Because KBJ Denied Administrative Stay in Third-Country Removal Case, The Application Should Be Referred To The Full Court Now

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Cite

Blackman, J. (2026, September 25). Because KBJ Denied Administrative Stay in Third-Country Removal Case, The Application Should Be Referred To The Full Court Now. Reason. https://reason.com/volokh/2026/09/24/because-kbj-denied-administrative-stay-in-third-country-removal-case-the-application-should-be-referred-to-the-full-court-now/

Dated when The Aporia collected the article, usually within hours of publication. Check the original for its exact date and byline.

Reason · collected 2026-09-25 · by Josh Blackman

Quick Summary

The article discusses the Solicitor General's emergency application in United States v. D.V.D., arguing for an immediate administrative stay to allow continued enforcement of third-country removal policies. This policy is crucial for removing criminal aliens from the country. The government claims that without this policy, ongoing deportation operations face significant logistical issues, including canceled flights and increased costs. The article emphasizes the need for a stay due to recent actions by the First Circuit dissolving an existing stay, leading to immediate disruptions in removal processes.
Written by AI on 2026-09-25, from this article's own text only (the story summary below draws on all the coverage).

AI analysis

Story summary

The Trump administration asked the U.S. Supreme Court to allow it to continue swiftly deporting immigrants to third countries, different from their country of origin, after a federal appeals court blocked such deportations due to insufficient process protections for migrants. Attorney General Todd Blanche announced on X that the government would seek immediate relief from the high court, which previously allowed similar removals. Over 25,000 people have been deported under this policy since March 2025, with most sent to Mexico and others to more than two dozen countries. The administration argues these deportations are crucial for public safety, targeting individuals who pose a criminal threat or whose home countries refuse them entry. However, critics claim the policy lacks due process protections and targets those granted legal protection from deportation back to their home countries. On September 24th, the Supreme Court temporarily allowed the policy to continue while it considers full oral arguments in December, despite objections from Justices Sonia Sotomayor, Elena Kagan, and Ketanji Brown Jackson.

Written for “Third Country Deportations Policy” on 2026-10-30, grounded in this article and the 17 other(s) covering the same event.

Story

📰 Third Country Deportations Policy
Politics · 18 article(s) covering the same event. Compare every outlet's account →

Compared with similar articles

This article reads leans strongly right and hedges 2% of its claims. Each row says how that neighbour differs.
ABC News (US)
Hedges 2 of 17 claims Outlet record 70/100
“The articles discuss related legal actions and cases but do not describe the same specific incident or court hearing.”
Toronto Star
⚖️ Leans strongly right Hedges 2 of 17 claims Outlet record 64/100
The Straits Times
⚖️ Leans strongly right Hedges 4 of 23 claims Outlet record 66/100
CBS News
Hedges 0 of 19 claims Outlet record 66/100
Fox News
⚖️ Leans right further left than this Hedges 6 of 20 claims Outlet record 70/100
The Guardian
⚖️ Leans strongly left further left than this Hedges 0 of 15 claims Outlet record 66/100
“Article A discusses an emergency application in a third-country removal case, while Article B focuses on Justice Ketanji Brown Jackson's criticism of the Supreme Court’s handling of emergency requests and shadow docket practices.”
Fox News
⚖️ Leans left further left than this Hedges 5 of 34 claims Outlet record 70/100
“While both articles discuss similar legal actions related to immigration and third-country removal cases, they describe different court applications and cases.”
Fox News
Hedges 4 of 44 claims Outlet record 70/100
“The articles discuss related legal issues around third-country removals and detention of criminal aliens, but describe different aspects of the ongoing debate rather than a single specific incident.”
Toronto Star
Hedges 5 of 31 claims Outlet record 64/100
“While both articles discuss third-country removal cases, they appear to describe different phases of legal proceedings involving distinct sets of migrants and court decisions.”
The Guardian
⚖️ Leans right further left than this Hedges 1 of 5 claims Outlet record 66/100
“Article A discusses a legal application for emergency relief in a third-country removal case, while Article B reports on a supreme court decision that allowed Trump officials to resume deportations to third countries based on the same issue.”
How this article was measured signals, leaning charts, publisher record, byline, topics and claims

