Case: D.V.D. v. U.S. Department of Homeland Security

1:25-cv-10676 | U.S. District Court for the District of Massachusetts

Filed Date: March 23, 2025

Case Ongoing

Clearinghouse coding complete

Case Summary

This class action challenges Department of Homeland Security (DHS) deportations of noncitizens to countries that are not their designated country of removal, without first providing opportunity demonstrate their fear of persecution, torture, and even death in those third countries. Four anonymous class plaintiffs, all noncitizens from Central America and currently residing in Massachusetts, filed this lawsuit on March 23, 2025 in the United States District Court for the District of Massachusett…

This class action challenges Department of Homeland Security (DHS) deportations of noncitizens to countries that are not their designated country of removal, without first providing opportunity demonstrate their fear of persecution, torture, and even death in those third countries.

Four anonymous class plaintiffs, all noncitizens from Central America and currently residing in Massachusetts, filed this lawsuit on March 23, 2025 in the United States District Court for the District of Massachusetts. They named the DHS and its Secretary, the U.S. Attorney General, and the Superintendent of Plymouth County Correctional Facility. They alleged that Defendants' new third-country deportation practices violated the Administrative Procedure Act, the Fifth Amendment, and the Immigration and Nationality Act. 

They filed a simultaneous motion seeking a temporary restraining order and preliminary injunctive relief seeking to enjoin third country removals unless the person receives written notice of the third country and opportunity to present their fear-based claim, and to stay the re-detention directive. 

They filed another simultaneous motion to certify class. Specifically, Plaintiffs moved to certify the following class: "all individuals who have a final removal order issued in proceedings under Section 240, 241(a)(5), or 238(b) of the INA (including withholding-only proceedings) whom DHS has deported or will deport on or after February 18, 2025, to a country (a) not previously designated as the country or alternative country of removal, and (b) not identified in writing in the prior proceedings as a country to which the individual would be removed." 

The case was assigned to District Judge Brian E. Murphy.

After hearing oral argument, on March 28, the court granted the temporary restraining order, covering noncitizens with a final order of removal. The order barred deportation of any such person to a third country (that is, a country other than the country designated in immigration proceedings), "UNLESS and UNTIL Defendants provide that individual, and their respective immigration counsel, if any, with written notice of the third country to where they may be removed, and UNTIL Defendants provide a meaningful opportunity for that individual to submit an application for CAT [Convention Against Torture] protection to the immigration court, and if any such application is filed, UNTIL that individual receives a final agency decision on any such application."   The order is set to remain in place until resolution of the plaintiffs' requested preliminary injunction; a hearing is scheduled for April 10.

The government immediately appealed to the First Circuit (docket no. 25-1311).

The case is ongoing. 

Summary Authors

Madilynn O'Hara (4/5/2025)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/69775896/parties/dvd-v-us-department-of-homeland-security/


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Documents in the Clearinghouse

Document
1

1:25-cv-10676

Class Action Complaint

March 23, 2025

March 23, 2025

Complaint
7

1:25-cv-10676

Memorandum of Law in Support of Plaintiffs' Emergency Motion for Temporary Restraining Order and Preliminary Injunction and Stay of Administrative ActionPlaintiffs' Emergency Motion for Temporary Restraining Order and

March 23, 2025

March 23, 2025

Pleading / Motion / Brief
4

1:25-cv-10676

Motion for Class Certification

March 23, 2025

March 23, 2025

Pleading / Motion / Brief
5

1:25-cv-10676

Memorandum of Law in Support of Plaintiffs' Motion for Class Certification

March 23, 2025

March 23, 2025

Pleading / Motion / Brief
6

1:25-cv-10676

Plaintiffs' Emergency Motion for Temporary Restraining Order and Preliminary Injunction and Stay of Administrative Action

March 23, 2025

March 23, 2025

Pleading / Motion / Brief
31

1:25-cv-10676

Defendants' Opposition to Plaintiffs' Motion for Temporary Restraining Order and Preliminary Injunction and Stay of Administrative Action

March 25, 2025

March 25, 2025

Pleading / Motion / Brief
34

1:25-cv-10676

Temporary Restraining Order

March 28, 2025

March 28, 2025

Order/Opinion

2025 WL 942948

40

1:25-cv-10676

Memorandum & Order

March 29, 2025

March 29, 2025

56

1:25-cv-10676

USCA Order

April 7, 2025

April 7, 2025

64

1:25-cv-10676

Memorandum & Order

April 18, 2025

April 18, 2025

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/69775896/dvd-v-us-department-of-homeland-security/

Last updated April 23, 2025, 4:26 p.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against All Defendants Filing fee: $ 405, receipt number AMADC-10907462 (Fee Status: Filing Fee paid), filed by D.V.D., M.M., E.F.D., O.C.G.. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit Attachment A - Draft 2001 Form, # 3 Exhibit Attachment B - Draft 2020 Notice, # 4 Exhibit Attachment C - Feb. 18, 2025 Directive, # 5 Category Form)(Arango, Tomas) (Entered: 03/23/2025)

