Case: Phan v. U.S. Department of Homeland Security

1:25-cv-11910 | U.S. District Court for the District of Massachusetts

Filed Date: July 3, 2025

Closed Date: July 8, 2025

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Case Summary

This case involves eight noncitizens whom the Trump Administration sought to deport to South Sudan, a country to which they have no connection. That deportation effort was paused in DVD v. DHS, a class action in the U.S. District Court for the District of Massachusetts presided over by Judge Angel Kelley Murphy, challenging all such “third country” removals — deportations to a country other than the person’s country of origin or another country in which they have legal status. In apparent violation of the order, the eight petitioners here were nonetheless loaded onto a plane bound for South Sudan. The plane stopped to refuel in Djibouti, where the DVD court (Judge Murphy) ordered the eight men held in U.S. custody.

On appeal, however, the larger DVD injunction was stayed by the Supreme Court on June 23, 2025 — and then a subsequent preliminary injunction addressing just the men in Djibouti was also stayed by the Supreme Court on July 3.

The petitioners in this new habeas action filed in the U.S. District Court for the District of Columbia on July 3, 2025, in the evening, along with an emergency motion for a temporary restraining order and preliminary injunction. That new action was assigned to Judge Randolph D. Moss. The new habeas action cited Wong Wing v. U.S., 163 U.S. 228 (1896), in which the Supreme Court held that the government may not inflict upon “infamous punishment” in addition to deportation, as a penalty for an immigration violation, absent appropriate criminal process. The petitioners argued that their imminent deportation to South Sudan, where they faced arbitrary imprisonment, torture, and likely death, constituted an unlawful "infamous punishment" imposed without trial, in violation of the Fifth, Sixth, and Eighth Amendments.

A hearing was held July 4, 2025, at 12:30 p.m. on the petitioners’ emergency motion for a temporary restraining order and preliminary injunction; during the hearing, a Justice Department lawyer informed the court that a flight was scheduled for 7 p.m. Eastern Time that day to take the men from Djibouti to South Sudan.

When the government called the new action an “abuse of process” in light of the Supreme Court’s earlier orders staying relief in the DVD case, petitioners' counsel responded that the habeas petition was properly filed because it raised distinct constitutional claims not previously adjudicated. They emphasized that the petition alleged unlawful punishment under Wong Wing and invoked new factual developments — namely, the men’s imminent removal to a country where they faced arbitrary detention and death — warranting independent judicial review.

After the hearing, Judge Moss ruled that the case was appropriately considered related to the DVD litigation, and therefore transferred it to the U.S. District Court for the District of Massachusetts so it could be heard by Judge Murphy, who was already presiding over the DVD case. (In D. Mass., it had docket number 1:25-cv-11910.)

Judge Murphy then promptly denied the emergency request to block the deportation of the eight men then imprisoned at a U.S. naval base in Djibouti. Judge Murphy ruled that the claims raised in this new filing were “substantially similar” to those in DVD v. DHS. As a result, the court found it was bound by the Supreme Court's ruling in DVD. The men were deported later that day, on the evening of July 4, 2025, aboard a U.S. government-chartered flight from Djibouti to South Sudan.

On July 8, 2025, the petitioners filed a Notice of Voluntary Dismissal. The case is closed.

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Summary Authors

Clearinghouse (7/4/2025)

Victoria Tan (7/19/2025)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/70709015/parties/phan-v-us-department-of-homeland-security/

Judge(s)

Moss, Randolph Daniel (District of Columbia)

Attorney for Plaintiff

Harper, Mary Sameera (District of Columbia)

Attorney for Defendant

Hudak, Brian P. (District of Columbia)

Expert/Monitor/Master/Other

Larakers, Mary (Massachusetts)

Marzouk, Stephanie E.Y. (Massachusetts)

Judge(s)

Moss, Randolph Daniel (District of Columbia)

Attorney for Plaintiff

Harper, Mary Sameera (District of Columbia)

Attorney for Defendant

Hudak, Brian P. (District of Columbia)

Expert/Monitor/Master/Other

Larakers, Mary (Massachusetts)

Marzouk, Stephanie E.Y. (Massachusetts)

Perez, Elianis N. (Massachusetts)

Attorney Contact Information via CourtListener

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Documents in the Clearinghouse

	Document
1 1:25-cv-02147	Complaint and Petition for Writ of Habeas Corpus U.S. District Court for the District of District of Columbia	July 3, 2025	July 3, 2025 Complaint

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/70709015/phan-v-us-department-of-homeland-security/

Last updated Dec. 3, 2025, 1:05 a.m.

