In 2009 ICE and EOIR deported Fred MacDonald, an S13 Canadian Born American Indian. In 2011 ICE admitted it was a mistake, because under INA Sec. 289, 8 C.F.R. 289 and Matter of Yellowquill, 16 I&N Dec. 576 (BIA 1979) S13 American Indians born in Canada are not subject to deportation. In two related federal cases, MacDonald is seeking damages; DOJ has moved to dismiss. [Commentary: DOJ is spending a lot of money defending this case. They could have spent less money properly training the ICE trial attorneys and Immigration Judges. And if you think S13 status and Matter of Yellowquill are mentioned in the 'Fundamentals of Immigration Law' posted on the DOJ's online Immigration Judge Benchbook...you'd be wrong.]
That is freaking AWESOME! As I often say when I make toast and am not electrocuted in doing so, thank the lord for plaintiff's attorneys. Without them we might all face deadly home appliances, industrial tools, and rogue government agents who have way more power than sense. Go get 'em!
Dan, you are so right about the government's failure to adequately train their lawyers and judges. The issue in this case should have been a red flag for any inquiring judge who should have pursued it just because the issue is unique and fun, although not a surprise that it is well established in legal precedent. But a judge who wants to put extra time into such an issue is risking opposition from management just because of the crushing caseload.