1 Civil Cover Sheet

View on PACER

2 Exhibit Attachment A - Draft 2001 Form

View on PACER

3 Exhibit Attachment B - Draft 2020 Notice

View on PACER

4 Exhibit Attachment C - Feb. 18, 2025 Directive

View on PACER

5 Category Form

View on PACER

March 23, 2025

March 23, 2025

Clearinghouse

Notice of Case Assignment

March 23, 2025

March 23, 2025

PACER
2

MOTION for Leave to Appear Under Pseudonyms by D.V.D., M.M., E.F.D., O.C.G.. (Attachments: # 1 Text of Proposed Order)(Arango, Tomas) (Entered: 03/23/2025)

March 23, 2025

March 23, 2025

PACER
3

MEMORANDUM in Support re 2 MOTION for Leave to Appear Under Pseudonyms filed by D.V.D., M.M., E.F.D., O.C.G.. (Arango, Tomas) (Entered: 03/23/2025)

March 23, 2025

March 23, 2025

PACER
4

MOTION to Certify Class by D.V.D., M.M., E.F.D., O.C.G.. (Attachments: # 1 Text of Proposed Order)(Arango, Tomas) (Entered: 03/23/2025)

March 23, 2025

March 23, 2025

Clearinghouse
5

MEMORANDUM in Support re 4 MOTION to Certify Class filed by D.V.D., M.M., E.F.D., O.C.G.. (Arango, Tomas) (Entered: 03/23/2025)

March 23, 2025

March 23, 2025

Clearinghouse
6

Emergency MOTION for Temporary Restraining Order, MOTION for Preliminary Injunction, MOTION to Stay Administrative Action by D.V.D., M.M., E.F.D., O.C.G.. (Attachments: # 1 Text of Proposed Order)(Arango, Tomas) (Entered: 03/23/2025)

1 Text of Proposed Order

View on RECAP

March 23, 2025

March 23, 2025

Clearinghouse
7

MEMORANDUM in Support re 6 Emergency MOTION for Temporary Restraining Order MOTION for Preliminary Injunction MOTION to Stay Administrative Action filed by D.V.D., M.M., E.F.D., O.C.G.. (Arango, Tomas) (Entered: 03/23/2025)

March 23, 2025

March 23, 2025

Clearinghouse
8

EXHIBIT re 5 Memorandum in Support of Motion, 4 MOTION to Certify Class, 6 Emergency MOTION for Temporary Restraining Order MOTION for Preliminary Injunction MOTION to Stay Administrative Action, 3 Memorandum in Support of Motion, 2 MOTION for Leave to Appear Under Pseudonyms, 7 Memorandum in Support of Motion by D.V.D., M.M., E.F.D., O.C.G.. (Attachments: # 1 Exhibit A - Declaration of D.V.D. (Redacted), # 2 Exhibit B - Declaration of M.M. (Redacted), # 3 Exhibit C - Declaration of E.F.D. (Redacted), # 4 Exhibit D- Declaration of O.C.G. (Redacted), # 5 Exhibit E - Declaration of Trina Realmuto, # 6 Exhibit F - Declaration of Matt Adams, # 7 Exhibit G - Declaration of Anwen Hughes, # 8 Exhibit H - Declaration of Tiffany Wang, # 9 Exhibit I - Declaration of Marie Vincent, # 10 Exhibit J - Declaration of Ian Austin Rose, # 11 Exhibit K - Declaration of Laura Jones, # 12 Exhibit L - Declaration of Leslie Parra, # 13 Exhibit M - Declaration of Daniela Hernandez Chong Cuy, # 14 Exhibit N - Declaration of Zoey Jones, # 15 Exhibit O - Declaration of Danielle Strandburg-Peshkin, # 16 Exhibit P - Declaration of Denise Acevedo Perez, # 17 Exhibit Q - Declaration of Laura Belous, # 18 Exhibit R - Declaration of Melissa Chua, # 19 Exhibit S - Declaration of Patrick Taurel, # 20 Exhibit T - Declaration of Ambreen Walji, # 21 Exhibit U - Declaration of Deborah Lee, # 22 Exhibit V - Declaration of Elyssa Williams, # 23 Exhibit W - Declaration of Guadalupe Perez, # 24 Exhibit X - Declaration of Paul O'Dwyer)(Arango, Tomas) (Entered: 03/23/2025)

March 23, 2025

March 23, 2025

PACER
9

MOTION for Leave to Appear Pro Hac Vice for admission of Trina Realmuto, Kristin Macleod-Ball, and Mary Kenney Filing fee: $ 375, receipt number AMADC-10907475 by D.V.D., M.M., E.F.D., O.C.G.. (Attachments: # 1 Exhibit Realmuto Declaration, # 2 Exhibit Macleod-Ball Declaration, # 3 Exhibit Kenney Declaration, # 4 Text of Proposed Order)(Arango, Tomas) (Entered: 03/23/2025)

