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Immigration Law

Court Finds Habeas Jurisdiction for Detained SIJ: Joshua M. v. Barr

Joshua M. v. Barr

"Petitioner Joshua M., a native of Honduras to whom the United States has granted Special Immigrant Juvenile status, has filed a 28 U.S.C. § 2241 habeas petition challenging his removal order and pending deportation. His petition implicates the cross-section between the Executive, Legislative, and Judicial branches, and raises questions regarding how the judicial branch may proceed when the executive branch has detained and ordered removed a person that has received a special legal status in accordance with statutes that the legislative branch enacted. Ultimately, Joshua’s success in prevailing against this motion to dismiss turns on his singular (and rarely evaluated by courts) immigration status: he is a Special Immigrant Juvenile. To explain this Court’s resolution, this memorandum opinion considers various statutory frameworks set forth in the Immigration and Nationality Act together with complex questions of constitutional law. * * * * For the reasons articulated below, the Court finds that it has jurisdiction and will deny the Motion to Dismiss."

[Hats way off to Gregory Copeland, Sarah Gillman and team!]