This was not corrected before briefing, argument, and a court order.

“We write respectfully and regrettably to correct a material mistaken statement of fact that the Government made to the Court and Plaintiffs.”

“the memorandum… referred to as the ‘2025 ICE Guidance’ – does not and has never applied to… immigration courts.”

“the Government withdraws those portions of its briefs… and the statements made at the September 2, 2025 oral argument”

“the Court’s… opinion and order… and Plaintiffs’ briefs… will need to be reconsidered and re-briefed”

“this regrettable error appears to have occurred because of agency attorney error.”