On August 27, 2025, in Ibarra-Perez v. USA, the Ninth Circuit concluded that federal district courts can hear cases brought under the Federal Tort Claims Act (FTCA) by noncitizens who are unlawfully removed to third countries (i.e., countries that had not been listed on the noncitizen’s removal order) notwithstanding several provisions in 8 U.S.C. § 1252. Mr. Ibarra‑Perez alleged that, after being granted withholding of removal to Cuba by an Immigration Judge, ICE deported him to Mexico, despite him vocally objecting that he feared for his safety in Mexico. After returning to the United States and eventually being granted asylum, he brought FTCA claims for damages stemming from his removal to Mexico. The Ninth Circuit held that 8 U.S.C. § 1252(g)—a statute which strips federal courts of jurisdiction over claims arising from, among other things, decisions to “execute removal orders”—does not bar this type of lawsuit because this challenge involved purely legal objections to Mr. Ibarra-Perez’s removal to Mexico, not a direct challenge to the execution of his removal order itself. The Court held that, because Mr. Ibarra-Perez was never ordered removed to Mexico, he could not be challenging the execution of his removal order by challenging his removal there.

The panel also declined to apply 8 U.S.C. §§ 1252(a)(5) and (b)(9)—statutes which generally channel immigration-related review into the petition-for-review process through courts of appeals—finding they did not apply because Mr. Ibarra‑Perez’s claims targeted actions taken after the removal proceedings had concluded. The majority explained that, if all of these jurisdiction-stripping provisions barred Mr. Ibarra-Perez’s lawsuit, then ICE could remove anyone to any country without judicial review.

This decision is particularly important at a time when the Trump administration has increasingly been pursuing attempts to send individuals to countries where they are not a citizen or where they may have never been before. The administration has publicized its efforts to send noncitizens to countries such as South Sudan, Libya, or Rwanda with no notice or chance to object. Numerous immigrants’ rights organizations and noncitizens have challenged this practice as unconstitutional. The Ninth Circuit’s ruling emphasizes that noncitizens can and should continue to challenge the administration’s aggressive and unlawful deportation tactics in federal court.