Immigration Law

CA2 on Habeas, Suspension Clause, Free Speech - Ragbir v. Homan

Ragbir v. Homan

"Ravidath Ragbir, an alien subject to a final order of removal, together with several immigration‐policy advocacy organizations, appeals from an interlocutory order of the United States District Court for the Southern District of New York (Castel, J.) denying their motion for a preliminary injunction and dismissing certain of their claims.  Plaintiffs‐Appellants sought to enjoin Ragbir’s imminent deportation on the basis of evidence that Government officials targeted him for deportation because of his public speech that was critical of Immigration and Customs Enforcement and U.S. immigration policy.  The district court held that Ragbir failed to state a cognizable claim to the extent that he sought to enjoin his deportation and that 8 U.S.C. § 1252(g) deprives federal courts of jurisdiction over that claim. We conclude that Ragbir states such a claim, that the Suspension Clause of the Constitution requires the availability of a habeas corpus proceeding in light of § 1252(g), and thus, that the district court had jurisdiction over Ragbir’s claim.  Accordingly, we VACATE the district court’s order, and REMAND to the district court for further proceedings consistent with this opinion."