ECF Number	Description	Date	Link Date / Link
1	Emergency PETITION for Writ of Habeas Corpus (2241) Filing fee: $ 5, receipt number AMADC-11103074 Fee status: Filing Fee paid., filed by Kyaw Mya, Jose Manuel Rodriguez-Quinones, Dian Peter Domach, Enrique Arias-Hierro, Nyo Myint, Thongxay Nilakout, Tuan Thanh Phan, Jesus Munoz-Gutierrez.(Marzouk, Stephanie) (Entered: 07/04/2025)	July 4, 2025	July 4, 2025
1	Emergency PETITION for Writ of Habeas Corpus (2241) Filing fee: $ 5, receipt number AMADC-11103074 Fee status: Filing Fee paid., filed by Kyaw Mya, Jose Manuel Rodriguez-Quinones, Dian Peter Domach, Enrique Arias-Hierro, Nyo Myint, Thongxay Nilakout, Tuan Thanh Phan, Jesus Munoz-Gutierrez.(Marzouk, Stephanie) (Entered: 07/04/2025)	July 4, 2025	July 4, 2025
1	Emergency PETITION for Writ of Habeas Corpus (2241) Filing fee: $ 5, receipt number AMADC-11103074 Fee status: Filing Fee paid., filed by Kyaw Mya, Jose Manuel Rodriguez-Quinones, Dian Peter Domach, Enrique Arias-Hierro, Nyo Myint, Thongxay Nilakout, Tuan Thanh Phan, Jesus Munoz-Gutierrez.(Marzouk, Stephanie) (Entered: 07/04/2025)	July 4, 2025	July 4, 2025
2	Emergency MOTION for Temporary Restraining Order by Enrique Arias-Hierro, Dian Peter Domach, Jesus Munoz-Gutierrez, Kyaw Mya, Nyo Myint, Thongxay Nilakout, Tuan Thanh Phan, Jose Manuel Rodriguez-Quinones. (Attachments: # 1 Memo ISO TRO)(Marzouk, Stephanie) (Entered: 07/04/2025)	July 4, 2025	July 4, 2025
2	Emergency MOTION for Temporary Restraining Order by Enrique Arias-Hierro, Dian Peter Domach, Jesus Munoz-Gutierrez, Kyaw Mya, Nyo Myint, Thongxay Nilakout, Tuan Thanh Phan, Jose Manuel Rodriguez-Quinones. (Attachments: # 1 Memo ISO TRO)(Marzouk, Stephanie) (Entered: 07/04/2025)	July 4, 2025	July 4, 2025
2	Emergency MOTION for Temporary Restraining Order by Enrique Arias-Hierro, Dian Peter Domach, Jesus Munoz-Gutierrez, Kyaw Mya, Nyo Myint, Thongxay Nilakout, Tuan Thanh Phan, Jose Manuel Rodriguez-Quinones. (Attachments: # 1 Memo ISO TRO)(Marzouk, Stephanie) Motion terminated on 7/4/2025 (BIB). (Entered: 07/04/2025)	July 4, 2025	July 4, 2025
3	Civil Cover Sheet & Category Sheet re 1 Petition for Writ of Habeas Corpus (2241), by Enrique Arias-Hierro, Dian Peter Domach, Jesus Munoz-Gutierrez, Kyaw Mya, Nyo Myint, Thongxay Nilakout, Tuan Thanh Phan, Jose Manuel Rodriguez-Quinones. (Attachments: # 1 Category Form Category Form)(Marzouk, Stephanie) (Entered: 07/04/2025)	July 4, 2025	July 4, 2025
3	Civil Cover Sheet & Category Sheet re 1 Petition for Writ of Habeas Corpus (2241), by Enrique Arias-Hierro, Dian Peter Domach, Jesus Munoz-Gutierrez, Kyaw Mya, Nyo Myint, Thongxay Nilakout, Tuan Thanh Phan, Jose Manuel Rodriguez-Quinones. (Attachments: # 1 Category Form Category Form)(Marzouk, Stephanie) (Entered: 07/04/2025)	July 4, 2025	July 4, 2025
3	Civil Cover Sheet & Category Sheet re 1 Petition for Writ of Habeas Corpus (2241), by Enrique Arias-Hierro, Dian Peter Domach, Jesus Munoz-Gutierrez, Kyaw Mya, Nyo Myint, Thongxay Nilakout, Tuan Thanh Phan, Jose Manuel Rodriguez-Quinones. (Attachments: # 1 Category Form Category Form)(Marzouk, Stephanie) (Entered: 07/04/2025)	July 4, 2025	July 4, 2025
4	NOTICE by Enrique Arias-Hierro, Dian Peter Domach, Jesus Munoz-Gutierrez, Kyaw Mya, Nyo Myint, Thongxay Nilakout, Tuan Thanh Phan, Jose Manuel Rodriguez-Quinones (Attachments: # 1 Initial TRO Order)(Marzouk, Stephanie) (Entered: 07/04/2025)	July 4, 2025	July 4, 2025
4	NOTICE by Enrique Arias-Hierro, Dian Peter Domach, Jesus Munoz-Gutierrez, Kyaw Mya, Nyo Myint, Thongxay Nilakout, Tuan Thanh Phan, Jose Manuel Rodriguez-Quinones (Attachments: # 1 Initial TRO Order)(Marzouk, Stephanie) (Entered: 07/04/2025)	July 4, 2025	July 4, 2025
