*1 Case 1:25-cv-10676-BEM Document 116 Filed 05/20/25 Page 1 of 2
UNITED STATES DISTRICT COURT
DISTRICT OF MASSACHUSETTS _______________________________________
)
D.V.D., et al., )
)
Plaintiffs, )
) Civil Action No. v. ) 25-10676-BEM
)
U.S. DEPARTMENT OF HOMELAND )
SECURITY, et al., )
)
Defendants. )
_______________________________________)
ORDER
MURPHY, J.
At today’s emergency hearing, the Court ordered Defendants to maintain custody and control of class members currently being removed to South Sudan or to any other third country, to ensure the practical feasibility of return if the Court finds that such removals were unlawful. While the Court leaves the practicalities of compliance to Defendants’ discretion, Defendants have ensured, and the Court expects, that class members will be treated humanely.
The Court has further ordered that Defendants be prepared at tomorrow’s prescheduled hearing to identify by name the affected class members and to address: (1) the time and manner of notice each individual received as to their third-country removal; and (2) what opportunity each individual had to raise a fear-based claim. In the event that Defendants determine that N.M. is not a class member, or was otherwise removed to any country other than South Sudan, Defendants must nonetheless be prepared to address the details of his removal, including when and to where he was removed, the names of individuals personally involved in executing his removal, and any information currently in Defendants’ possession regarding his current whereabouts.
Case 1:25-cv-10676-BEM Document 116 Filed 05/20/25 Page 2 of 2 So Ordered.
/s/ Brian E. Murphy Brian E. Murphy
Dated: May 20, 2025 Judge, United States District Court
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