Appeals court says DHS must provide notice before many third-country removals

The First Circuit largely affirmed a ruling requiring DHS to give effective notice and a meaningful chance to raise fear-based claims before removing certain people with final removal orders to a third country not named in their prior case. The court vacated only the sequencing declarations on standing grounds.

The U.S. Court of Appeals for the First Circuit issued a Sept. 18, 2026 opinion in D.V.D. v. Department of Homeland Security, No. 26-1212. Plain English: the case concerns people with final removal orders who face removal to a third country — a country not designated in their removal order and not identified in writing during their prior removal proceedings as a potential country of removal. The court said DHS must provide effective notice of the intended removal to a specified third country and a meaningful opportunity to contest removal to that country based on fear of persecution or torture there. The court vacated two sequencing-related declarations on standing grounds, but otherwise affirmed the final judgment. This is a court ruling and may be affected by further appeals, stays, district-court proceedings or agency implementation. General information, not legal advice. Anyone facing removal should consult a qualified immigration attorney or accredited representative for case-specific advice.

This is general immigration news, not legal advice. For advice about your situation, consult a licensed immigration attorney.