4	NOTICE by Enrique Arias-Hierro, Dian Peter Domach, Jesus Munoz-Gutierrez, Kyaw Mya, Nyo Myint, Thongxay Nilakout, Tuan Thanh Phan, Jose Manuel Rodriguez-Quinones (Attachments: # 1 Initial TRO Order)(Marzouk, Stephanie) (Entered: 07/04/2025)	July 4, 2025	July 4, 2025
5	NOTICE of Appearance by Elianis N. Perez on behalf of Pete Hegseth, Todd Lyons, Kristi Noem, Marco Rubio, U.S. Department of Homeland Security (Perez, Elianis) (Entered: 07/04/2025)	July 4, 2025	July 4, 2025
5	NOTICE of Appearance by Elianis N. Perez on behalf of Pete Hegseth, Todd Lyons, Kristi Noem, Marco Rubio, U.S. Department of Homeland Security (Perez, Elianis) (Entered: 07/04/2025)	July 4, 2025	July 4, 2025
5	NOTICE of Appearance by Elianis N. Perez on behalf of Pete Hegseth, Todd Lyons, Kristi Noem, Marco Rubio, U.S. Department of Homeland Security (Perez, Elianis) (Entered: 07/04/2025)	July 4, 2025	July 4, 2025
6	NOTICE of Appearance by Mary Larakers on behalf of Pete Hegseth, Todd Lyons, Kristi Noem, Marco Rubio, U.S. Department of Homeland Security (Larakers, Mary) (Entered: 07/04/2025)	July 4, 2025	July 4, 2025
6	NOTICE of Appearance by Mary Larakers on behalf of Pete Hegseth, Todd Lyons, Kristi Noem, Marco Rubio, U.S. Department of Homeland Security (Larakers, Mary) (Entered: 07/04/2025)	July 4, 2025	July 4, 2025
6	NOTICE of Appearance by Mary Larakers on behalf of Pete Hegseth, Todd Lyons, Kristi Noem, Marco Rubio, U.S. Department of Homeland Security (Larakers, Mary) (Entered: 07/04/2025)	July 4, 2025	July 4, 2025
7	Opposition re 2 Emergency MOTION for Temporary Restraining Order filed by Pete Hegseth, Todd Lyons, Kristi Noem, Marco Rubio, U.S. Department of Homeland Security. (Larakers, Mary) (Entered: 07/04/2025)	July 4, 2025	July 4, 2025
7	Opposition re 2 Emergency MOTION for Temporary Restraining Order filed by Pete Hegseth, Todd Lyons, Kristi Noem, Marco Rubio, U.S. Department of Homeland Security. (Larakers, Mary) (Entered: 07/04/2025)	July 4, 2025	July 4, 2025
7	Opposition re 2 Emergency MOTION for Temporary Restraining Order filed by Pete Hegseth, Todd Lyons, Kristi Noem, Marco Rubio, U.S. Department of Homeland Security. (Larakers, Mary) (Entered: 07/04/2025)	July 4, 2025	July 4, 2025
8	Judge Brian E. Murphy: ELECTRONIC ORDER entered. This habeas petition was transferred, Phan et al v. U.S. Department of Homeland Security et al, 1:25-cv-02147-RDM, Dkt. 8, from the District Court for the District of Columbia as it was deemed related to D.V.D. et al v. U.S. Department of Homeland Security et al., 1:25-cv-10676-BEM. In D.V.D., the relief sought by Petitioners was initially granted by this Court but later stayed by the Supreme Court of the United States. Dept of Homeland Sec. v. D.V.D., S.Ct., 2025 WL 1732103 (June 23, 2025); Dept of Homeland Sec. v. D. V. D., S.Ct., 2025 WL 1832186 (July 3, 2025) (granting clarification specifically as to these Petitioners). This Court interprets these Supreme Court orders as binding on this new petition, as Petitioners are now raising substantially similar claims, and therefore Petitioners motion is denied.(svm) (Entered: 07/04/2025)	July 4, 2025	July 4, 2025
8	Judge Brian E. Murphy: ELECTRONIC ORDER entered. This habeas petition was transferred, Phan et al v. U.S. Department of Homeland Security et al, 1:25-cv-02147-RDM, Dkt. 8, from the District Court for the District of Columbia as it was deemed related to D.V.D. et al v. U.S. Department of Homeland Security et al., 1:25-cv-10676-BEM. In D.V.D., the relief sought by Petitioners was initially granted by this Court but later stayed by the Supreme Court of the United States. Dept of Homeland Sec. v. D.V.D., S.Ct., 2025 WL 1732103 (June 23, 2025); Dept of Homeland Sec. v. D. V. D., S.Ct., 2025 WL 1832186 (July 3, 2025) (granting clarification specifically as to these Petitioners). This Court interprets these Supreme Court orders as binding on this new petition, as Petitioners are now raising substantially similar claims, and therefore Petitioners motion is denied.(svm) (Entered: 07/04/2025)	July 4, 2025	July 4, 2025
