Overview
- A three-judge First Circuit panel granted a 2-1 stay, with Judges Jeffrey R. Howard and Seth Aframe in the majority and Judge Lara Montecalvo dissenting.
- The order halts U.S. District Judge Brian E. Murphy’s ruling that required prioritizing return to a migrant’s home country and providing a meaningful chance to contest transfers.
- The court set an expedited schedule, directing the government to file its brief in 14 days and plaintiffs to respond 14 days later, with arguments to follow shortly after.
- Justice Department lawyers argued third-country removals demand tight timing and sensitive diplomacy, while advocates cited safety risks, including a case of a Guatemalan man assaulted after being sent to Mexico.
- The Supreme Court previously lifted earlier restrictions on the policy, and the dispute could return to the justices after the First Circuit rules.