27, 2025 RECAP
1208790782	AMICUS FOR PETITIONER BRIEF [2142900] filed by Local Governments and Local Government Leaders as Amici Curiae [Service Date: 10/29/2025 ] Length of Brief: 2785 words. [25-1215, 25-1224] (McCusker, Caitlin)	Oct. 29, 2025	Oct. 29, 2025 RECAP
1208790852	AMICUS FOR PETITIONER BRIEF [2142921] filed by THE SIKH COALITION, THE GURDWARA SAHIB OF STOCKTON, THE JAKARA MOVEMENT, SIKH AMERICAN LEGAL DEFENSE AND EDUCATION FUND, UNITED SIKHS, CALIFORNIA SIKH YOUTH ALLIANCE, AND UMEED-HOPE [Service Date: 10/30/2025 ] Length of Brief: 2,595 Words. [25-1215, 25-1224] (Sra, Sahel)	Oct. 30, 2025	Oct. 30, 2025 RECAP
1208791257	EMERGENCY AMICUS FOR PETITIONER FINAL BRIEF [2143133] filed by Asylum Seeker Advocacy Project and National Employment Law Project [Service Date: 10/30/2025 ] Length of Brief: 2523 words. [25-1215] (Sellers, Joseph)	Oct. 30, 2025	Oct. 30, 2025 RECAP
2143217	CONSENT MOTION [2143217] to participate as amicus curiae [Disclosure Listing: Attached] filed by Federation for American Immigration Reform [Service Date: 10/31/2025 ] [25-1215, 25-1224] (Crapo, Matt) 2 Amicus for Appellee/Respondent Brief Filed View on RECAP 1 Motion to Participate as Amicus Curiae Filed View on RECAP	Oct. 31, 2025	Oct. 31, 2025
1208791435	CONSENT MOTION [2143217] to participate as amicus curiae [Disclosure Listing: Attached] filed by Federation for American Immigration Reform [Service Date: 10/31/2025 ] [25-1215, 25-1224] (Crapo, Matt) [Entered: 10/31/2025 10:42 AM]	Oct. 31, 2025	Oct. 31, 2025
1208791681	JOINT RESPONSE IN OPPOSITION [2143339] to motion for stay pending appeal [2142094-2], motion for stay pending appeal [2142017-2] filed by DOT, FMCSA and United States in 25-1215, DOT, Sean P. Duffy, FMCSA and USA in 25-1224 [Service Date: 10/31/2025 by CM/ECF NDA] Length Certification: 5193. [25-1215, 25-1224] (Jerome, Simon)	Oct. 31, 2025	Oct. 31, 2025 RECAP
1208791702	AMICUS FOR RESPONDENT BRIEF [2143351] LODGED by Federation for American Immigration Reform in 25-1215, 25-1224 [Service Date: 10/31/2025 ] Length of Brief: 1,628 words. [25-1215, 25-1224] [Entered: 10/31/2025 04:37 PM]	Oct. 31, 2025	Oct. 31, 2025
2143578	REPLY [2143578] filed by American Federation of State, County & Municipal Employees, AFL-CIO, American Federation of Teachers, Jorge Rivera Lujan and Aleksei Semenovskii in 25-1215 to response [2143339-2] [Service Date: 11/03/2025 by CM/ECF NDA] Length Certification: 2,521 Words. [25-1215, 25-1224] (Liu, Wendy)	Nov. 3, 2025	Nov. 3, 2025 RECAP
1208792106	REPLY [2143578] filed by American Federation of State, County & Municipal Employees, AFL-CIO, American Federation of Teachers, Jorge Rivera Lujan and Aleksei Semenovskii in 25-1215 to response [2143339-2] [Service Date: 11/03/2025 by CM/ECF NDA] Length Certification: 2,521 Words. [25-1215, 25-1224] (Liu, Wendy)	Nov. 3, 2025	Nov. 3, 2025
1208792127	REPLY [2143589] filed by Martin Luther King, Jr. County in 25-1224 to response [2143339-2] [Service Date: 11/03/2025 by CM/ECF NDA] Length Certification: 2600 words. [25-1224, 25-1215] (Kennedy, Kevin) [Entered: 11/03/2025 04:55 PM]	Nov. 3, 2025	Nov. 3, 2025
