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Immigration Law

Habeas Victory in Florida: Khan v. Whiddon

On Sept. 7, 2016, Sui Chung writes: "This morning, in Khan v. Whiddon et al., the Middle District of Florida granted a habeas corpus petition pursuant to Sopo v. U.S. Attorney General, 825 F.3d 1199 (11th Cir. 2016), for detainee of 4.5 years.  The court held that despite multiple continuances based on a pending U-visa application with USCIS and an appeal of the removal proceedings, these legal remedies were not sought by Petitioner for the purposes of delay.  The court ordered a bond hearing within 30 days of the order, and a report within 10 days of compliance with the order.  Interesting and useful language includes reference to other cases where detention became unconstitutionally prolonged.  Note, although the judge rejected the “when released” (Matter of Rojas) argument, i.e. that the detention was not mandatory where it did not start immediately upon release from criminal custody, the Court did NOT distinguish Khoury v. Asher, the positive decision the Ninth Circuit in August."   [Michael Vastine is co-counsel; hats off to both!]