Third-country removals

Status: In litigation — D.V.D. v. U.S. Department of Homeland Security (third-country removals) (SCOTUS 24A1153; D. Mass. 1:25-cv-10676; 1st Cir. (expedited appeal))

On appeal at the First Circuit (argued May 13, 2026; merits decision pending). The class-wide protective injunction is stayed, so DHS may continue third-country removals while the appeal is decided.

Next step: First Circuit merits decision on the expedited appeal — argued May 13, 2026, expected imminently as of late June 2026; the losing side could seek further review at the U.S. Supreme Court.

Verified against the primary source as of 2026-07-25 — status can change with a single court ruling. Official source.

What’s happening

On appeal at the First Circuit (argued May 13, 2026; merits decision pending). The class-wide protective injunction is stayed, so DHS may continue third-country removals while the appeal is decided.

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. May 13, 2026 First Circuit heard oral argument on the merits of the appeal; a decision was described as expected imminently.

What to watch next

First Circuit merits decision on the expedited appeal — argued May 13, 2026, expected imminently as of late June 2026; the losing side could seek further review at the U.S. Supreme Court.

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.