Medina Update

Date: 2017-03-15 03:56 pm (UTC)
executrix: (Default)
From: [personal profile] executrix
Alejandro Lazo reported in the Wall Street Journal on March 14* that the federal magistrate judge James Donohue in Seattle ruled on the 14th that Medina (and, by extension, other Dreamers) can challenge his detention in federal court. The government wanted to dismiss the case on the grounds that only the immigration court, not federal civil courts in general, could hear the challenge. Donohue said that claims of unconstitutional conduct before removing someone from the US can go to federal court. However, he would not grant a writ of habeas corpus to release Medina from detention, finding that habeas has limited application in immigration cases. The case goes next to a federal district judge. The Department of Justice has until March 28 to respond to Donohue's ruling.

The article says there are about 750,000 Dreamers.

Theodore J. Boutros, one of Medina's attorneys, said that Donohue's ruling is "a signal to ICE agents and immigration authorities that the courts are wathcing them--that the courts will step in and protect DACA recipients."


*not linked because of pay wall--the title of the article is "Arrested "Dreamer" Can Challenge His Detention in Federal Court, Judge Says" in case you can get it via Google.
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