Posted on December 24, 2018 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
In compliance with congressional requirements described in the FY2018 DHS Appropriations Bill, ICE has provided reports regarding in-custody detainee deaths beginning in FY2018. According to a report by Human Rights Watch, the ACLU, the National Immigrant Justice Center, and Detention Watch Network, “More people died in immigration detention in fiscal year 2017 than any year since 2009” and immigration detainee deaths are “linked to dangerously inadequate medical care.”
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Posted on April 16, 2018 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The Southern Poverty Law Center (SPLC) filed a lawsuit last week in federal district court challenging immigration detainees’ lack of access to counsel in the LaSalle, Irwin, and Stewart detention centers.
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Posted on December 21, 2016 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The U.S. District Court for the District of Arizona issued an order finding that CBP is violating the constitutional rights of immigration detainees by holding them in conditions of confinement that fail to meet their basic human needs, and directing CBP to take certain steps to improve conditions in those facilities, known as hieleras. The injunction stems from a class action lawsuit filed in June 2015 by a group of immigration detainees who alleged that they were subjected to inhumane and punitive conditions during their confinement in Tucson Sector CBP holding facilities.
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Posted on December 2, 2016 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
This U.S. News and World Report article reports that the U.S. Supreme Court will hear arguments on Wednesday over whether immigrants facing deportation can be detained indefinitely for months or even years without a hearing. The case, Jennings v. Rodriguez, could have broad implications for President-elect Donald Trump’s proposals to step up immigration enforcement and ramp up deportations. If the respondents prevail, the Supreme Court could require mandatory bond hearings for detained immigrants nationwide. If the government wins, however, tens of thousands of people could be exposed to potentially indefinite periods of immigration detention.
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Posted on September 19, 2016 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
An equally divided en banc First Circuit affirmed the U.S. District Court for the District of Massachusetts, holding that the bar to bonded release found in the detention mandate in INA §236(c) applies only to those specified criminal undocumented immigrants whom the Attorney General took into custody when they were released from criminal custody. The court concluded that the two petitioners were not taken into immigration custody when they were released from criminal custody, because they had been released from criminal custody years before their immigration custody began. As a result, the court found that the detention mandate did not bar either petitioner from seeking release on bond pursuant to the Attorney General’s discretionary release authority.
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Posted on November 3, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The government to comply with U.S. District Judge Dolly Gee’s July 24, 2015, ruling concerning the inhumane detention of mothers and children fleeing violence and persecution. In a press release, the CARA Family Detention Pro Bono Projectnoted the government’s noncompliance with the ruling, and called on the government to “immediately cease [the] abhorrent practice” of family detention. The CARA Project also provided a fact sheet on the Flores litigation, covering key points from Judge Gee’s ruling, and discussing what is likely to happen next in the case.
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Posted on September 9, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
$10,000 bond granted for client whose case was recently denied by the Immigration Judge and who has a 2013 conviction for trafficking 50-100 kilos of cocaine.
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Posted on August 31, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
On Friday, August 21, 2015, U.S. District Judge Dolly Gee issued an order in Flores v. Johnson, ruling that children should generally be released from family detention within five days—preferably to a parent, including a parent with whom they were apprehended. The government must implement the court’s ruling by October 23, 2015.
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Posted on July 6, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
Posted on January 5, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
As reported by the Arizona Daily Star, ICE officials have stated that more than 200 individuals have been released from immigration custody in Arizona in the last month following the announcement on DHS’s new enforcement priorities, and that as of December 27, 2014, ICE has released 618 individuals nationwide, including detainees who appear to qualify for DACA or DAPA.
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