2144602	PER CURIAM ORDER [2144602] filed ORDERED that the Federal Motor Carrier Safety Administration's interim final rule, 90 Fed. Reg. 46,509 (Sept. 29, 2025), be administratively stayed pending further order of the court. Before Judges: Henderson, Wilkins and Pan ( Circuit Judge Henderson would not grant an administrative stay.) [25-1215, 25-1224]	Nov. 10, 2025	Nov. 10, 2025 Clearinghouse
2144635	DOCKETING STATEMENT [2144635] filed by American Federation of State, County & Municipal Employees, AFL-CIO, American Federation of Teachers, Jorge Rivera Lujan and Aleksei Semenovskii in 25-1215 [Service Date: 11/10/2025 ] [25-1215, 25-1224] (Liu, Wendy)	Nov. 10, 2025	Nov. 10, 2025 RECAP
2144639	CERTIFICATE AS TO PARTIES, RULINGS AND RELATED CASES [2144639] filed by American Federation of State, County & Municipal Employees, AFL-CIO, American Federation of Teachers, Jorge Rivera Lujan and Aleksei Semenovskii in 25-1215 [Service Date: 11/10/2025 ] [25-1215, 25-1224] (Liu, Wendy)	Nov. 10, 2025	Nov. 10, 2025 RECAP
2144641	STATEMENT OF INTENT REGARDING APPENDIX DEFERRAL [2144641] filed by American Federation of State, County & Municipal Employees, AFL-CIO, American Federation of Teachers, Jorge Rivera Lujan and Aleksei Semenovskii in 25-1215 [Service Date: 11/10/2025 ] Intent: AppxNotDeferred [25-1215, 25-1224] (Liu, Wendy)	Nov. 10, 2025	Nov. 10, 2025 RECAP
2144642	STATEMENT OF ISSUES [2144642] filed by American Federation of State, County & Municipal Employees, AFL-CIO, American Federation of Teachers, Jorge Rivera Lujan and Aleksei Semenovskii in 25-1215 [Service Date: 11/10/2025 ] [25-1215, 25-1224] (Liu, Wendy)	Nov. 10, 2025	Nov. 10, 2025 RECAP
2144646	UNDERLYING DECISION IN CASE [2144646] submitted by American Federation of State, County & Municipal Employees, AFL-CIO, American Federation of Teachers, Aleksei Semenovskii and Jorge Rivera Lujan in 25-1215 [Service Date: 11/10/2025 ] [25-1215, 25-1224] (Liu, Wendy)	Nov. 10, 2025	Nov. 10, 2025 RECAP
1208793958	PER CURIAM ORDER [2144602] filed ORDERED that the Federal Motor Carrier Safety Administration’s interim final rule, 90 Fed. Reg. 46,509 (Sept. 29, 2025), be administratively stayed pending further order of the court. Before Judges: Henderson, Wilkins and Pan ( Circuit Judge Henderson would not grant an administrative stay.) [25-1215, 25-1224] [Entered: 11/10/2025 01:18 PM]	Nov. 10, 2025	Nov. 10, 2025
1208794012	DOCKETING STATEMENT [2144635] filed by American Federation of State, County & Municipal Employees, AFL-CIO, American Federation of Teachers, Jorge Rivera Lujan and Aleksei Semenovskii in 25-1215 [Service Date: 11/10/2025 ] [25-1215, 25-1224] (Liu, Wendy) [Entered: 11/10/2025 02:59 PM]	Nov. 10, 2025	Nov. 10, 2025
1208794027	CERTIFICATE AS TO PARTIES, RULINGS AND RELATED CASES [2144639] filed by American Federation of State, County & Municipal Employees, AFL-CIO, American Federation of Teachers, Jorge Rivera Lujan and Aleksei Semenovskii in 25-1215 [Service Date: 11/10/2025 ] [25-1215, 25-1224] (Liu, Wendy) [Entered: 11/10/2025 03:03 PM]	Nov. 10, 2025	Nov. 10, 2025
