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Habeas Corpus Victory in the Southern District of New York on all three arguments presented.

Figueroa v. Aviles.  The Department of Homeland Security detained Carlos Figueroa who has lived in the United States for many years.   DHS refused to release  him and held that he was subject to mandatory detention.  It sounds inconceivable that Mr. Figueroa is a flight risk to the extent that no bail can secure his release […]

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Judge Scheindlin writes a watershed decision in favor of detained immigrants:Martinez-Done vs. McConnell

Diomedes Martinez was detained by Immigration and Customs Enforcement (ICE) nearly ten years after he served his sentence for drug possession in the fourth degree. The federal government argued that Mr. Martinez should be deported and remain in jail without bail for the entire deportation proceeding. Paul Grotas filed a writ of habeas corpus on […]

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Is an Immigrant in Reinstatement of Removal Proceedings Subject to Mandatory Detention?

Flores Guerrero v. Aviles Nery Flores Guerrero was seeking a form of relief called withholding of removal. Immigration and Customs Enforcement (ICE) said that he could be released from jail while a determination was made as to whether he would be deported or granted withholding of removal. Guerrero is a citizen of Honduras.   In November […]

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Judge Sullivan Grants a Petition for Writ of Habeas Corpus and Builds on Judge Engelmayer’s decision in Strayker v. Jones

Luis Escrogin Lugo v. Aviles Luis Hugo Escrogin was arrested by Immigration and Customs Enforcement (ICE) and the Immigration Judge held that he could not release him from jail. Mr. Escrogin has been a green card holder since 1997, and has resided in the Bronx, NY.  Despite his numerous health ailments, ICE refused to release […]

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The First District Court Decision Interpreting Chavez-Alvarez

Pichardo v. Aviles The Department of Homeland Security (“DHS”) detained Jose Pichardo, a lawful permanent resident, who was living in the United States since his initial entry in 1981.  He has lived in New York City with his U.S. citizen children and extended family for over thirty years.  DHS refused to release Mr. Pichardo and […]

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The Department of Homeland Security can not Incarcerate an Immigrant for More Than One Year without a Bond Hearing

Minto v. Decker Dwayne Minto was in immigration jail for over one year because of two old marijuana convictions and a simple assault conviction for which he was not sentenced to any jail time.  The Department of Homeland Security refused to release him and held that he was subject to mandatory detention.  Why would the […]

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A Solution to the Prolonged Detention of Immigrants with Cases at 201 Varick Street:Young v. Aviles

Young v. Aviles Albert Young has been detained by the Department of Homeland Security for more than eleven (11) months. For many years there were three (3) immigration judges presiding over immigration proceedings at 201 Varick Street. In May of 2015, the Honorable Alan Page retired after serving before the Executive Office of Immigration Review […]

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