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D.A. v. Noem

No. 1:25-cv-03135 District · Decided Decided
Court
D.D.C.
dcd
Judge
Tanya S. Chutkan 44
Decided
Jan 21, 2026
Filed
Sep 11, 2025
Judge (CL)
Tanya S. Chutkan 44
Filed (CL)
Sep 11, 2025
CL Status
terminated

Case 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.

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The Application

History

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 determined whether DHS's removal of the plaintiffs to Ghana complied with non-refoulement obligations and statutory protections afforded to individuals with fear-based relief.

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Docket

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Outcome History (3)

  1. Sep 14, 2025 District
    Dismissed as moot Neutral Unreviewed

    Plaintiffs' motions denied as moot due to stipulated protective order.

  2. Dec 8, 2025 District
    Other Full relief Unreviewed

    Plaintiffs' emergency motion to unseal document granted.

  3. Jan 21, 2026 District
    Voluntarily dismissed Settled Final Unreviewed

    Case voluntarily dismissed without prejudice.

Federal Court TMR-c0161333 Removal to Third Country May 18, 2026

Case Analysis

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.

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.

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.

Conclusion

The court determined whether DHS's removal of the plaintiffs to Ghana complied with non-refoulement obligations and statutory protections afforded to individuals with fear-based relief.

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.

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