Class Action Litigation - Challenging ICE's Prolonged Detention of Noncitizens who Win Withholding of Removal 

Sanchez-Acosta v. Sessions July 26, 2018

The Capital Area Immigrants’ Rights (CAIR) Coalition, Legal Aid Justice Center, and Muslim Advocates have filed a class-action lawsuit on Friday to challenge a new and fundamentally unfair policy that keeps immigrants detained after they win their cases, violating the basic tenets of due process.

Previously, when detained immigrants won their cases seeking withholding of removal, Immigrations and Customs Enforcement (ICE) would generally release them right away, barring some specific reason otherwise.  Now, ICE’s new policy is to hold all such immigrants behind bars and keep them apart from their families for an additional 90 days, for no good reason. Withholding of removal, similar to asylum, is a protection granted by an immigration judge to people who have successfully proven they will be persecuted or killed if returned to their home country.

Case developments:

Complaint (Click Here for a Full Copy)

Brief in Support of Motion for Class Certification (Click Here for a Full Copy)

Press Release (Click Here)

Class Action Litigation - Due Process for Detained Immigrants Seeking Bond

Palacios v. Sessions, January 17, 2018

CAIR Coalition, the American Immigration Council, and Cauley Forsythe Law Group filed a class action lawsuit in the U.S. District Court for the Western District of North Carolina challenging the practice of three Immigration Judges in the Charlotte Immigration Court who illegally refuse to conduct bond hearings for detained immigrants, as well as the failure of the Department of Justice’s Executive Office for Immigration Review to take corrective action. The Charlotte immigration judges' refusal to conduct bond hearings—even though they are required to do so—unconstitutionally prolongs the detention of bond-eligible individuals for several weeks.

The suit challenges this unlawful, alarming, and unconscionable practice that deprives immigrants of their basic due process rights. The class action lawsuit was filed on behalf of individuals in immigration custody in North Carolina or South Carolina who properly file or will file requests for bond hearings with the Charlotte Immigration Court, and have been or will be deprived of consideration of the bond motion in Charlotte.

Case developments:

Complaint (Click Here for a Full Copy)

Brief in Support of Motion for Class Certification (Click Here for a Full Copy)

Press Release (Click Here)