Signals How these are calculated →

Claims extracted
42
sentences that state something as happening or true
Uncertain
2%
1 of 42 hedged ("reportedly", "may", "according to")
Leaning
Leans strongly right
of the writing, not the subject · beta estimate
Publisher signals
67/100
Reason's corrections and hedging, across everything collected from it. Not a measure of accuracy.
Outlets on this story
18
Politics
Same framing elsewhere
1
articles that frame the event the way this one does
Analyzed 2026-09-25 · how these are computed

How this is being covered How these are calculated →

Article leaning vs. publisher reliability
Source leaning vs. consistency

Publisher

Reason · 1030 article(s) · 4 correction(s) detected
Running correction rate · 4 correction(s)

Who wrote this

Josh Blackman
83 article(s) here · 1 carrying a prediction
🔮 Today the law firm of Weil Gotshal announced that it would wind down.
2026-10-28 · assertive framing · Farewell to Weil
🔮 And her unwillingness to participate in any disciplinary proceedings suggests something is amiss.
🔮 Longtime readers will recall that I took mileage runs to Singapore, Hong Kong, and Sydney to make status at the end of the year.
2026-10-28 · assertive framing · 1,000,000 Miles on United
🔮 Let's hope that people across the media industry will take Josh Blackman's criticism to heart.
2026-10-27 · assertive framing · The Wall Street Journal Praises The Old Gray Lady
🔮 New from Reason: a look into what Javier Milei has accomplished and what it will take to make the most of Argentina’s window for real change.
2026-10-26 · assertive framing · Today in Supreme Court History: October 26, 1774
🔮 ] There have been many news reports suggesting that the United States Department of Justice may pursue denaturalization proceedings against Representative Ilhan Omar.
🔮 Nevertheless, the next two decades would vastly enlarge the president's powers as Congress' authority over the executive branch would be greatly diminished.
🔮 Justice Sotomayor, Justice Gorsuch, Justice Barrett, and Justice Jackson took no part in the consideration or decision of this petition.
🔮 The regulations for Freedmen schools in Texas provided that classes would begin at 9 A.M. and "[t]he morning Exercises will commence with either the singing of an appropriate hymn, or prayer, or the reading of the Scriptures."
🔮 Kyle asks: Well, I don't know how much coverage of the court you read, but you may not be surprised to learn that one light motif is that you are brooding figure.
Also by Josh Blackman
Farewell to Weil
2026-10-28 · Reason
1,000,000 Miles on United
2026-10-28 · Reason
Nothing else under this byline is closely related to this article, so these are simply their most recent.
All 83 articles by Josh Blackman →

Topics

Court Missouri National TPS Alliance The First Circuit United States

Subjects

Court ORG · 6× Jackson PERSON · 2× Missouri GPE · 2× The First Circuit ORG · 2× Trump PERSON · 2× Boyle PERSON · 1× National TPS Alliance ORG · 1× Noem PERSON · 1× Office ORG · 1× United States GPE · 1×

Narrative

In light of the ongoing disruption caused by the First Circuit as well as the prior stays granted by the full Court, if the Circuit Justice enters a briefing schedule without also entering an immediate administrative stay, the government respect fully requests that its request for the immediate administrative stay be referred to the full Court.
framing: assertive · carried by 1 article(s) · first seen 2026-09-25
🔮 Mostly law professors | Sometimes contrarian | Often libertarian | Always independent I may have to eat crow on the lightning docket (no order in the Missouri case), but things are brewing with the thirty-country removal case.

Claims (42 extracted, 1 hedged)

