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Immigration Law

Habeas Victory in Maryland: Siahaan v. Madrigal

Siahaan v. Madrigal

"Siahaan did not commit a crime, nor did he cross the border illegally. He has lived here peacefully and productively for thirty years and is neither a flight risk nor a danger to the community. But ICE still wants to deport him immediately, without allowing him to complete his statutory right to obtain a ruling on his pending motions before the BIA, thereby impeding his ability to vindicate these statutory rights. There is no conceivable measure of equity or public interest that tips in the Government’s favor here. Accordingly, ICE is enjoined from removing Siahaan until he has completed his pending motion to reopen before the BIA and any appeal he chooses to pursue in the Fourth Circuit. ICE is further ordered to return Siahaan to a Maryland detention facility, where he will remain detained unless an ICE Order of Supervision or further Order of this Court authorizes release."

[Hats off to Patrick Taurel and Elsy Ramos Velasquez!]