In en banc arguments on 14 October, the U.S. Court of Appeals for the Third Circuit pressed government counsel on whether noncitizens facing reinstated removal orders can obtain federal court review of withholding-of-removal or Convention Against Torture claims. The Justice Department contends that the REAL ID Act channels such challenges exclusively to immigration courts, but several judges suggested the statutory text is ambiguous, particularly when new evidence arises post-reinstatement. For employers navigating outbound assignments triggered by employee deportation risks, the stakes are high. If the court rules that federal courts retain jurisdiction, noncitizens could secure emergency stays more readily, giving employers time to transfer roles or secure successor visas abroad. Conversely, a government win could accelerate removals, shrinking the window for corporate contingency planning. Advocates argue that denying federal court review violates due-process principles, especially for long-time U.S. residents who may face persecution. The panel’s decision—expected in early 2027—could create a circuit split, inviting Supreme Court scrutiny. Mobility teams should track the case, particularly if they employ workers who have prior deportation orders but later obtained temporary status. A restrictive ruling may necessitate proactive exit strategies to avoid sudden workforce disruptions.
Source: Law360
