D.V.D. et al v. U.S. Department of Homeland Security et al

UNITED STATES DISTRICT COURT
DISTRICT OF MASSACHUSETTS
_______________________________________
)
D.V.D., et al., 	)
)
Plaintiffs, 	)
) 	Civil Action No.
v. 	) 	25-10676-BEM
)
DEPARTMENT OF HOMELAND 	)
SECURITY, et al., 	)
)
Defendants. 	)
_______________________________________)
FINAL JUDGMENT
MURPHY, J.
For the reasons stated in the Court’s Memorandum and Order on Defendants’ Motion to
Dismiss and on Plaintiffs’ Motion for Partial Summary Judgment, Dkt. 241, it is hereby
ORDERED, ADJUDGED, and DECREED:
1. 	Judgment is ENTERED as to Counts I and IV in favor of Plaintiffs D.V.D., M.M.,
E.F.D., and O.C.G., individually and on behalf of all individuals who have a final removal order
issued in proceedings under Section 240, 241(a)(5), or 238(b) of the Immigration and Nationality
Act (including withholding-only proceedings) whom the Department of Homeland Security has
deported or will deport on or after February 18, 2025, to a country (a) not previously designated
as the country or alternative country of removal, and (b) not identified in writing in the prior
proceedings as a country to which the individual would be removed.
2. 	The Court DECLARES that 8 C.F.R. § 1240.12(d) requires Defendants, before
effecting removal of a class member to any third country, to first seek removal to that class
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member’s designated country of removal or specified alternative country or countries of removal,
as provided in that class member’s final order of removal.
3. 	The Court DECLARES that 8 U.S.C. § 1231(b) requires Defendants, before
effecting removal of a class member pursuant to 8 U.S.C. § 1231(b)(2)(E), to first seek removal to
that class member’s designated country of removal or country or countries of citizenship, if any.
4. 	The Court DECLARES that class members have the right to meaningful notice
before removal to any third country.
5. 	The Court DECLARES that class members have the right to a meaningful
opportunity to raise a country-specific claim against removal before removal to any third country.
6. 	The Court DECLARES that Defendants’ third-country removal policy, as
embodied in DHS’s March 30, 2025 memorandum, titled “Guidance Regarding Third Country
Removals,” and ICE’s July 9, 2025 memorandum, titled “Third Country Removals Following the
Supreme Court’s Order in Department of Homeland Security v. D.V.D., No. 24A1153 (U.S.
June 23, 2025),” is unlawful and SETS ASIDE that policy.
7. 	This JUDGMENT is STAYED until fifteen days from date of issuance or until the
First Circuit rules on any motion for an administrative stay or stay pending appeal, whichever
occurs first.
So Ordered.
/s/ Brian E. Murphy
Brian E. Murphy
Dated: February 25, 2026 	Judge, United States District Court
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