Phan v. Department of Homeland Security
Legal Issues
Overview
Overview
8 immigrants currently housed at a U.S. Naval Base in Djibouti at risk of being deported to South Sudan filed a petition for writ of habeas corpus and are requesting the court prevent the Trump administration from removing them to South Sudan.
The Issue
Issue
Whether the government may remove alien detainees to a third country under executive authority, and whether such removal violates the habeas corpus rights or due process protections of immigrants detained at a U.S. military facility.
The Rules
Rule
The habeas corpus statute (28 U.S.C. § 2241) protects persons held in custody within U.S. jurisdiction; the Immigration and Nationality Act governs removal procedures and requires compliance with statutory processes; due process protections apply to aliens in U.S. custody.
The Application
Analysis
The petitioners, held at a U.S. Naval Base in Djibouti, fall within government custody and habeas corpus jurisdiction; their proposed removal to South Sudan, where they lack citizenship, raises statutory and constitutional questions about compliance with removal procedures and protection against persecution or torture.
The Conclusion
Conclusion
The court issued a decision on the merits of the habeas petition, addressing the government's authority to remove the detainees to a third country and the constitutional or statutory protections available to petitioners in military custody.
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