Category: Cancino Castellar v. Kelly

New Case Challenges DHS Delays In Bringing Detainees Before U.S. Immigration Courts!

https://www.lexisnexis.com/legalnewsroom/immigration/b/newsheadlines/archive/2017/03/11/class-action-lawsuit-claims-delays-in-immigration-courts-cancino-castellar-v-kelly.aspx?Redirected=true

From LexisNexis:

“ACLU Files Class Action Lawsuit Against DHS Challenging Months–Long Delays in Bringing Detained Immigrants, Asylum Seekers Before Judges

Thousands Are Incarcerated For Months In Remote Facilities Waiting To See A Judge

“The ACLU of San Diego & Imperial Counties (“San Diego ACLU”), Fish & Richardson P.C., and the Law Offices of Leonard B. Simon P.C. filed a class action lawsuit in federal court yesterday against the U.S. Department of Homeland Security and the Department of Justice. The suit seeks to end the excessive delays depriving civil immigration detainees of due process and prompt judicial review.

Every day, immigration agencies incarcerate tens of thousands of longtime U.S. residents, victims of persecution, and others in remote detention centers, ripped from their families and without access to legal support. None are serving time for a crime – and no judge has determined that there is probable cause to detain them – yet they are held in these deplorable detention facilities while they pursue legal avenues to remain in the U.S.

In San Diego and Imperial Counties, these detainees can languish for months before they are brought before a judge just to begin their case and learn for the first time why they are being incarcerated, what they can do to help present their case, or whether they can take steps to seek their release and get back to their loved ones.”

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The system is already badly broken. And the Trump Administration’s poorly-conceived plans to enforce and detain to the max are just going to make it worse. Likely that cases such as this, combined with arrogance and poor judgement by the Administration, eventually are going to result in Federal Court supervision of virtually every aspect of immigration hearing process. The case is Cancino Castellar v. Kelly.  Keep an eye on it!

PWS

 

 

Related posts:

  1. VICTORY ON THE WESTERN FRONT: “Western Brigade Of The NDPA” (A/K/A Pangea Legal Services) wins Key Bond Battle! — “An immigration court should not serve to merely justify an immigrant’s deportation, but rather it should be there to serve justice. . . . We hope Floricel’s case serves as a lesson for all immigration judges across the United States.” 
  2. WE KNOW THAT SESSIONS, WHITAKER, & BARR HAVE TURNED THE DOJ INTO A LEGAL, MORAL, PROFESSIONAL, & ETHICAL CESSPOOL — Some Federal Judges Are Beginning To Take Notice: “To say the least, it is disappointing that [DOJ] counsel, after consulting with other counsel including ‘prosecutors and appellate attorneys’ in this District’s United States Attorney’s office, submitted a legal memorandum to the Court that failed to acknowledge contrary case law that did not support its position.”
  3. VIEWS YOU CAN USE: SOPHIA GENOVESE SETS FORTH A BLUEPRINT FOR LEGAL RESISTANCE TO WHITE NATIONALIST XENOPHOBIA & SESSIONS’S ASSAULT ON HUMAN RIGHTS & THE RULE OF LAW FOR ASYLUM SEEKERS!
  4. DUE PROCESS UPDATE: COULD ACCOUNTABILITY FOR CONSTITUTIONAL SCOFFLAWS SESSIONS & NIELSEN BE ON THE HORIZON? – US District Judge Finds “At a minimum, the facts alleged are sufficient to show the government conduct at issue “shocks the conscience” and violates Plaintiffs’ constitutional right to family integrity. Accordingly, Defendants’ motion to dismiss Plaintiffs’ due process claim is denied.”