March 23, 2025

March 23, 2025

PACER
10

MOTION for Leave to Appear Pro Hac Vice for admission of Matt Adams, Leila Kang, Aaron Korthuis, Glenda Aldana Madrid, and Anwen Hughes Filing fee: $ 625, receipt number AMADC-10907476 by D.V.D., M.M., E.F.D., O.C.G.. (Attachments: # 1 Exhibit Adams Declaration, # 2 Exhibit Kang Declaration, # 3 Exhibit Korthuis Declaration, # 4 Exhibit Aldana Madrid Declaration, # 5 Exhibit Hughes Declaration, # 6 Text of Proposed Order)(Arango, Tomas) (Entered: 03/23/2025)

March 23, 2025

March 23, 2025

PACER
11

ELECTRONIC NOTICE of Case Assignment. Judge Brian E. Murphy assigned to case. If the trial Judge issues an Order of Reference of any matter in this case to a Magistrate Judge, the matter will be transmitted to Magistrate Judge Donald L. Cabell. (RN) (Entered: 03/23/2025)

March 23, 2025

March 23, 2025

PACER
12

Judge Brian E. Murphy: ORDER entered. SERVICE ORDER AND ORDER CONCERNING DETERMINATION OF JURISDICTION(RN) (Entered: 03/23/2025)

March 23, 2025

March 23, 2025

PACER
13

Judge Brian E. Murphy: ORDER entered granting 2 Motion FOR LEAVE TO APPEAR UNDER PSEUDONYMS and to file a motion Under Seal with the names of the plaintiffs so the Government can comply with the Court's order. (RN) (Entered: 03/23/2025)

March 23, 2025

March 23, 2025

PACER
14

Judge Brian E. Murphy: ELECTRONIC ORDER entered granting 9 Motion for Leave to Appear Pro Hac Vice Added Trina Realmuto, Kristin Macleod-Ball, and Mary Kenney. Attorneys admitted Pro Hac Vice must have an individual upgraded PACER account, not a shared firm account, to electronically file in the District of Massachusetts. Counsel may need to link their CM/ECF account to their upgraded individual pacer account. Instructions on how to link CM/ECF accounts to upgraded pacer account can be found at https://www.mad.uscourts.gov/caseinfo/nextgen-current-pacer-accounts.htm#link-account. (MBM) (Entered: 03/24/2025)

March 24, 2025

March 24, 2025

PACER

Order on Motion for Leave to Appear

March 24, 2025

March 24, 2025

PACER

Notice Setting or Resetting Hearing on Motion

March 24, 2025

March 24, 2025

PACER
15

Judge Brian E. Murphy: ELECTRONIC ORDER entered granting 10 Motion for Leave to Appear Pro Hac Vice Added Matt Adams, Leila Kang, Aaron Korthuis, Glenda Aldana Madrid, and Anwen Hughes. Attorneys admitted Pro Hac Vice must have an individual PACER account, not a shared firm account, to electronically file in the District of Massachusetts. To register for a PACER account, go the Pacer website at https://pacer.uscourts.gov/register-account. You must put the docket number under ADDITIONAL FILER INFORMATION on your form when registering or it will be rejected.Pro Hac Vice Admission Request Instructions https://www.mad.uscourts.gov/caseinfo/nextgen-pro-hac-vice.htm.A Notice of Appearance must be entered on the docket by the newly admitted attorney. (MBM) (Entered: 03/24/2025)

March 24, 2025

March 24, 2025

PACER
16

Summons Issued as to Pamela Bondi, Antone Moniz, Kristi Noem, U.S. Department of Homeland Security. Counsel receiving this notice electronically should download this summons, complete one for each defendant and serve it in accordance with Fed.R.Civ.P. 4 and LR 4.1. Summons will be mailed to plaintiff(s) not receiving notice electronically for completion of service. (CAM) (Entered: 03/24/2025)

March 24, 2025

March 24, 2025

PACER
18

NOTICE OF MOTION HEARING: Hearing on 6 Plaintiffs' Emergency Motion for Temporary Restraining Order and Preliminary Injunction and Stay of Administrative Action is SCHEDULED for 3/28/2025 at 12:00 p.m. in Courtroom 12 (In person only) before Judge Brian E. Murphy. (BIB) (Entered: 03/24/2025)

March 24, 2025

March 24, 2025

PACER
19

NOTICE of Appearance by Trina Realmuto on behalf of D.V.D., M.M., E.F.D., O.C.G. (Realmuto, Trina) (Entered: 03/24/2025)

March 24, 2025

March 24, 2025

PACER
20

NOTICE of Appearance by Mary Larakers on behalf of U.S. Department of Homeland Security, Kristi Noem, Pamela Bondi, Antone Moniz (Larakers, Mary) (Entered: 03/24/2025)

March 24, 2025

March 24, 2025

PACER
21

NOTICE of Appearance by Kristin Macleod-Ball on behalf of D.V.D., M.M., E.F.D., O.C.G. (Macleod-Ball, Kristin) (Entered: 03/24/2025)

