LexisNexis® Legal Newsroom
Habeas Petition Filed for Refugee Mom, Child Held by ICE in Dilley, Texas: Gutierrez-Cruz v. Lucero

"For more than six months, immigration authorities have imprisoned Petitioner Lolian Celina Gutierrez Cruz ("Ms. Gutierrez") and her six year-old daughter, Maria, in unlicensed, for-profit family detention facilities in South Texas. The federal government's prolonged, unjustifiable...

Prelim. Injunction Issued in Detention Lawsuit Against ICE: Doan v. Bergeron

Doan v. Bergeron, Dec. 31, 2015 - "Kim Anh Thi Doan’s First Amended Complaint [#77] asserts that she is being unlawfully detained in Immigration and Customs Enforcement (“ICE”) custody. First Am. Compl., Count I. Presently before the court is her Motion for Preliminary Injunction...

Class Action Habeas Challenges Detention of Immigrants: Muzaliwa v. Brott

ACLU, April 12, 2016 - "The American Civil Liberties Union of Minnesota, the University of Minnesota Law School's Center for New Americans, and Dorsey & Whitney filed a class action lawsuit challenging the U.S. Immigration and Customs Enforcement (ICE) practice of continuing to detain immigrants...

Mandatory Detention Habeas Victory in Utah: The Chairez-Castrejon Saga Takes a New Turn

Chairez-Castrejon v. Bible, May 19, 2016 - "Although Mr. Chairez advocates for the use of the Second and Ninth Circuits’ bright-line rule, he argues that under either approach, he is entitled to a bond hearing because his detention has been unreasonably prolonged. Given the absence of controlling...

CA11 on Mandatory Detention, Bond, Habeas: Sopo v. U.S. Atty. Gen.

Sopo v. U.S. Attorney General, June 15, 2016 - "We recount Sopo’s: (1) personal background; (2) protracted removal proceedings; and (3) federal habeas case. We then discuss (4) the federal statutory framework governing the civil detention of criminal aliens and (5) Supreme Court decisions...

Habeas Victory in New York: Guerra v. Shanahan

Guerra v. Shanahan , July 29, 2016 - "Appeal from a judgment of the United States District Court for the Southern District of New York (Wood, J.) granting Petitioner‐Appellee Deyli Noe Guerra’s petition for a writ of habeas corpus and ordering a bond hearing before an immigration judge. Respondents...

CA3 on Habeas, Suspension Clause: Castro v. DHS

Castro v. DHS, Aug. 29, 2016 - "We hold that, at least as applied to Petitioners and other similarly situated aliens, § 1252 does not violate the Suspension Clause. Consequently, we will affirm the District Court’s order dismissing Petitioners’ habeas petitions for lack of subject...

CA3 Habeas Decision 'Simply Nuts' - Steve Vladeck

Steve Vladeck, Aug. 29, 2016 - " In a breathtaking 80-page opinion handed down today in Castro v. U.S. Dep’t of Homeland Security , a unanimous panel of the Third Circuit has held that the Suspension Clause does not protect non-citizens physically (but not lawfully) present within the United...

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...

Fewer Rights in Pennsylvania than Guantanamo: Some Reactions to Castro v. DHS - David Isaacson

David Isaacson, Sept. 13, 2016 - " On August 29, 2016, the Court of Appeals for the Third Circuit issued its decision in Castro v. Dept. of Homeland Security , a consolidated set of habeas corpus petitions brought by asylum-seekers subject to expedited removal orders and detained within the Eastern...

Habeas Victory in Virginia: Haughton v. Crawford

Rob Robertson writes : "This case is one where the Respondent won at the IJ level, and DHS appealed to the BIA. Tim Davis in Baltimore wrote the petition, and I got to argue it. It’s a great victory! Look in the opinion , where Judge Brinkema questions Demore in light of the Solicitor General’s...

Habeas Petition Filed for Jailed Asylum Applicant - Acosta Sarmiento v. Ramos

NOWCRJ, Oct. 11, 2016 - "On Tuesday, October 11, 2016, the New Orleans Workers’ Center for Racial Justice (NOWCRJ) filed a groundbreaking habeas corpus lawsuit (PDF) against Immigration and Customs Enforcement (ICE) to free Daniel Acosta Sarmiento, a petitioner who is seeking to remain in...

