The facts are a little confusing and I may not have all of these correct. I just want to note the timeline.
The case is DVD vs DHS. The basic facts are that there are eight "barbaric monsters" (or undocumented immigrants who committed felonies and have served their time), who the US is trying to deport but their home countries won't accept them back. So DHS decides to deport them to South Sudan (who is probably getting paid to accept them). The Massachusetts Judge Brian Murphy is concerned that the deportees may be incarcerated and tortured in South Sudan, violating the Convention Against Torture.
April 18, 2025. Judge Murphy issued a universal injunction enjoining the US government from deporting any alien to any third country without following certain procedures. He ordered that any deportees anywhere (who are being deported to a country other than their home country) should be entitled to 15 days notice and an opportunity to challenge the deportation.
May, 2025. DHS apparently violates his order by sending the now nicknamed "Djibouti Eight" to be held in shipping containers in Camp Lemmonier until they can get clearance to send them to South Sudan.
May 21, 2025. Judge Murphy finds that DHS violated his injunction and entered an Order requiring the government to follow certain procedures with regards to the Eight.
June 23, 2025. The US Supreme Court stays the injunction pending appeal. (Sotomayor, Kagan and Jackson dissent in a 19 page opinion). (https://www.supremecourt.gov/opinions/24pdf/24a1153_l5gm.pdf).
June 23, 2025. After the Supreme Court issues its order, Judge Murphy says that it doesn't apply to him, because DHS didn't following the correct procedures in appealing it. I think he is saying that the Supreme Court only address his April 18 injunction, not his May 21 remedial order. "The District Court's remedial orders were not properly before the Supreme Court because the Government has not appealed them, nor sought a stay pending a forthcoming appeal."
June 24, 2025. DHS files a clarifying order with the Supreme Court. This motion addresses the district court’s unprecedented defiance of this Court’s authority. Yesterday evening, just hours after this Court stayed the preliminary injunction in this case, the district court issued an order asserting that its related ruling enforcing that injunction “remains in full force and effect,” “notwithstanding todays sic stay of the Preliminary Injunction.” The district court claimed that the several “individuals” whose removal it previously halted mid-flight—and whose resulting detention in Djibouti in precarious circumstances was a focal point of the government’s stay application—remain subject to its order enforcing the very injunction that this Court stayed yesterday.
July 3, 2025. The Supreme Court issues an Order on the Motion for Clarification. The Supreme Court shoots Murphy down. Our June 23 order stayed the April 18 preliminary injunction in full. The May 21 remedial order cannot now be used to enforce an injunction that our stay rendered unenforceable. (Sotomayor dissents). (24A1153 Department of Homeland Security v. D. V. D. (07/03/2025))
July 4, 2025. Yes Federal District court judges work on the 4th of July. Despite the Supreme Court ruling, Judge Moss (in DC) issues an administrative stay of the deportation of the Eight, but only for 1 hour. After the attorneys for the Eight file their emergency motion, he forwards it to Judge Murphy.
July 4, 2025. Judge Murphy finally accepts the inevitable and acknowledges the Supreme Court order. "This Court interprets these Supreme Court orders as binding on this new petition, as Petitioners are now raising substantially similar claims, and therefore Petitioners motion is denied."
July 4, 2025 7:30pm. A plane departs Djibouti with the Eight on its way to South Sudan. Where the Eight will be tortured - not.
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