Ellen Noble
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Ellen Noble
@enoble.bsky.social
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Supreme Court & Appellate Counsel at MacArthur Justice Center; previously DOJ Civil Rights Appellate and Public Justice.
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Reposted by Ellen Noble
chrisgeidner.bsky.social
MORE: Per the memorandum of law, actually, a flight *already left* taking class member(s) to South Sudan.

This is the third country removals case — so these are allegations of people being sent to a country that is not their country of origin or another country in which they have status.
Last night N.M.'s attorneys were notified that the Department of Homeland Security (DHS) intended to remove him to South Sudan. See Exhibit 1, Declaration of Jacqueline Brown, Exhibit D (email to counsel); Exhibit E (notice provided to N.M.). N.M., a Burmese national with limited English proficiency, refused to sign the notice of removal to South Sudan which was provided to him only in English. Id. This morning, they learned from a detention officer via email that N.M. was removed this same morning to South Sudan. Exhibit F. As with the motion for temporary restraining order that Plaintiffs filed not even two weeks ago, on May 7th, Dkt. 89, and which this Court agreed ought to not be necessary, Dkt. 91 at 1, this motion should also not be required as it blatantly defies this Court's PI to remove class members without a reasonable fear screening and a 15-day opportunity to submit a motion to reopen after any negative reasonable fear determination. Earlier this morning, class counsel received notification of a second class member, T.T.P., a national of Vietnam, who appears to have suffered the same fate as N.M., as well as information that there were likely at least 10 other class members on the plane to South Sudan. See Aldana Madrid Decl., Exhibit A. Given that N.M., T.T.P., and other class members will be or have been removed to South Sudan in violation of the PI, Plaintiffs ask this Court for an immediate order ordering the immediate return of any class members removed to South Sudan. The Court should further restrain all flights carrying class members to South Sudan or any other third country until Defendants provide the Court and Class Counsel with evidence that Defendants have complied with all terms of the PI, including, but not limited to, evidence of written notices provided to class members' (and their counsel, if any) in their native language, written notice provided to class members (and their counsel, if any) on how to request and obtain a reasonable fear screening, notice of outcome of reasonable fear determinations, and evidence documenting that fifteen days have elapsed after any negative reasonable fear determination in which class members could file a motion to reopen with the immigration court.
May 20, 2025 at 7:59 PM