Legal Action

Plaintiffs— noncitizens who have been granted fear-based immigration relief under the Immigration and Nationality Act (INA) and the Convention Against Torture (CAT)—bring this action, challenging the U.S. Department of Homeland Security and U.S. Immigration and Customs Enforcement’s scheme to deport them indirectly to their countries of origin by transferring them to Ghana for subsequent removal, despite final immigration orders prohibiting such removals. They allege that defendants’ actions are unlawful because they violate the INA and CAT, exceed statutory and constitutional authority, contravene due process protections, and constitute an arbitrary and capricious circumvention of U.S. immigration law. Plaintiffs seek declaratory and injunctive relief to prevent their further transfer or removal to their countries of origin and to secure their immediate return or protection consistent with their fear-based relief.