March 24, 2025

March 24, 2025

PACER
22

AFFIDAVIT OF SERVICE Executed by E.F.D., M.M., D.V.D., O.C.G.. Acknowledgement filed by E.F.D., M.M., D.V.D., O.C.G.. (Attachments: # 1 Exhibit File-Stamped Copies by US Attys Office)(Realmuto, Trina) (Entered: 03/24/2025)

March 24, 2025

March 24, 2025

PACER
23

NOTICE of Appearance by Mary Kenney on behalf of D.V.D., M.M., E.F.D., O.C.G. (Kenney, Mary) (Entered: 03/24/2025)

March 24, 2025

March 24, 2025

PACER
24

NOTICE of Appearance by Mark Sauter on behalf of U.S. Department of Homeland Security, Kristi Noem, Pamela Bondi, Antone Moniz (Sauter, Mark) (Entered: 03/25/2025)

March 25, 2025

March 25, 2025

PACER

Order on Motion for Extension of Time to File Response/Reply

March 25, 2025

March 25, 2025

PACER
25

Assented to MOTION for Extension of Time to 12:00 Midnight on March 25, 2025 to File Response/Reply to Plaintiffs' Emergency Motion for a Temporary Restraining Order and Motion for Preliminary Injunction by U.S. Department of Homeland Security, Kristi Noem, Pamela Bondi, Antone Moniz.(Sauter, Mark) (Entered: 03/25/2025)

March 25, 2025

March 25, 2025

PACER
26

Judge Brian E. Murphy: ELECTRONIC ORDER granting 25 Assented to Motion for Extension of Time to 12:00 Midnight on March 25, 2025 to File Response to Plaintiffs' Emergency Motion for a Temporary Restraining Order, Preliminary Injunction and Stay.(BIB) (Entered: 03/25/2025)

March 25, 2025

March 25, 2025

PACER
27

NOTICE of Appearance by Leila Kang on behalf of D.V.D., M.M., E.F.D., O.C.G. (Kang, Leila) (Entered: 03/25/2025)

March 25, 2025

March 25, 2025

PACER
28

NOTICE of Appearance by Anwen Hughes on behalf of D.V.D., M.M., E.F.D., O.C.G. (Hughes, Anwen) (Entered: 03/25/2025)

March 25, 2025

March 25, 2025

PACER
29

NOTICE of Appearance by Glenda M. Aldana Madrid on behalf of D.V.D., M.M., E.F.D., O.C.G. (Aldana Madrid, Glenda) (Entered: 03/25/2025)

March 25, 2025

March 25, 2025

PACER
30

NOTICE of Appearance by Aaron Korthuis on behalf of D.V.D., M.M., E.F.D., O.C.G. (Korthuis, Aaron) (Entered: 03/25/2025)

March 25, 2025

March 25, 2025

PACER
31

Opposition re 6 Emergency MOTION for Temporary Restraining Order MOTION for Preliminary Injunction MOTION to Stay Administrative Action filed by U.S. Department of Homeland Security, Kristi Noem, Pamela Bondi, Antone Moniz. (Attachments: # 1 Exhibit A)(Larakers, Mary) (Entered: 03/25/2025)

1 Exhibit A

View on RECAP

March 25, 2025

March 25, 2025

Clearinghouse
32

NOTICE of Appearance by Matt Adams on behalf of D.V.D., M.M., E.F.D., O.C.G. (Adams, Matt) (Entered: 03/28/2025)

March 28, 2025

March 28, 2025

PACER

Motion Hearing AND ~Util - Set Hearings

March 28, 2025

March 28, 2025

PACER
33

Clerk's Notes for Motion Hearing held in-person before Judge Brian E. Murphy: Argument heard on 6 Emergency Motion for Temporary Restraining Order. Counsel address questions and issues raised by the Court. Motion for Temporary Restraining Order granted in part. Order to follow. Defendants' to respond to Motion for Certify Class and file any additional briefing re Motion for Preliminary Injunction/Stay by 4/4/2025. Plaintiff to reply no later than 4/8/2025. Hearing set.NOTICE OF HEARING: Hearing on 6 MOTION for Preliminary Injunction/Stay and 4 Motion to Certify Class set for 4/10/2025 at 11:45 a.m. in Courtroom 12 (In person only) before Judge Brian E. Murphy. (Court Reporter: Jessica Leonard at jessicamichaelleonard@gmail.com.)(Attorneys present: Realmuto, Macleod-Ball, Hughes, Adams, Larakers, AUSA Sauter) (BIB) (Entered: 03/28/2025)

March 28, 2025

March 28, 2025

PACER
34

Judge Brian E. Murphy: TEMPORARY RESTRAINING ORDER entered. (BIB) (Entered: 03/28/2025)

