Filed Date: April 24, 2025
Closed Date: May 8, 2025
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This is a case about the alleged unlawful detention and deportation of a U.S. citizen child without due process. On April 24, 2025, a petition for a writ of habeas corpus was filed in the United States District Court for the Western District of Louisiana on behalf of a two-year-old natural-born U.S. citizen, identified as V.M.L. The petitioner sued the U.S. Department of Homeland Security and its Secretary, and U.S. Immigration and Customs Enforcement and its Acting Director. Judge Terry A. Doughty was assigned to the case.
The petition, brought by a next friend, challenged the government’s decision to detain and deport the child to Honduras following an ICE check-in. Although V.M.L. was a U.S. citizen, she was detained alongside her noncitizen mother and sister during an immigration enforcement action and was deported as part of the family unit. The petition alleged that the government failed to provide any process allowing V.M.L. to assert or prove her citizenship before her deportation. It further alleged that the government’s detention was ultra vires, exceeding legal authority, and that the detention and removal violated protections under the Fourth Amendment against unlawful seizure. The petitioner argued that these failures violated V.M.L.’s constitutional rights under the Fifth Amendment’s Due Process Clause, emphasizing that no meaningful opportunity was given to establish her citizenship status or to challenge the removal decision. They further contended that the government’s actions undermined birthright citizenship protections and amounted to an arbitrary and unlawful deprivation of liberty. The petition also invoked the All Writs Act and the Suspension Clause to preserve the court’s jurisdiction and prevent the mooting of constitutional claims.
Represented by private counsel, the petitioner filed an emergency motion for a temporary restraining order on April 24, 2025, seeking to halt V.M.L.’s removal while the court considered the legality of her detention and deportation. The motion argued that immediate relief was necessary to prevent irreparable harm and to protect V.M.L.’s due process rights, including the opportunity to establish her U.S. citizenship. The petitioner requested her release from custody, a declaratory judgment that the detention and removal were unlawful, and an injunction barring any further removal efforts without due process.
However, on April 25, the government notified the court that V.M.L. and her mother had already been released in Honduras, rendering communication with them impossible. The government stated that V.M.L.’s mother had expressed a desire to take her child to Honduras, citing a handwritten note as evidence of this intent. The response effectively indicated that the government had completed the removal before the court could rule on the emergency motion for a temporary restraining order.
On April 25, 2025, Judge Doughty issued a memorandum order addressing the emergency petition. 2025 WL 1202548. The order acknowledged the serious due process concerns raised by the petition and scheduled a hearing for May 16, 2025, to determine whether the government had unlawfully deported a U.S. citizen without providing a meaningful opportunity to challenge her removal. Despite the scheduled hearing, on May 8, 2025, the parties filed a joint stipulation of dismissal, and the case was closed without a ruling on the merits.
Summary Authors
Victoria Tan (7/2/2025)
For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/69940863/parties/v-m-l-v-harper/
Doughty, Terry Alvin (Louisiana)
Do, Bichngoc T (Louisiana)
Duong, Alanna Thanh (Louisiana)
King, Karen J (Louisiana)
McCarter, Joseph (Louisiana)
See docket on RECAP: https://www.courtlistener.com/docket/69940863/v-m-l-v-harper/
Last updated Aug. 23, 2025, 5:14 p.m.
State / Territory: Louisiana
Case Type(s):
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: April 24, 2025
Closing Date: May 8, 2025
Case Ongoing: No
Plaintiffs
Plaintiff Description:
A two-year-old natural-born U.S. citizen
Plaintiff Type(s):
Attorney Organizations:
National Immigration Project of the NLG
Public Interest Lawyer: Yes
Filed Pro Se: No
Class Action Sought: No
Class Action Outcome: Not sought
Defendants
U.S. Department of Homeland Security (- United States (national) -), Federal
U.S. Immigration and Customs Enforcement (- United States (national) -), Federal
Case Details
Causes of Action:
Habeas Corpus, 28 U.S.C. §§ 2241-2253; 2254; 2255
All Writs Act, 28 U.S.C. § 1651
Constitutional Clause(s):
Due Process: Procedural Due Process
Unreasonable search and seizure
Special Case Type(s):
Available Documents:
Outcome
Prevailing Party: None Yet / None
Nature of Relief:
Source of Relief:
Content of Injunction:
Preliminary relief request withdrawn/mooted
Issues
General/Misc.:
Access to lawyers or judicial system
Immigration/Border: