Laureano — Third Circuit granted the government’s petition for rehearing en banc and vacated its prior decision

Case
Patria Laureano v. Attorney General United States of America
Court
U.S. Court of Appeals for the Third Circuit
Judge
Michael A. Chagares (George W. Bush, 2006); Thomas M. Hardiman (George W. Bush, 2007); Patty Shwartz (Barack Obama, 2013); Cheryl Ann Krause (Barack Obama, 2014); L. Felipe Restrepo (Barack Obama, 2016); Stephanos Bibas (Donald Trump, 2017); David J. Porter (Donald Trump, 2018); Paul B. Matey (Donald Trump, 2019); Peter J. Phipps (Donald Trump, 2019); Arianna J. Freeman (Joe Biden, 2022); Tamika R. Montgomery-Reeves (Joseph R. Biden, 2022); Cindy K. Chung (Joe Biden, 2023); Emil Bove (Donald Trump, 2025); Jennifer L. Mascott (Donald J. Trump, 2025); D. Michael Fisher (George W. Bush, 2003)
Date Decided
September 2, 2026
Docket No.
24-2433
Topics
Immigration; En Banc Rehearing; Appellate Procedure
Source
Read the full opinion

Background

Patria Laureano petitioned for review in an immigration matter involving the Attorney General. The Third Circuit had entered an opinion and judgment on May 29, 2026.

Both Laureano and the government filed petitions for rehearing. The court submitted the petitions to the judges who participated in the decision and to the other available active circuit judges.

The Court’s Holding

The Third Circuit denied Laureano’s petition for rehearing because no judge who concurred in the decision requested rehearing and a majority of the active judges did not vote for rehearing.

The court granted the government’s petition for rehearing en banc after a majority of the active judges voted in favor. It vacated the May 29, 2026 opinion and judgment, directed Laureano to file a supplemental response brief by noon on September 21, 2026, and scheduled en banc oral argument for October 14, 2026. The order did not decide the merits of the immigration dispute.

Key Takeaways

  • The government obtained rehearing before the en banc Third Circuit.
  • The court denied Laureano’s separate rehearing petition.
  • The panel’s May 29, 2026 opinion and judgment are vacated and no longer constitute the court’s operative disposition.

Why It Matters

The order resets the appeal for consideration by the en banc court, leaving the underlying legal issues unresolved until the full court issues a new decision.

For practitioners, the vacatur is immediately significant because the prior opinion cannot be treated as the Third Circuit’s controlling resolution of the case while en banc proceedings remain pending.

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