D.V.D. v. Department of Homeland Security (Deportation injunction D)
Case Overview
The government appealed Judge Murphy's order granting a preliminary injunction which prevents the administration from deporting individuals to third countries without giving them a chance to contest that deportation due to fear of injury or death.
Legal Issues
The Application
Judge Murphy found the preliminary injunction standard satisfied: plaintiffs demonstrated likelihood of success on due process and non-refoulement claims, irreparable harm from deportation without a hearing, and that the balance of equities favored protecting constitutional rights.
The Conclusion
The First Circuit is reviewing Judge Murphy's order granting the preliminary injunction, which prevents the removal to third countries pending resolution of the underlying constitutional claims.
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