The First Circuit issued a brief order late Wednesday confirming that its September 18 ruling striking down parts of the administration’s third-country removal policy was effective immediately, after immigration officials prepared to move a Peruvian man to a third country.

The American Prospect reported on September 23 that the Justice Department had asked a Massachusetts federal judge on September 22 to lift a stay so ICE could transfer the man, called “John Doe,” to remove him on September 24. The outlet said the destination was the Central African Republic, though some syndicated versions say Ghana. The destination is not settled.

Doe entered the US in June 2023, and an immigration court granted him Convention Against Torture protection in May 2025. His attorney says he had work authorization and no criminal record.

The Justice Department argued the First Circuit’s judgment was not effective until the court issued its mandate. Late Wednesday, the court wrote: “Consistent with this court’s September 18, 2026, Judgment, the March 16, 2026, stay pending appeal is dissolved.” The man was safe for now. Whether the transfer or removal ultimately occurred is not known, and DHS had no immediate comment.