Phan v. Department of Homeland Security
Case 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.
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The Application
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
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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