March 28, 2025

March 28, 2025

Clearinghouse
35

NOTICE OF APPEAL as to 34 Order on Motion for TRO, Order on Motion for Preliminary Injunction, Order on Motion to Stay by U.S. Department of Homeland Security, Kristi Noem, Pamela Bondi, Antone Moniz. Fee Status: US Government. NOTICE TO COUNSEL: A Transcript Report/Order Form, which can be downloaded from the First Circuit Court of Appeals web site at http://www.ca1.uscourts.gov MUST be completed and submitted to the Court of Appeals. Counsel shall register for a First Circuit CM/ECF Appellate Filer Account at http://pacer.psc.uscourts.gov/cmecf. Counsel shall also review the First Circuit requirements for electronic filing by visiting the CM/ECF Information section at http://www.ca1.uscourts.gov/cmecf. US District Court Clerk to deliver official record to Court of Appeals by 4/17/2025. (Larakers, Mary) (Entered: 03/28/2025)

March 28, 2025

March 28, 2025

RECAP
36

Certified and Transmitted Abbreviated Electronic Record on Appeal to US Court of Appeals re 35 Notice of Appeal. (MAP) (Entered: 03/28/2025)

March 28, 2025

March 28, 2025

RECAP
37

NOTICE of Appearance by Matthew Patrick Seamon on behalf of U.S. Department of Homeland Security, Kristi Noem, Pamela Bondi, Antone Moniz (Seamon, Matthew) (Entered: 03/29/2025)

March 29, 2025

March 29, 2025

PACER

USCA Case Number

March 29, 2025

March 29, 2025

PACER

Order on Motion to Stay

March 29, 2025

March 29, 2025

PACER
38

MOTION to Stay re 34 Order on Motion for TRO, Order on Motion for Preliminary Injunction, Order on Motion to Stay (Motion for Partial Stay of the Temporary Restraining Order) by U.S. Department of Homeland Security, Kristi Noem, Pamela Bondi, Antone Moniz. (Attachments: # 1 Text of Proposed Order)(Seamon, Matthew) (Entered: 03/29/2025)

1 Text of Proposed Order

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March 29, 2025

March 29, 2025

RECAP
39

USCA Case Number 25-1311 for 35 Notice of Appeal, filed by U.S. Department of Homeland Security, Kristi Noem, Antone Moniz, Pamela Bondi. (MAP) (Entered: 03/29/2025)

March 29, 2025

March 29, 2025

PACER
40

Judge Brian E. Murphy: MEMORANDUM ON PLAINTIFFS' MOTION FOR TEMPORARY RESTRAINING ORDER...For the foregoing reasons, the Court has GRANTED in part Plaintiffs' motion 34 . (BIB) (Entered: 03/29/2025)

March 29, 2025

March 29, 2025

Clearinghouse
41

Judge Brian E. Murphy: ELECTRONIC ORDER entered denying 38 Defendants' Motion For Partial Stay of the Temporary Restraining Order, for the reasons stated in the 40 Memorandum on Plaintiffs' Motion for Temporary Restraining Order issued this day. (BIB) (Entered: 03/29/2025)

March 29, 2025

March 29, 2025

PACER
42

Supplemental Record on Appeal transmitted to US Court of Appeals re 35 Notice of Appeal, Documents included: ECF Nos. 40 and 41 (MAP) (Entered: 03/29/2025)

March 29, 2025

March 29, 2025

RECAP
43

MOTION MOTION FOR AN INDICATIVE RULING re 34 Order on Motion for TRO, Order on Motion for Preliminary Injunction, Order on Motion to Stay by U.S. Department of Homeland Security, Kristi Noem, Pamela Bondi, Antone Moniz. (Attachments: # 1 Exhibit Exh. A)(Larakers, Mary) (Entered: 03/30/2025)

1 Exhibit Exh. A

View on RECAP

March 30, 2025

March 30, 2025

RECAP
44

Transcript of Motion Hearing held on March 28, 2025, before Judge Brian E. Murphy. COA Case No. 25-1311. The Transcript may be purchased through the Court Reporter, viewed at the public terminal, or viewed through PACER after it is released. Court Reporter Name and Contact Information: Jessica Leonard at jessicamichaelleonard@gmail.com. Redaction Request due 4/21/2025. Redacted Transcript Deadline set for 5/1/2025. Release of Transcript Restriction set for 6/30/2025. (DRK) (Entered: 03/31/2025)

March 31, 2025

March 31, 2025

PACER

Notice of Filing of Official Transcript

March 31, 2025

March 31, 2025

PACER

Order

March 31, 2025

March 31, 2025

PACER
45

NOTICE is hereby given that an official transcript of a proceeding has been filed by the court reporter in the above-captioned matter. Counsel are referred to the Court's Transcript Redaction Policy, available on the court website at https://www.mad.uscourts.gov/caseinfo/transcripts.htm (DRK) (Entered: 03/31/2025)

March 31, 2025

March 31, 2025

PACER
46

Judge Brian E. Murphy: ELECTRONIC PROCEDURAL ORDER: The Plaintiffs shall file a response to 43 Defendants Motion for an Indicative Ruling Under Federal Rule of Civil Procedure 62.1 no later than Friday, April 4, 2025. (BIB) (Entered: 03/31/2025)

