The U.S. Attorney’s Office for the Western District of Washington has reportedly told the court it does not have the resources to defend every immigration detention habeas case now being filed, and that in some matters it will allow judges to decide petitions without opposition from the government.

The U.S. Attorney’s Office for the Western District of Washington has told a federal judge that it does not have the staffing to respond to every immigration detention habeas petition now being filed in the district. The office said the volume of cases tied to immigration enforcement has become unmanageable, and that in some matters it may file no response at all — leaving judges to decide petitions without the government’s opposition.

The notice, attributed to Acting U.S. Attorney Charles Floyd and directed to U.S. District Judge David Estudillo, is a striking acknowledgement of the pressure that immigration-related emergency litigation is placing on federal court dockets.

The Supreme Court denied certiorari in Petition DENIED Justice Thomas with whom, but the docket entry indicates the denial was accompanied by a statement or dissent from Justice Thomas joined by another Justice. While a cert denial does not decide the merits and creates no binding precedent, separate writings can still be important signals for litigants tracking where the Court may be headed next.

Because the Court declined review, the lower-court judgment remains in place.