Immigration · Primary-source case analysis

Jama v. ICE: Removal to a Country Without Advance Acceptance

By Aneeta Mishra and Timothy Chan

Published April 29, 2026

Jama parses the ordered country-of-removal provisions and limits where the statute’s express acceptance requirement applies.

Somalia lacked a functioning central government

Keyse Jama, a Somali national, was ordered removed. After he declined to designate a country, immigration officials selected Somalia despite the absence of a government able to accept him formally.

The statute uses a sequence of destination rules

Section 1231(b)(2) moves through the noncitizen’s designation, countries of citizenship or connection, and alternative destinations. The text attaches an acceptance requirement expressly to one later clause.

The Court declined to import acceptance into every clause

Because Congress specified acceptance in one provision but not the clause DHS used, the Court held that advance consent was not universally required. Statutory structure overcame broader policy arguments.

Disposition

The Court reversed the Eighth Circuit and upheld the legal authority to designate Somalia under that clause. Practical ability to carry out removal and other legal constraints remained distinct.

Key takeaways

• Identify the exact country-selection clause DHS invoked.
• Follow the statutory sequence step by step.
• Do not move an express condition from one clause into another.
• Separate lawful designation from practical execution of removal.