March 31, 2025

March 31, 2025

PACER
47

AFFIDAVIT OF SERVICE Executed by E.F.D., M.M., D.V.D., O.C.G.. All Defendants. Acknowledgement filed by E.F.D., M.M., D.V.D., O.C.G.. (Attachments: # 1 Exhibit Mail Receipts, # 2 Exhibit DHS, # 3 Exhibit Noem, # 4 Exhibit Moniz, # 5 Exhibit Bondi)(Realmuto, Trina) (Entered: 03/31/2025)

March 31, 2025

March 31, 2025

PACER
48

NOTICE of Appearance by Elianis N. Perez on behalf of U.S. Department of Homeland Security, Kristi Noem, Pamela Bondi, Antone Moniz (Perez, Elianis) (Entered: 04/01/2025)

April 1, 2025

April 1, 2025

RECAP
49

RESPONSE to Motion re 43 MOTION MOTION FOR AN INDICATIVE RULING re 34 Order on Motion for TRO, Order on Motion for Preliminary Injunction, Order on Motion to Stay filed by D.V.D., M.M., E.F.D., O.C.G.. (Realmuto, Trina) (Entered: 04/04/2025)

April 4, 2025

April 4, 2025

RECAP
50

EXHIBIT re 49 Response to Motion, Re: Indicative Ruling under FRCP 62.1 by D.V.D., M.M., E.F.D., O.C.G.. (Attachments: # 1 Exhibit A - Rubio X Post, # 2 Exhibit B - Bukele X Post, # 3 Exhibit C - Cerna Decl. in JGG, # 4 Exhibit D - El Salvador HR Report, # 5 Exhibit E - Mexico HR Report, # 6 Exhibit F - Honduras HR Report, # 7 Exhibit G - Libya HR Report, # 8 Exhibit H - Rwanda HR Report, # 9 Exhibit I - Bellinger Statement, # 10 Exhibit J - Opp. Br. in Abrego Garcia, # 11 Exhibit K - Counsel Emails)(Realmuto, Trina) (Entered: 04/04/2025)

1 Exhibit A - Rubio X Post

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2 Exhibit B - Bukele X Post

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3 Exhibit C - Cerna Decl. in JGG

View on PACER

4 Exhibit D - El Salvador HR Report

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5 Exhibit E - Mexico HR Report

View on PACER

6 Exhibit F - Honduras HR Report

View on PACER

7 Exhibit G - Libya HR Report

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8 Exhibit H - Rwanda HR Report

View on PACER

9 Exhibit I - Bellinger Statement

View on PACER

10 Exhibit J - Opp. Br. in Abrego Garcia

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11 Exhibit K - Counsel Emails

View on RECAP

April 4, 2025

April 4, 2025

RECAP
51

Opposition re 6 Emergency MOTION for Temporary Restraining Order MOTION for Preliminary Injunction MOTION to Stay Administrative Action Supplemental Memorandum filed by U.S. Department of Homeland Security, Kristi Noem, Pamela Bondi, Antone Moniz. (Larakers, Mary) (Entered: 04/04/2025)

April 4, 2025

April 4, 2025

RECAP
52

Opposition re 4 MOTION to Certify Class filed by U.S. Department of Homeland Security, Kristi Noem, Pamela Bondi, Antone Moniz. (Larakers, Mary) (Entered: 04/04/2025)

April 4, 2025

April 4, 2025

PACER
53

Assented to MOTION Remote Appearance re 33 Motion Hearing,,,, Set Hearings,,, by U.S. Department of Homeland Security, Kristi Noem, Pamela Bondi, Antone Moniz.(Perez, Elianis) (Entered: 04/07/2025)

April 7, 2025

April 7, 2025

RECAP

Order on Motion for Miscellaneous Relief

April 7, 2025

April 7, 2025

PACER
54

Judge Brian E. Murphy: ELECTRONIC ORDER granting 53 Joint Motion for Remote Appearance as to Attorney Elianis N. Perez. (BIB) (Entered: 04/07/2025)

April 7, 2025

April 7, 2025

PACER
55

Entered in error. Modified on 4/8/2025 (CAM). (Entered: 04/08/2025)

April 7, 2025

April 7, 2025

RECAP
56

ORDER of USCA as to 35 Notice of Appeal, filed by U.S. Department of Homeland Security, Kristi Noem, Antone Moniz, Pamela Bondi (MAP) (Entered: 04/08/2025)

April 7, 2025

April 7, 2025

Clearinghouse
57

REPLY to Response to 6 Emergency MOTION for Temporary Restraining Order MOTION for Preliminary Injunction MOTION to Stay Administrative Action filed by D.V.D., M.M., E.F.D., O.C.G.. (Realmuto, Trina) (Entered: 04/08/2025)