Mostly law professors | Sometimes contrarian | Often libertarian | Always independent I may have to eat crow on the lightning docket (no order in the Missouri case), but things are brewing with the thirty-country removal case. uncertain
things → eat → case
The Solicitor General's emergency application in United States v. D.V.D. lays out the issue neatly: asserted
application → lay → issue
This is the third time the government has been forced to seek emergency relief from the district court's orders in this case about "third-country removals"—an essential tool to remove certain aliens, including some of the worst criminal aliens. asserted
government → force → aliens
This Court granted relief on both previous occasions. asserted
Court → grant → occasions
The latest order rests on the same fundamentally flawed legal premises as the previous rulings, and the nominal new grounds that the lower courts added to try to buttress those prior decisions are even weaker than those that failed to sustain the originals. asserted
that → rest → originals
Meanwhile, the equities that supported this Court's intervention (twice) have, if anything, only grown stronger in favor of the government's continued enforcement of the challenged policy. asserted
that → support → policy
A stay is thus once again warranted. asserted
stay → warrant → ?
Cf. Trump v. Boyle, 145 S. Ct. 2653, 2654 (2025) ("Although our interim orders are not conclusive as to the merits, they inform how a court should exercise its equitable discretion in like cases."). asserted
court → inform → cases
"Although the posture of the case has changed, the parties' legal arguments and relative harms generally have not. asserted
arguments → change → case
The same result that [this Court] reached in [June 2025] is appropriate here." asserted
Court → reach → June
The First Circuit had previously stayed this latest order pending appeal; the government thus has been conducting third-country removals under the challenged policy for the last 15 months. asserted
government → stay → months
But at 11:36 p.m. last night—without even allowing the government to respond to respondents' motion (itself filed at 8:20 p.m.)—the First Circuit abruptly dissolved the stay. asserted
Circuit → allow → stay
The unexpected springing-back of district court's order has, this Office is informed, created substantial logistical problems with ongoing removal operations— including the cancellation of flights—and led to added expense, potential diplomatic issues, and the inability to remove dangerous criminals. asserted
Office → inform → criminals
For example, DHS informs us that it has already canceled a flight to three separate countries carrying 70 aliens with criminal convictions (including aggravated assault and serious drug offenses), and that the cancellation has required a new round of diplomatic engagement with each of the three countries. asserted
cancellation → inform → countries
Those disruptions will only get worse. asserted
disruptions → get → ?
To halt that chaos, an immediate administrative stay should be entered while the Court considers this application. asserted
Court → halt → application
In light of the ongoing disruption caused by the First Circuit as well as the prior stays granted by the full Court, if the Circuit Justice enters a briefing schedule without also entering an immediate administrative stay, the government respect fully requests that its request for the immediate administrative stay be referred to the full Court. asserted
request → cause → Court
Circuit Justice Jackson has denied an administrative stay, and granted a four-day response time. asserted
Jackson → deny → time
That is leisurely compared to the 14 hours Justice Kavanaugh gave Missouri to respond. asserted
Kavanaugh → compare → Missouri
I think now the case is in fact referred to the full Court. asserted
case → think → Court
Let's see whether there are five votes for an administrative stay. asserted
's → let → stay
I think Justice Jackson tried to call her colleagues' bluff. asserted
Jackson → think → bluff
My SCOTUSBlog post on empowering the majority offered a similar remedy: asserted
post → empower → remedy
It is not clear how many votes are needed to take a case away from a circuit justice. asserted
votes → need → justice
Here, I propose a clear rule: the Refer-6. asserted
I → propose → rule
Six justices, at any point, can vote to refer any pending matter to the full court. asserted
justices → vote → court
At the latest, the Refer-6 can be invoked after the briefing is completed. asserted
briefing → invoke → latest
The Refer-6 can also be invoked to establish a briefing schedule. asserted
Refer-6 → invoke → schedule
Or the Refer-6 can be invoked as soon as an application is filed in order to enter an administrative stay. asserted
application → invoke → stay
Realistically, the Refer-6 can be discussed even before an emergency application is filed. asserted
application → discuss → ?
Usually, the clerk of the Supreme Court is given a heads-up that an emergency application is on its way. asserted
application → give → way
The Refer-6 can follow a Conference-3. asserted
Refer-6 → follow → Conference-3
At that point, the justices can informally establish a game plan, given how the case has proceeded through the lower courts. asserted
case → establish → courts
If six justices decide this matter belongs before the full court, the referral can happen right away. asserted
referral → decide → court
Of course, the circuit justice can dissent from the order being referred to the full court. asserted
justice → dissent → court
But the circuit justice cannot stop the referral. asserted
justice → stop → referral
Some of my proposals were designed to promote collegiality. asserted
Some → design → collegiality
The Refer-6 would have just the opposite effect. asserted
Refer-6 → have → effect
It would signal that the court did not want a particular circuit justice to have power over a matter. asserted
justice → signal → matter
But I suspect this Rubicon was already crossed in the Rhode Island case. asserted
Rubicon → suspect → case
…and 2 more, not listed.
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