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D.V.D. V. Department Of Homeland Security
''D.V.D. v. Department of Homeland Security'' is a 2025 class action brought by a Cuban immigrant, with the court-authorized pseudonym of D.V.D., and three other immigrant plaintiffs seeking to prevent their deportation to a country other than their country of origin, without first being given the opportunity to challenge the deportation on the basis that they might face serious harm in that other country. The case was appealed to the U.S. Supreme Court in ''Department of Homeland Security v. D.V.D.'', and led to two U.S. Supreme Court opinions. The deportation was planned by the U.S. Department of Homeland Security. The hearing took place in the United State District court for the District of Massachusetts with Judge Brian E. Murphy. The court documents state the case asks the following question:Before the United States forcibly sends someone to a country other than their country of origin, must that person be told where they are going and be given a chance to tell the Unite ...
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United States District Court For The District Of Massachusetts
The United States District Court for the District of Massachusetts (in case citations, D. Mass.) is the United States district court, federal district court whose Jurisdiction (area), territorial jurisdiction is the Commonwealth (U.S. state), Commonwealth of Massachusetts, United States. The first court session was held in Boston, Massachusetts, Boston in 1789. The second term was held in Salem, Massachusetts, Salem in 1790 and court session locations alternated between the two cities until 1813. That year, Boston became the court's permanent home. A western division was opened in Springfield, Massachusetts, Springfield in 1979 and a central division was opened in Worcester, Massachusetts, Worcester in 1987. The court's main building is the John Joseph Moakley United States Courthouse, John Joseph Moakley Federal Courthouse on Fan Pier in South Boston. Appeals from the District of Massachusetts are heard by the United States Court of Appeals for the First Circuit, also locat ...
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Asylum In The United States
The United States recognizes the right of asylum for individuals seeking protections from persecution, as specified by international and federal law. People who seek protection while outside the U.S. are termed refugees, while people who seek protection from inside the U.S. are termed asylum seekers. Those who are granted asylum are termed asylees. A specified number of legally defined refugees who are granted ''refugee status'' outside the United States are annually admitted under for firm resettlement. Other people enter the United States with or without inspection, and apply for asylum under section 1158. Asylum in the United States has two specific requirements. First, asylum applicants must be physically present in the United States, or at a designated port of arrival. Second, they must show that they suffered persecution in the past, or have a well-founded fear of future persecution in their country of nationality and permanent residency on account of at least ...
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Judicial Review
Judicial review is a process under which a government's executive, legislative, or administrative actions are subject to review by the judiciary. In a judicial review, a court may invalidate laws, acts, or governmental actions that are incompatible with a higher authority. For example, an executive decision may be invalidated for being unlawful, or a statute may be invalidated for violating the terms of a constitution. Judicial review is one of the checks and balances in the separation of powers—the power of the judiciary to supervise (judicial supervision) the legislative and executive branches when the latter exceed their authority. The doctrine varies between jurisdictions, so the procedure and scope of judicial review may differ between and within countries. The judiciary in United States has been described as having unusually strong powers of judicial review from a comparative perspective. General principles Judicial review can be understood in the context o ...
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Certiorari
In law, ''certiorari'' is a court process to seek judicial review of a decision of a lower court or government agency. ''Certiorari'' comes from the name of a prerogative writ in England, issued by a superior court to direct that the record of the lower court be sent to the superior court for review. Derived from the English common law, ''certiorari'' is prevalent in countries using, or influenced by, the common law''.'' It has evolved in the legal system of each nation, as court decisions and statutory amendments are made. In modern law, ''certiorari'' is recognized in many jurisdictions, including England and Wales (now called a "quashing order"), Canada, India, Ireland, the Philippines and the United States. With the expansion of administrative law in the 19th and 20th centuries, the writ of ''certiorari'' has gained broader use in many countries, to review the decisions of administrative bodies as well as lower courts. Etymology The term ''certiorari'' (US English: ...
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Petition
A petition is a request to do something, most commonly addressed to a government official or public entity. Petitions to a deity are a form of prayer called supplication. In the colloquial sense, a petition is a document addressed to an official and signed by numerous individuals. A petition may be oral rather than written, or may be transmitted via the Internet. Legal ''Petition'' can also be the title of a legal pleading that initiates a legal case. The initial pleading in a civil lawsuit that seeks only money (damages) might be called (in most U.S. courts) a ''complaint''. An initial pleading in a lawsuit that seeks non-monetary or "equitable" relief, such as a request for a writ of ''mandamus'' or ''habeas corpus'', custody of a child, or probate of a will, is instead called a ''petition''. Act on petition is a "summary process" used in probate, ecclesiastical and divorce cases, designed to handle matters which are too complex for simple motion. The parties in a case exch ...
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Appeal
In law, an appeal is the process in which Legal case, cases are reviewed by a higher authority, where parties request a formal change to an official decision. Appeals function both as a process for error correction as well as a process of clarifying and interpreting law. Although appellate courts have existed for thousands of years, common law countries did not incorporate an affirmative right to appeal into their jurisprudence until the 19th century. Terminology American English and British English have diverged significantly on the topic of appellate terminology. American cases go up "on appeal" and one "appeals from" (Intransitive verb, intransitive) or "appeals" (Transitive verb, transitive) an order, award, judgment, or conviction, while decisions of British courts are said to be "under appeal" and one "appeals against" a judgment. An American court disposes of an appeal with words like "judgment affirmed" (the appeal is without merit) or "judgment reversed" (the app ...
