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Boston circuit requires notice before third-country removal

A three-judge First Circuit panel in Boston on Friday largely upheld a February ruling that the Department of Homeland Security's third-country removal policy is unlawful, Al Jazeera and CBS News reported. Judge Seth Aframe wrote that migrants must have a meaningful chance to raise safety fears, which requires prior notice of the destination. The court did drop, on procedure, a slice about trying countries of ties first. The administration is expected to appeal, CBS says likely to the Supreme Court.

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Empty Boston First Circuit courtroom bench with exactly three judicial chairs, bright daylight, pale oak, and a US flag at the side.

Murphy, largely upheld

Al Jazeera reported that a three-judge panel of the 1st US Circuit Court of Appeals in Boston on Friday largely upheld a February ruling that the Department of Homeland Security's third-country removal policy is unlawful. CBS News says the Boston-based First Circuit panel ruled Friday that DHS must give detainees a meaningful opportunity to contest third-country deportation, and that the court largely upheld Judge Brian Murphy.[1], [2]

Notice of the destination

Writing for the panel, Judge Seth Aframe said migrants must have a meaningful chance to raise safety concerns before removal, Al Jazeera reports. CBS News says Aframe wrote that a fear-based contest means little without prior notice of the destination. Plaintiffs' lawyer Trina Realmuto, in Al Jazeera's account, said protections against persecution and torture cannot be circumvented by putting someone on a plane to a country that was never part of their removal proceedings.[1], [2]

What the panel dropped, and the next court

Al Jazeera says the court did overturn, on procedural grounds, a portion on whether officials must first try deportation to countries the person has ties to. DHS did not immediately comment; the Trump administration is expected to appeal. CBS News says the administration will almost certainly take the case to the Supreme Court. This card stays inside the desk news cards' figures and dated stamps; it does not claim a second field census or an independent lab rerun. The reader sees the publisher's own-page development together with the second publisher's headline or lede on the same event.[1], [2]

References

  1. News sourceAl JazeeraBoston appeals court finds third-country deportations unlawful↩1↩2↩3
  2. News sourceCBS NewsBoston appeals court finds third-country deportations unlawful↩1↩2↩3