D.A. v. Noem
BrynoDC Coverage 1 video
Overview
Overview
Non-citizens who had been granted fear-based relief from being sent back to their country of origin sued the Department of Homeland Security over their removal to Ghana where they are now at risk of being removed to their countries of origin.
The Issue
Issue
Whether the Department of Homeland Security violated non-citizens' statutory and constitutional rights by removing them to Ghana despite their prior grants of fear-based relief, where removal to Ghana exposes them to subsequent removal to their countries of origin.
The Rules
Rule
The Immigration and Nationality Act prohibits removal to a country where a person faces persecution or torture; non-citizens granted asylum or withholding of removal are protected from refoulement, and removal must comply with statutory procedures and constitutional due process protections.
The Application
Analysis
Plaintiffs had received fear-based relief protecting them from return to their countries of origin. DHS removed them to Ghana, a third country from which they could face subsequent removal to their countries of origin, thereby circumventing statutory protections against refoulement.
The Conclusion
The court never reached a merits ruling on whether DHS's removals complied with non-refoulement obligations. On September 15, 2025 it denied the plaintiffs' motion for a temporary restraining order for lack of jurisdiction to compel actions by a foreign sovereign, and the case ended on January 21, 2026 by the plaintiffs' voluntary dismissal without prejudice.
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