D.V.D. v. U.S. Department of Homeland Security

About the case

D.V.D. is a major due-process and statutory challenge to DHS third-country removals. The case matters because it defines the minimum process the government must provide before removing people to countries not previously designated in their immigration proceedings. On September 18, 2026, the First Circuit vacated the district court's sequencing declarations for lack of standing but otherwise affirmed the judgment, including the requirement that class members receive effective notice and a meaningful opportunity to raise fear-based claims before third-country removal. DHS filed a Supreme Court emergency stay application on September 24, 2026. On September 29, 2026, the Supreme Court stayed the district court's February 25 order and judgment and granted certiorari, directing briefing on jurisdiction, the authority for classwide declaratory relief and APA vacatur, and the legality of the third-country-removal guidance. The government submitted its opening merits brief and the joint appendix on October 23, 2026.

Relief

The plaintiffs seek to stop removals to third countries without written notice and a meaningful opportunity to raise fear-based claims.

What's next

Respondents' merits brief is due November 16, 2026, and the reply December 1; argument is set for December 9.