"I got a man out of immigration detention last week. Four days, start to finish. Filed a habeas corpus petition on a Thursday night, and by Monday a federal judge had ordered his immediate release. He walked out of the Orange County Jail in Goshen, New York, at 4:09 on Tuesday afternoon. He had been locked up since New Year's Day. All he needed was for someone to show up and assert his constitutional rights."
"The reason my client's case moved so fast is that we drew a judge who had already ruled on the exact same legal question: whether Immigration and Customs Enforcement can detain a person under a mandatory detention statute that Congress never intended to apply to people already living in the United States. The government's lawyers knew it and conceded that they could not distinguish our case from the judge's prior ruling."
"I represent another man in the same courthouse. Also from El Salvador. Also detained at the Orange County Jail. ICE arrested him at his own green-card interview. He walked into a scheduled appointment at the immigration office in Holtsville, New York, cooperating with the system exactly as the system asked him, and they took him into custody on the spot."
A 22-year-old man was released from immigration detention after nearly four months due to a habeas corpus petition filed by his attorney. The federal judge ruled in his favor, citing a previous ruling on a similar legal question regarding mandatory detention statutes. In contrast, another client from El Salvador remains detained despite a similar legal situation, illustrating inconsistencies in the judicial process and the impact of different judges on immigration cases. The law supports individuals' rights, but timely legal intervention is crucial for justice.
Read at Slate Magazine
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