DOJ Tries to Deport Peruvian Man to Central African Republic Hours After Appeals Court Blocked Third-Country Removals

A Department of Justice attorney asked a federal judge late Wednesday, September 24, 2026 to lift a stay blocking the transfer of a Peruvian man out of Massachusetts so ICE could move him to another facility 'to effectuate his removal' to the Central African Republic — a country he has never been to — despite a September 18, 2026 ruling from a three-judge panel of the 1st U.S. Circuit Court of Appeals upholding a lower court's finding that the administration's 'third-country removal' program violated the law. The man had previously been granted Convention Against Torture protection barring his removal to Peru. After an emergency filing from his attorneys, the appeals court wrote just before midnight that, 'consistent with this court's September 18, 2026, Judgment, the March 16, 2026, stay pending appeal is dissolved,' blocking the transfer. DHS General Counsel James Percival argued 'the third country deportation policy continues, as the First Circuit's ruling is not currently in effect,' while Immigration Litigation Alliance executive director Trina Realmuto said the administration 'refused to acknowledge that they lost in court' and 'came up with this technical point' to keep pursuing the removal. Acting Associate Attorney General nominee testimony aside, DOJ has said it intends to appeal the underlying ruling.