'This omission is fatal': Judge tears into ICE for detaining man who cannot even be deported due to special visa
'This omission is fatal': Judge tears into ICE for detaining man who cannot even be deported due to special visa
Judge slams ICE for detaining man ineligible for deportation, chides DOJ for bad arguments
"The Court can only conclude that his detention is arbitrary and thus unlawful. The remedy for such an unlawful detention is immediate release."
cross-posted from: https://infosec.pub/post/45407468
In the present case, the petitioner, Alejandro Osvaldo Ghysels Reales, won habeas corpus relief by convincing U.S. District Judge Kyle Dudek, who was appointed by Trump last year, that his detention is unlawful.
"When the government detains a noncitizen pending immigration proceedings, it must have a legitimate, non-punitive reason for doing so," Dudek begins in a tone that quickly becomes ominous for the government. "Typically, the reason is straightforward: the government detains a noncitizen to ensure he is available for removal. But that justification rests on a critical premise—that the government actually can remove him. Here, it cannot."