Appeals court green‑lights third‑country removals
A federal appeals court has allowed Homeland Security to keep deporting immigrants to third countries (not their countries of origin) while litigation continues — a major widening of removal options that courts left in place reported. That ruling forces defense teams to prepare country‑of‑destination evidence and expands where clients might be sent, even as challenges press on.
The First Circuit issued a brief, 2–1 order on March 16, 2026 letting DHS resume third‑country removals while the appeal proceeds. (thehill.com) The dispute is captioned D.V.D. v. DHS, in which U.S. District Judge Brian E. Murphy entered a preliminary injunction on April 18, 2025 that the government has repeatedly appealed. (cases.justia.com) Judge Murphy’s injunction imposed four specific requirements before any third‑country removal could occur—written notice to the individual and counsel in a language the person understands, a meaningful opportunity to raise a Convention Against Torture claim, a process to move to reopen if a “reasonable fear” is shown, and at least 15 days to seek reopening if CAT relief is denied. (litigationtracker.justiceactioncenter.org) The U.S. Supreme Court previously stayed Murphy’s April 18 order on June 23, 2025 pending the First Circuit appeal and any petition for certiorari, with Justice Sotomayor (joined by Kagan and Jackson) dissenting and noting the government had already deported one plaintiff to Guatemala and six others to South Sudan. (supremecourt.gov) The plaintiffs are four anonymized class representatives from Cuba, Honduras, Ecuador and Guatemala, and the district court granted class certification as part of the April 18, 2025 orders. (humanrightsfirst.org) District‑court filings show the court ordered expedited discovery about transfers from Guantanamo and related procedures, a focal point advocates flagged as vulnerable to being bypassed if removals proceed quickly under the First Circuit stay. (litigationtracker.justiceactioncenter.org)