8	Judge Brian E. Murphy: ELECTRONIC ORDER entered. This habeas petition was transferred, Phan et al v. U.S. Department of Homeland Security et al, 1:25-cv-02147-RDM, Dkt. 8, from the District Court for the District of Columbia as it was deemed related to D.V.D. et al v. U.S. Department of Homeland Security et al., 1:25-cv-10676-BEM. In D.V.D., the relief sought by Petitioners was initially granted by this Court but later stayed by the Supreme Court of the United States. Dept of Homeland Sec. v. D.V.D., S.Ct., 2025 WL 1732103 (June 23, 2025); Dept of Homeland Sec. v. D. V. D., S.Ct., 2025 WL 1832186 (July 3, 2025) (granting clarification specifically as to these Petitioners). This Court interprets these Supreme Court orders as binding on this new petition, as Petitioners are now raising substantially similar claims, and therefore Petitioners motion is denied.(svm) (Entered: 07/04/2025)	July 4, 2025	July 4, 2025
9	MOTION for Leave to Appear Pro Hac Vice for admission of Mary S. Van Houten Harper and Jennie Pasquarella Filing fee: $ 250, receipt number AMADC-11103133 by Enrique Arias-Hierro, Dian Peter Domach, Jesus Munoz-Gutierrez, Kyaw Mya, Nyo Myint, Thongxay Nilakout, Tuan Thanh Phan, Jose Manuel Rodriguez-Quinones. (Attachments: # 1 Exhibit Exh A - Declaration, # 2 Exhibit Exh B - Declaration, # 3 Text of Proposed Order)(Marzouk, Stephanie) (Entered: 07/04/2025)	July 4, 2025	July 4, 2025
9	MOTION for Leave to Appear Pro Hac Vice for admission of Mary S. Van Houten Harper and Jennie Pasquarella Filing fee: $ 250, receipt number AMADC-11103133 by Enrique Arias-Hierro, Dian Peter Domach, Jesus Munoz-Gutierrez, Kyaw Mya, Nyo Myint, Thongxay Nilakout, Tuan Thanh Phan, Jose Manuel Rodriguez-Quinones. (Attachments: # 1 Exhibit Exh A - Declaration, # 2 Exhibit Exh B - Declaration, # 3 Text of Proposed Order)(Marzouk, Stephanie) (Entered: 07/04/2025)	July 4, 2025	July 4, 2025
9	MOTION for Leave to Appear Pro Hac Vice for admission of Mary S. Van Houten Harper and Jennie Pasquarella Filing fee: $ 250, receipt number AMADC-11103133 by Enrique Arias-Hierro, Dian Peter Domach, Jesus Munoz-Gutierrez, Kyaw Mya, Nyo Myint, Thongxay Nilakout, Tuan Thanh Phan, Jose Manuel Rodriguez-Quinones. (Attachments: # 1 Exhibit Exh A - Declaration, # 2 Exhibit Exh B - Declaration, # 3 Text of Proposed Order)(Marzouk, Stephanie) (Entered: 07/04/2025)	July 4, 2025	July 4, 2025
	Order	July 4, 2025	July 4, 2025
	Order	July 4, 2025	July 4, 2025
	Order	July 4, 2025	July 4, 2025
10	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. (NMC) (Entered: 07/07/2025)	July 7, 2025	July 7, 2025
11	Judge Brian E. Murphy: ELECTRONIC ORDER entered granting 9 Motion for Leave to Appear Pro Hac Vice Added Mary S. Van Houten Harper and Jennie Pasquarella. 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: 07/07/2025)	July 7, 2025	July 7, 2025
	Notice of Case Assignment	July 7, 2025	July 7, 2025
	Order on Motion for Leave to Appear	July 7, 2025	July 7, 2025
12	NOTICE of Voluntary Dismissal by Enrique Arias-Hierro, Dian Peter Domach, Jesus Munoz-Gutierrez, Kyaw Mya, Nyo Myint, Thongxay Nilakout, Tuan Thanh Phan, Jose Manuel Rodriguez-Quinones (Marzouk, Stephanie) (Entered: 07/08/2025)	July 8, 2025	July 8, 2025