Third-country removals

Status: Awaiting decision — D.V.D. v. U.S. Department of Homeland Security (third-country removals) (SCOTUS No. 26-426 (DHS v. D.V.D.; stay granted and cert granted Sept. 29, 2026; argument Dec. 9, 2026); earlier stay No. 24A1153; 1st Cir. No. 26-1212; D. Mass. 1:25-cv-10676)

At the U.S. Supreme Court (No. 26-426). On September 29, 2026 the Court put on hold the district court's February 25, 2026 judgment that had set aside DHS's third-country removal guidance, and agreed to decide the case, with argument set for December 9, 2026. While that hold lasts, DHS can keep carrying out third-country removals under its guidance. The First Circuit had largely upheld the judgment on September 18, 2026.

Next step: Supreme Court argument on December 9, 2026. The Court's September 29 order says the stay ends when the Court sends down its judgment, and asks the parties to brief whether the district court had jurisdiction, whether it could grant class-wide declaratory relief and set the guidance aside under 8 U.S.C. §1252(f)(1), and whether the guidance is unlawful under 8 U.S.C. §1231(b), the Due Process Clause or the Convention Against Torture law (FARRA). Briefs are due October 23 (government) and November 16 (class), and the reply brief must be filed, and actually received by the Clerk, by 2 p.m. on December 1, 2026.

Last editorial review: 2026-10-08 — status can change with a single court ruling. Official source.

What’s happening

At the U.S. Supreme Court (No. 26-426). On September 29, 2026 the Court put on hold the district court’s February 25, 2026 judgment that had set aside DHS’s third-country removal guidance, and agreed to decide the case, with argument set for December 9, 2026. While that hold lasts, DHS can keep carrying out third-country removals under its guidance. The First Circuit had largely upheld the judgment on September 18, 2026.

Who it affects

Noncitizens already physically in the United States who have final orders of removal and whom DHS seeks to deport to a “third country” — one not designated in their removal proceedings and often not their country of origin (e.g., South Sudan, Eswatini). The litigation concerns whether DHS must give advance written notice and a meaningful chance to raise a fear-of-torture (Convention Against Torture) claim before such a removal.

How it got here

  1. Apr 18, 2025 U.S. District Court for the District of Massachusetts (Judge Brian E. Murphy) issued a class-wide preliminary injunction barring third-country removals without written notice in a language the person understands and a meaningful opportunity (at least ~10-15 days) to raise a Convention Against Torture (CAT) fear claim.
  2. Jun 23, 2025 Supreme Court stayed the April 18 preliminary injunction pending the First Circuit appeal and any cert petition, letting DHS resume third-country removals. Justice Sotomayor dissented, joined by Justices Kagan and Jackson, calling it a 'gross abuse' of discretion.
  3. Jul 4, 2025 Eight men were deported to South Sudan after the stays took effect.
  4. Feb 25, 2026 Judge Murphy granted partial summary judgment for the class: declared DHS's third-country removal policy unlawful and set it aside (APA vacatur), and stayed his own order ~15 days to let the government seek a First Circuit stay.
  5. Mar 16, 2026 The First Circuit granted DHS a stay pending appeal of the district court's February 25, 2026 judgment.
  6. Sep 18, 2026 The First Circuit largely affirmed the final judgment (No. 26-1212). It vacated, on standing grounds, the two declarations about which countries DHS must seek first, and otherwise affirmed.
  7. Sep 23, 2026 The First Circuit dissolved its March 16, 2026 stay pending appeal, so the district court's judgment took effect again.
  8. Sep 29, 2026 The Supreme Court stayed the district court's February 25, 2026 order and judgment and granted certiorari (No. 26-426). Justices Sotomayor, Kagan and Jackson would have denied the stay. The stay lasts until the Court sends down its judgment.
  9. Oct 1, 2026 The Supreme Court set argument for Wednesday, December 9, 2026, with briefs due October 23, November 16 and December 1, 2026.

What to watch next

Supreme Court argument on December 9, 2026. The Court’s September 29 order says the stay ends when the Court sends down its judgment, and asks the parties to brief whether the district court had jurisdiction, whether it could grant class-wide declaratory relief and set the guidance aside under 8 U.S.C. §1252(f)(1), and whether the guidance is unlawful under 8 U.S.C. §1231(b), the Due Process Clause or the Convention Against Torture law (FARRA). Briefs are due October 23 (government) and November 16 (class), and the reply brief must be filed, and actually received by the Clerk, by 2 p.m. on December 1, 2026.

Official sources

This page is general information about ongoing litigation, not legal advice. A case’s status can change with a single ruling, and outcomes can turn on facts specific to each person. For advice on a specific situation, consult a licensed immigration attorney or a DOJ-accredited representative.