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David Simon (class '08'), a student in the
Immigrant Workers Clinic, gained a victory last week when
Immigration and Customs Enforcement (ICE) released his client from
an unlawful detention at the Elizabeth Detention Center. The client
is a Palestinian man from Gaza who lawfully entered the United
States in 1998 but was ordered deported in 2005. He voluntarily
surrendered to ICE last November for his deportation but given the
quarantine of Gaza, he was not deported and instead has been held in
custody ever since.
Pursuant to a 2001 Supreme Court decision, six months is a
presumptively reasonable time for the government to hold deportees
pending their removal. Detention beyond six months is unlawful
unless the government can show that removal is reasonably
foreseeable. By contacting the Egyptian, Jordanian, Palestinian, and
Israeli missions in the United States, David was able to document
that it is impossible to remove anyone to Gaza at this time. Last
week, David prepared and submitted a detailed request to ICE for the
release of our client. Two days after receiving David's request, ICE
granted the petition.
Congratulations to David and his supervisor Professor Bryan Lonegan
for their work! |
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Professor Bryan Lonegan
Visiting Professor
Immigrant Worker's Rights Clinic |
