Immigration Law

Zadvydas Habeas Victory in Pa. - Woods v. Sabol

Raymond Lahoud writes: "Attached is a decision rendered [by] the MDPA. The habeas petition was filed on 06/01/14, briefing was expedited and the gov't responded on Friday (06/06/2014) and the Judge granted the habeas today. He has been an LPR since 1991 (came in when he was 13).  He is now 37 years old, is married to a USC, owns a home, works (well, did, until they took him into custody).  They have moved him around the country recently and have put a ton of pressure on him to sign a document, or tell the embassy something.  As background, his criminal record is only three issues, with the last one in 2007 (a forged instrument charge in Jersey) and he has two issues that date back to the 90s.  He was picked up in Easton in August of 2013 and did not fight his removal at all and waived his appeal to the BIA. ICE has kept him in custody since.  I had initially filed a Motion for a TRO because ICE kept moving Petitioner back and forth to Louisiana and there was concern that ICE would move him around the country and complicate things more.  The Judge called an on the record conference and, while he did not grant the TRO, he made it clear on the record that he "would not take it lightly if Petitioner is moved to a different ICE facility prior to a decision."  Also, his custody reviews were "rubber stamp" decisions and -- ICE forgot to conduct one and conducted it the day before the response was filed to the habeas (obviously, they denied his release with that "rubber stamp" review).  In any event - the court rendered the decision in a matter of days.  Right now - the consulate does not want the petitioner back.  They do not want him and will not issue any documents." - Woods v. Sabol, June 9, 2014.