Appeals court ruling takes effect on third-country removals

The First Circuit Court of Appeals on Wednesday dissolved a stay that had kept a lower-court ruling on hold, putting into effect restrictions on the federal government’s process for removing immigrants to countries other than those named in their removal orders. The ruling requires meaningful notice and an opportunity to raise concerns about possible persecution or torture before such a transfer. The Trump administration said it would seek emergency relief from the Supreme Court to resume the removals. The Justice Department filed an application with the Supreme Court on September 24, asking it to pause the effect of the appellate decision. Justice Ketanji Brown Jackson directed the opposing side to respond by 4 p.m. on September 28. The available reports do not establish whether the Supreme Court later ruled on the request. The dispute concerns a Department of Homeland Security policy for sending people with final removal orders to third countries when they cannot be quickly returned to their home countries. The First Circuit’s September 18 decision largely upheld a February ruling by U.S. District Judge Brian Murphy that set aside the department’s guidance.