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Department Of Homeland Security
The United States Department of Homeland Security (DHS) is the U.S. federal executive department responsible for public security, roughly comparable to the interior, home, or public security ministries in other countries. Its missions involve anti-terrorism, civil defense, immigration and customs, border control, cybersecurity, transportation security, maritime security and sea rescue, and the mitigation of weapons of mass destruction. It began operations on March 1, 2003, after being formed as a result of the Homeland Security Act of 2002, enacted in response to the September 11 attacks. With more than 240,000 employees, DHS is the third-largest Cabinet department, after the departments of Defense and Veterans Affairs. Homeland security policy is coordinated at the White House by the Homeland Security Council. Other agencies with significant homeland security responsibilities include the departments of Health and Human Services, Justice, and Energy. History Cre ...
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Fifth Amendment To The United States Constitution
The Fifth Amendment (Amendment V) to the United States Constitution creates several constitutional rights, limiting governmental powers focusing on United States constitutional criminal procedure, criminal procedures. It was ratified, along with nine other amendments, in 1791 as part of the United States Bill of Rights, Bill of Rights. The Supreme Court of the United States, Supreme Court has extended most, but not all, rights of the Fifth Amendment to the state and local levels. This means that neither the federal, state, nor local governments may deny people rights protected by the Fifth Amendment. The Court furthered most protections of this amendment through the Due Process Clause of the Fourteenth Amendment to the United States Constitution, Fourteenth Amendment. One provision of the Fifth Amendment requires that most felony, felonies be tried only upon indictment#United States, indictment by a Grand juries in the United States, grand jury, which the Court ruled does not app ...
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Immigration And Nationality Act Of 1965
The Immigration and Nationality Act of 1965, also known as the Hart–Celler Act and more recently as the 1965 Immigration Act, was a federal law passed by the 89th United States Congress and signed into law by President Lyndon B. Johnson. The law abolished the National Origins Formula, which had been the basis of U.S. immigration policy since the 1920s. The act formally removed '' de facto'' discrimination against Southern and Eastern Europeans as well as Asians, in addition to other non-Western and Northern European ethnicities from the immigration policy of the United States. The National Origins Formula had been established in the 1920s to preserve American homogeneity by promoting immigration from Western and Northern Europe. During the 1960s, at the height of the civil rights movement, this approach increasingly came under attack for being racially discriminatory. The bill is based on the draft bill sent to the Congress by President John F. Kennedy, who opposed th ...
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Kristi Noem
Kristi Lynn Arnold Noem ( ; née Arnold; born November 30, 1971) is an American politician serving as the 8th United States secretary of homeland security since 2025. A member of the Republican Party, she served from 2019 to 2025 as the 33rd governor of South Dakota and from 2011 to 2019 represented South Dakota's at-large congressional district in the U.S. House of Representatives. Born in Watertown, South Dakota, Noem began her political career in the South Dakota House of Representatives, serving from 2007 to 2011. Noem was elected as the first female governor of South Dakota in 2018 with the endorsement of President Donald Trump. She gained national attention during the COVID-19 pandemic for opposing statewide mask mandates and advocating voluntary measures. Noem has conservative positions on most domestic issues, particularly gun rights. In addition to politics, Noem is a farmer and rancher. She has published two autobiographies, ''Not My First Rodeo: Lessons from t ...
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Attorney General Pam Bondi
Pamela Jo Bondi ( ; born November 17, 1965) is an American attorney, lobbyist, and politician who has served as the 87th United States attorney general since 2025. A member of the Republican Party, she served as the 37th attorney general of Florida from 2011 to 2019, the first woman elected to the office. In 2020, Bondi was one of President Donald Trump's defense lawyers during his first impeachment trial. By 2024, she led the legal arm of the Trump-aligned America First Policy Institute. On November 21, 2024, then-president-elect Trump announced she would be nominated for attorney general after former representative Matt Gaetz withdrew from consideration. She was confirmed in a 54–46 Senate vote on February 4, 2025, and sworn in the next day. Early life and education Pamela Jo Bondi was born on November 17, 1965. Her hometown is Temple Terrace, Florida. Her father, Joseph Bondi, was a city council member and then mayor of Temple Terrace. She is a graduate of C. Leon King H ...
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Injunction
An injunction is an equitable remedy in the form of a special court order compelling a party to do or refrain from doing certain acts. It was developed by the English courts of equity but its origins go back to Roman law and the equitable remedy of the "interdict". "When a court employs the extraordinary remedy of injunction, it directs the conduct of a party, and does so with the backing of its full coercive powers."'' Nken v. Holder''556 U.S. 418, 428 (2009) (citation and internal quotation marks omitted). A party that fails to comply with an injunction faces criminal or civil penalties, including possible monetary sanctions and even imprisonment. They can also be charged with contempt of court. Rationale The injunction is an equitable remedy that was created by the English courts of equity. Like other equitable remedies, it has traditionally been given when a wrong cannot be effectively remedied by an award of money damages. (The doctrine that reflects this is the req ...
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