April 8, 2025

April 8, 2025

RECAP

Letter/request - non-motion

April 8, 2025

April 8, 2025

PACER
58

REPLY to Response to 4 MOTION to Certify Class filed by D.V.D., M.M., E.F.D., O.C.G.. (Realmuto, Trina) (Entered: 04/08/2025)

April 8, 2025

April 8, 2025

RECAP
59

EXHIBIT re 57 Reply to Response to Motion, 58 Reply to Response to Motion by D.V.D., M.M., E.F.D., O.C.G.. (Attachments: # 1 Exhibit A - Guerra-Castaneda Orders, # 2 Exhibit B - Paye Order, # 3 Exhibit C - W.G.A. Order, # 4 Exhibit D - Herrera-Meza Order, # 5 Exhibit E - Rodriguez Sutuc Order, # 6 Exhibit F - H.I.L. Order, # 7 Exhibit G - Ramirez-Chavez Order, # 8 Exhibit H - Singh Order, # 9 Exhibit I - Austin Declaration, # 10 Exhibit J - Mayer-Salins Declaration, # 11 Exhibit K - Morales Declaration, # 12 Exhibit L - Gordan Declaration, # 13 Exhibit M - Gonzalez Declaration, # 14 Exhibit N - Bowman Declaration, # 15 Exhibit O - Glynn Declaration, # 16 Exhibit P - Brane Declaration, # 17 Exhibit Q - Turnbull Order)(Realmuto, Trina) (Entered: 04/08/2025)

1 Exhibit A - Guerra-Castaneda Orders

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2 Exhibit B - Paye Order

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3 Exhibit C - W.G.A. Order

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4 Exhibit D - Herrera-Meza Order

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5 Exhibit E - Rodriguez Sutuc Order

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6 Exhibit F - H.I.L. Order

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7 Exhibit G - Ramirez-Chavez Order

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8 Exhibit H - Singh Order

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9 Exhibit I - Austin Declaration

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10 Exhibit J - Mayer-Salins Declaration

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11 Exhibit K - Morales Declaration

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12 Exhibit L - Gordan Declaration

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13 Exhibit M - Gonzalez Declaration

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14 Exhibit N - Bowman Declaration

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15 Exhibit O - Glynn Declaration

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16 Exhibit P - Brane Declaration

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17 Exhibit Q - Turnbull Order

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April 8, 2025

April 8, 2025

RECAP
60

EXHIBIT re 57 Reply to Response to Motion, 58 Reply to Response to Motion by D.V.D., M.M., E.F.D., O.C.G.. (Attachments: # 1 Exhibit Belous Declaration)(Realmuto, Trina) (Entered: 04/09/2025)

1 Exhibit Belous Declaration

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April 9, 2025

April 9, 2025

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61

NOTICE of Appearance by Matthew Patrick Seamon on behalf of U.S. Department of Homeland Security, Kristi Noem, Pamela Bondi, Antone Moniz (Seamon, Matthew) (Entered: 04/10/2025)

April 10, 2025

April 10, 2025

PACER

Motion Hearing AND Order on Motion for Preliminary Injunction AND Order on Motion to Certify Class AND Order on Motion to Stay AND ~Util - Set Hearings

April 10, 2025

April 10, 2025

PACER
62

Clerk's Notes for Hearing held in-person before Judge Brian E. Murphy: Argument heard on 6 Motion for Preliminary Injunction and Stay and 4 Motion to Certify Class. Plaintiffs to provide names and alien numbers to the Defendants by 5:00 p.m. tomorrow, 4/11/2025. Defendants shall respond to Plaintiffs' latest submissions no later than 4/23/2025. Further conference set. Motions taken under advisement. TRO remains in place and is extended until the Motion for Preliminary Injunction is ruled upon.NOTICE OF HEARING:Status Conference set for 4/28/2025 at 11:00 a.m. in Courtroom 12 (In person only) before Judge Brian E. Murphy. (Court Reporter: Jessica Leonard at jessicamichaelleonard@gmail.com.)(Attorneys present: Realmuto, Macleod-Ball, Hughes, Adams, Larakers, Ensign, Perez (zoom)) (BIB) (Entered: 04/10/2025)

April 10, 2025

April 10, 2025

PACER
63

MOTION to Stay (Provisional Motion for Stay Pending Appeal of Preliminary Injunction Order) by U.S. Department of Homeland Security, Kristi Noem, Pamela Bondi, Antone Moniz. (Attachments: # 1 Text of Proposed Order)(Seamon, Matthew) (Entered: 04/15/2025)