Habeas Victory Against ORR: Beltrán v. Cardall

Beltrán v. Cardall, Case 1:15-cv-00745-JCC-JFA, E.D. Va., Alexandria Div., Nov. 22, 2016 - "In December of 2013, U.S. Customs and Border Protection agents detained RMB – a minor – and designated him an “unaccompanied alien child.” RMB was subsequently transferred to...

Trump Sued as Refugees are Detained at Airports

Here's a link to the lawsuit . News here , here , here and here . P.S., Friday's executive order is illegal .

Federal Court Stays Trump Muslim Ban

Washington Post, Jan. 28, 2017 - "Judge Ann Donnelly of the US District Court in Brooklyn granted a request from the ACLU to stay deportations of those detained on entry to the United States following President Trump's executive order. After a brief hearing in front of a small audience that...

DACAmented Youth in Seattle Arrested by ICE, Files Habeas Petition (Updated Feb. 15, 2017)

Daniel Levine and Kristina Cooke, Reuters, Feb. 14, 2017 - "U.S. authorities have arrested an immigrant from Mexico who was brought to the United States illegally as a child and later given a work permit during the Obama administration in what could be the first detention of its kind under President...

Suits Challenging Confinement of Noncitizens Jump (TRAC, Feb. 21, 2017)

TRAC, Feb. 21, 2017 - "Habeas corpus filings in federal courts challenging the confinement of noncitizens have risen sharply. The latest available data from the federal courts show that during January 2017 the government reported 168 new habeas corpus civil filings by noncitizens. According to the...

Florida Judge Shoots Down Miami-Dade ICE Detainer Detention Policy: Lacroix v. Junior

David Ovalle, Miami Herald, Mar. 3, 2017 - "Miami-Dade County – faced with threats by President Trump to cut off federal funding – violated the U.S. Constitution when it agreed to jail people slated for deportation, a judge ruled on Friday . The judge’s ruling was a rebuke of Miami...

An Afghan Family, With Visas in Hand, Is Detained in Los Angeles

Nicholas Kulish, New York Times, Mar. 4, 2017 - "An Afghan family of five that had received approval to move to the United States based on the father’s work for the American government has been detained for more than two days after flying into Los Angeles International Airport, a legal advocacy...

Cert. Denied in Castro v. DHS (CA3)

Issues: (1) Whether the U.S. Court of Appeals for the 3rd Circuit erred in holding that the petitioners are not entitled to judicial review of their statutory, regulatory and constitutional claims, even by habeas corpus, and are “prohibited from invoking the protections of the suspension clause"...

Suspension Clause Habeas Victory in Detroit: Hamama v. Adducci

Hamama v. Adducci, July 11, 2017 - "This case pits the power of Congress to control the jurisdiction of the federal courts against the Constitution’s command that the writ of habeas corpus must be preserved. Both sides in this clash are right, in part. The Government is correct that Congress...

Another Victory in Detroit Suspension Clause Habeas; Prelim. Injunction Granted in Hamama v. Adducci

Hamama v. Adducci, July 24, 2017 - "In their motion for a preliminary injunction, Petitioners ask this Court to halt temporarily their deportation to Iraq, until they can make their case in the immigration courts that their removal is legally prohibited. The grounds that they will urge in those...

Habeas Victory in MN: Nhean v. Brott

ACLU, Aug. 8, 2017 - "After years of being in jeopardy of deportation and spending a total of 484 days in jail, Sameth Nhean has finally been released from custody by a federal judge . The American Civil Liberties Union of Minnesota and his immigration attorney, Danielle Robinson Briand, have been...

Habeas (Zadvydas) Victory in Massachusetts - Kenneh v. Tompkins

Kenneh v. Tompkins, Aug. 9, 2017 - "Petitioner, having been in ICE custody for three months before his removal order became final, has now been held an additional thirteen months after his removal order became final. ... Having been led astray by Deportation Officer Scarberry’s assurances...

And Then They Came for the Citizens...

Cameron Langford, Courthouse News, Aug. 11, 2017 - "A native-born U.S. citizen was sent to a Texas immigration prison this week after a daylong interrogation because he was delivered by a midwife and immigration agents didn’t believe his birth certificate. Agents also seized Juan Carlos...