1208794030	STATEMENT OF INTENT REGARDING APPENDIX DEFERRAL [2144641] filed by American Federation of State, County & Municipal Employees, AFL-CIO, American Federation of Teachers, Jorge Rivera Lujan and Aleksei Semenovskii in 25-1215 [Service Date: 11/10/2025 ] Intent: AppxNotDeferred [25-1215, 25-1224] (Liu, Wendy) [Entered: 11/10/2025 03:05 PM]	Nov. 10, 2025	Nov. 10, 2025
1208794033	STATEMENT OF ISSUES [2144642] filed by American Federation of State, County & Municipal Employees, AFL-CIO, American Federation of Teachers, Jorge Rivera Lujan and Aleksei Semenovskii in 25-1215 [Service Date: 11/10/2025 ] [25-1215, 25-1224] (Liu, Wendy) [Entered: 11/10/2025 03:07 PM]	Nov. 10, 2025	Nov. 10, 2025
1208794042	UNDERLYING DECISION IN CASE [2144646] submitted by American Federation of State, County & Municipal Employees, AFL-CIO, American Federation of Teachers, Aleksei Semenovskii and Jorge Rivera Lujan in 25-1215 [Service Date: 11/10/2025 ] [25-1215, 25-1224] (Liu, Wendy) [Entered: 11/10/2025 03:11 PM]	Nov. 10, 2025	Nov. 10, 2025
1208794338	ENTRY OF APPEARANCE [2144760] filed by Eugene Lee on behalf of Petitioner Martin Luther King, Jr. County in 25-1224. [25-1224, 25-1215] (Lee, Eugene) [Entered: 11/11/2025 02:05 PM]	Nov. 11, 2025	Nov. 11, 2025
2145204	PER CURIAM ORDER [2145204] filed ORDERED that the motions for leave to participate as amici [2142900-2], [2142921-2], & [2143217-2] be granted. The Clerk is directed to file the lodged amicus brief [2143351-2]. It is FURTHER ORDERED that the administrative stay be dissolved. It is FURTHER ORDERED that the emergency motions for stay [2142017-2] & [2142094-2] be granted (SEE ORDER FOR MORE DETAILS). Before Judges: Henderson, Wilkins and Pan. ( A dissenting statement from Circuit Judge Henderson is attached.) [25-1215, 25-1224]	Nov. 13, 2025	Nov. 13, 2025 Clearinghouse
1208795186	PER CURIAM ORDER [2145204] filed ORDERED that the motions for leave to participate as amici [2142900-2], [2142921-2], & [2143217-2] be granted. The Clerk is directed to file the lodged amicus brief [2143351-2]. It is FURTHER ORDERED that the administrative stay be dissolved. It is FURTHER ORDERED that the emergency motions for stay [2142017-2] & [2142094-2] be granted (SEE ORDER FOR MORE DETAILS). Before Judges: Henderson, Wilkins and Pan. ( A dissenting statement from Circuit Judge Henderson is attached.) [25-1215, 25-1224] [Entered: 11/13/2025 05:24 PM]	Nov. 13, 2025	Nov. 13, 2025
	PER ABOVE ORDER lodged amicus brief [2143351-2] is filed. [25-1215, 25-1224]	Nov. 13, 2025	Nov. 13, 2025
	PER ABOVE ORDER lodged amicus brief [2143351-2] is filed. [25-1215, 25-1224] [Entered: 11/13/2025 05:26 PM]	Nov. 13, 2025	Nov. 13, 2025
1208796381	STATEMENT OF ISSUES [2145834] filed by Martin Luther King, Jr. County in 25-1224 [Service Date: 11/17/2025 ] [25-1224, 25-1215] (Kennedy, Kevin) [Entered: 11/17/2025 06:36 PM]	Nov. 17, 2025	Nov. 17, 2025
