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

Case Ongoing

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Case Summary

This case involves 8 noncitizens whom the Trump Administration seeks 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 District of Massachusetts about all such third country removals — deportations to a country other the the person’s country of origin or another country in which they have legal status.  In apparent violation of the order, the 8 petitioners here were nonetheless loaded onto a plane which …

This case involves 8 noncitizens whom the Trump Administration seeks 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 District of Massachusetts about all such third country removals — deportations to a country other the the person’s country of origin or another country in which they have legal status.  In apparent violation of the order, the 8 petitioners here were nonetheless loaded onto a plane which was sent towards South Sudan. The plane stopped to refuel in Djibouti, where the DVD court (Judge Murphy) ordered the 8 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 filed in the U.S. District Court for the District of Columbia on July 3, 2025, in the evening. 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. Their deportation to South Sudan to face arbitrary imprisonment, torture, injury, and death, the petition argued, constituted such an unlawful "infamous punishment," in violation of the Fifth, Sixth, and Eighth Amendments.   

The matter was assigned to U.S. District Judge Randolph Moss. Early in the morning on July 4, Judge Moss issued an administrative stay blocking the Trump Administration from "moving, transferring, or removing from U.S. custody" the eight men the U.S. wants to send to South Sudan while his stay remains in effect. A hearing was held July 4, at 12:30 pm; at it, 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 “abuse of process” in light of the Supreme Court’s earlier orders, petitioners' counsel argued because this case was properly brought, and raised different claims.

The case is ongoing. 

Summary Authors

Clearinghouse (7/4/2025)

Related Cases

D.V.D. v. U.S. Department of Homeland Security, District of Massachusetts (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)

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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

Docket

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

Last updated July 7, 2025, 9:23 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

PACER
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

PACER

Order

July 4, 2025

July 4, 2025

PACER

Order

July 4, 2025

July 4, 2025

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER

Notice of Case Assignment

July 7, 2025

July 7, 2025

PACER

Order on Motion for Leave to Appear

July 7, 2025

July 7, 2025

PACER

Case Details