1 Text of Proposed Order

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April 15, 2025

April 15, 2025

RECAP
64

Judge Brian E. Murphy: MEMORANDUM AND ORDER ON PLAINTIFFS' MOTIONS FOR CLASS CERTIFICATION AND PRELIMINARY INJUNCTION...: For the reasons stated in the accompanying Memorandum and Order, 4 Plaintiffs' Motion for Class Certification is granted and 6 Plaintiffs' Motion for Preliminary Injunction is granted in part. Defendants are ENJOINED from deporting any alien with a final order of removal to any country not explicitly provided for on the alien's order of removal without first providing to that alien the due-process guarantees set forth in pages 46-47 of the accompanying Memorandum and Order. Additionally, the Court ORDERS expedited discovery on whether and in what form Plaintiff O.C.G. received notice of his removal to a third country and ORDERS the parties to file a joint status update addressing a proposed discovery plan by April 25, 2025. The parties should be prepared to discuss this issue during the status conference scheduled for April 28, 2025, at 11:00 a.m. (BIB) (Entered: 04/18/2025)

April 18, 2025

April 18, 2025

RECAP

Order on Motion for Miscellaneous Relief

April 18, 2025

April 18, 2025

PACER

Order on Motion to Stay

April 18, 2025

April 18, 2025

PACER
65

Judge Brian E. Murphy: ELECTRONIC ORDER denying 63 Provisional Motion for Stay Pending Appeal of Preliminary Injunction Order, for the reasons stated in the Memorandum and Order on Plaintiffs' Motions for Class Certification and Preliminary Injunction 64 issued this day. (BIB) (Entered: 04/18/2025)

April 18, 2025

April 18, 2025

PACER
66

Judge Brian E. Murphy: ELECTRONIC ORDER finding as moot 43 Motion for an Indicative Ruling. (BIB) (Entered: 04/18/2025)

April 18, 2025

April 18, 2025

PACER
67

MOTION Remote Appearance by D.V.D., M.M., E.F.D., O.C.G..(Adams, Matt) (Entered: 04/21/2025)

April 21, 2025

April 21, 2025

RECAP
68

Judge Brian E. Murphy: ELECTRONIC ORDER granting 67 Unopposed Motion for Remote Appearance. (BIB) (Entered: 04/22/2025)

April 22, 2025

April 22, 2025

PACER

Order on Motion for Miscellaneous Relief

April 22, 2025

April 22, 2025

PACER

USCA Case Number

April 22, 2025

April 22, 2025

PACER
69

NOTICE OF APPEAL as to 64 Memorandum & ORDER,,,, by U.S. Department of Homeland Security, Kristi Noem, Pamela Bondi, Antone Moniz. Fee Status: US Government. NOTICE TO COUNSEL: A Transcript Report/Order Form, which can be downloaded from the First Circuit Court of Appeals web site at http://www.ca1.uscourts.gov MUST be completed and submitted to the Court of Appeals. Counsel shall register for a First Circuit CM/ECF Appellate Filer Account at http://pacer.psc.uscourts.gov/cmecf. Counsel shall also review the First Circuit requirements for electronic filing by visiting the CM/ECF Information section at http://www.ca1.uscourts.gov/cmecf. US District Court Clerk to deliver official record to Court of Appeals by 5/12/2025. (Larakers, Mary) (Entered: 04/22/2025)

April 22, 2025

April 22, 2025

RECAP
70

Certified and Transmitted Abbreviated Electronic Record on Appeal to US Court of Appeals re 69 Notice of Appeal. (MAP) (Entered: 04/22/2025)

April 22, 2025

April 22, 2025

PACER
71

USCA Case Number 25-1393 for 69 Notice of Appeal, filed by U.S. Department of Homeland Security, Kristi Noem, Antone Moniz, Pamela Bondi. (MAP) (Entered: 04/22/2025)

April 22, 2025

April 22, 2025

PACER

Case Details

State / Territory: Massachusetts

Case Type(s):

Immigration and/or the Border

Special Collection(s):

Trump 1.0 & 2.0 Immigration Enforcement Order Challenges

Trump Administration 2.0: Challenges to the Government

Trump Administration 2.0: Challenges to the Government (Immigration Enforcement)

Key Dates

Filing Date: March 23, 2025

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Four anonymous class plaintiffs, all noncitizens from Central America and currently residing in Massachusetts, on behalf of a class of "all individuals who have a final removal order issued in proceedings under Section 240, 241(a)(5), or 238(b) of the INA (including withholding-only proceedings) whom DHS has deported or will deport on or after February 18, 2025, to a country (a) not previously designated as the country or alternative country of removal, and (b) not identified in writing in the prior proceedings as a country to which the individual would be removed."

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Northwest Immigrant Rights Project (NWIRP)

Human Rights First

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Pending

Defendants

U.S. Department of Homeland Security, Federal

Secretary of DHS, Federal

United States Attorney General, Federal

Superintendent of the Plymouth County Correctional Facility (Plymouth), County

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

Administrative Procedure Act, 5 U.S.C. §§ 551 et seq.

Immigration and Nationality Act (INA), 8 U.S.C. §§ 1101 et seq.

Constitutional Clause(s):

Due Process

Due Process: Procedural Due Process

Available Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None yet

Source of Relief:

None yet

Issues

Immigration/Border:

Deportation - criteria

Deportation - judicial review

Deportation - procedure

Undocumented immigrants - rights and duties

Undocumented immigrants - state and local regulation