The court found a likelihood of success on the procedural due process claim where the plaintiff’s scheduled reasonable fear interview was cancelled, the defendants declined to reschedule it, and he was being prepared for transport to Eswatini, a country where he had submitted evidence that as a gay man he faced a risk of persecution. It restrained any step toward removing him to Eswatini until further order.
Caution Unpublished slip copy. An ex parte temporary restraining order, granted in part and deferred in part: the request to compel a reasonable fear interview was deferred to a preliminary injunction hearing set for 20 July 2026, whose outcome is not in this document. The allegations of the verified complaint were taken as true for the purposes of the order. A parallel habeas proceeding exists in which an order requiring release is described as now vacated.
Third-country designation Reasonable fear CAT Due process Withholding of removal
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