Case Conclusion Date: 05.18.2010
Practice Area: Immigration
Outcome: Client released from ICE custody and given 4 work permits despite valid order of removal.
Description: Client entered the U.S. illegally from Latin America, was caught at the border and allowed to go live with his mother. The Immigration Judge in Atlanta gave him 120 days to leave the country voluntarily in 2005, which became a deportation order when he did not leave. Client's family came to me in 2010 to seek my assistance to allow client to finish high school because client was arrested by Cobb County Police for a minor traffic violation. I wrote an "exhaustion of administrative remedies" letter asking that he be released from DHS' custody only to finish high school. In the "exhaustion of administrative remedies" letter I threatened habeas corpus case in Federal Court if ICE would not comply. As usual, ICE ignored the letter. Family then hired me on a Friday morning to file a writ of Habeas Corpus, challenging the legality of the stop of the vehicle which led to client's detention in the Stewart Detention Center by ICE. I alleged racial profiling based on 2 facts that were presented to me. Upon filing a hasty Habeas Corpus petition, Federal judge agreed that the stop may have been tainted by racial profiling and immediately halted deportation less than 2 hours before client's scheduled deportation flight. After granting habeas petition, Federal judge ordered a hearing on racial profiling facts but U.S. Attorney instead filed a motion to dismiss . The Obama Administration eventually intervened in the litigation, released him from the detention center, and gave him a 1 year work permit. Client has since received 2 more work permits under the precursor to Deferred Action for Childhood Arrivals ("DACA"). Client now enjoys the privilege to stay in the U.S. with a work permit under the formal DACA program for 2 more years.