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Due Process Victory: Hassoun v. Searls

December 14, 2019 (1 min read)

Hassoun v. Searls

"[T]he Court finds that 8 C.F.R. § 241.14(d) is not a permissible reading of § 1231(a)(6), and that it is accordingly a legal nullity that cannot authorize the ongoing, potentially indefinite detention of Petitioner. ... The Court further finds that an evidentiary hearing is necessary before it can determine the lawfulness of Petitioner's continued detention under 8 U.S.C. § 1226a."

Note also the roasting, on page 11, of DOJ lawyers for failure to do basic 1L legal research: "To say the least, it is disappointing that Respondent's counsel, after consulting with other counsel including "prosecutors and appellate attorneys" in this District's United States Attorney's office, submitted a legal memorandum to the Court that failed to acknowledge contrary case law that did not support its position."