1208796387	DOCKETING STATEMENT [2145836] filed by Martin Luther King, Jr. County in 25-1224 [Service Date: 11/17/2025 ] [25-1224, 25-1215] (Kennedy, Kevin) [Entered: 11/17/2025 06:37 PM]	Nov. 17, 2025	Nov. 17, 2025
1208796396	STATEMENT OF INTENT REGARDING APPENDIX DEFERRAL [2145839] filed by Martin Luther King, Jr. County in 25-1224 [Service Date: 11/17/2025 ] Intent: AppxNotDeferred [25-1224, 25-1215] (Kennedy, Kevin) [Entered: 11/17/2025 06:38 PM]	Nov. 17, 2025	Nov. 17, 2025
1208796402	CERTIFICATE AS TO PARTIES, RULINGS AND RELATED CASES [2145841] filed by Martin Luther King, Jr. County in 25-1224 [Service Date: 11/17/2025 ] [25-1224, 25-1215] (Kennedy, Kevin) [Entered: 11/17/2025 06:39 PM]	Nov. 17, 2025	Nov. 17, 2025
1208796405	UNDERLYING DECISION IN CASE [2145842] submitted by Martin Luther King, Jr. County in 25-1224 [25-1224, 25-1215] (Kennedy, Kevin) [Entered: 11/17/2025 06:40 PM]	Nov. 17, 2025	Nov. 17, 2025 RECAP
2146234	MOTION [2146234] to hold case in abeyance filed by DOT, FMCSA and United States in 25-1215, DOT, Sean P. Duffy, FMCSA and USA in 25-1224 (Service Date: 11/19/2025 by CM/ECF NDA) Length Certification: 396 words. [25-1215, 25-1224] (Jerome, Simon)	Nov. 19, 2025	Nov. 19, 2025 RECAP
1208797155	MOTION [2146234] to hold case in abeyance filed by DOT, FMCSA and United States in 25-1215, DOT, Sean P. Duffy, FMCSA and USA in 25-1224 (Service Date: 11/19/2025 by CM/ECF NDA) Length Certification: 396 words. [25-1215, 25-1224] (Jerome, Simon)	Nov. 19, 2025	Nov. 19, 2025
2147040	RESPONSE [2147040] to motion [2146234-2] filed by American Federation of State, County & Municipal Employees, AFL-CIO, American Federation of Teachers, Aleksei Semenovskii and Jorge Rivera Lujan in 25-1215 [Service Date: 11/24/2025 by CM/ECF NDA] Length Certification: 116 Words. [25-1215, 25-1224] (Liu, Wendy)	Nov. 24, 2025	Nov. 24, 2025 RECAP
1208798832	RESPONSE [2147040] to motion [2146234-2] filed by American Federation of State, County & Municipal Employees, AFL-CIO, American Federation of Teachers, Aleksei Semenovskii and Jorge Rivera Lujan in 25-1215 [Service Date: 11/24/2025 by CM/ECF NDA] Length Certification: 116 Words. [25-1215, 25-1224] (Liu, Wendy)	Nov. 24, 2025	Nov. 24, 2025

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Case Details

State / Territory:

District of Columbia

Case Type(s):

Immigration and/or the Border

Special Collection(s):

Trump 1.0 & 2.0 Immigration Enforcement Order Challenges

Trump Administration 2.0: Challenges to the Government

Immigration Enforcement

Key Dates

Filing Date: Oct. 20, 2025

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

DACA recipient Jorge Rivera Lujan, asylum seeker Aleksei Semenovskii — along with the American Federation of State, County and Municipal Employees (AFSCME), and the American Federation of Teachers (AFT)

Plaintiff Type(s):

Private Plaintiff

Public (for-profit) corporation

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Defendant Type(s):

Jurisdiction-wide

Transportation

Facility Type(s):