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Judge Rules ICE ‘Coerced’ [Immigrant] To Sign Deportation Papers - lemmy.4d2.org
lemmy.4d2.org> A federal judge has ordered the release of a 20-year-old Tongan man who was
legally admitted to the United States and found that Immigration and Customs
Enforcement [https://www.newsweek.com/topic/immigration-and-customs-enforcement]
(ICE [https://www.newsweek.com/topic/ice]) agents “coerced” him into signing a
document that the government later claimed waived his rights to challenge
deportation. > > In a 3-page order issued Tuesday, U.S. District Judge Noël Wise
of the Northern District of California
[https://www.newsweek.com/topic/california] ruled that ICE coerced Cornelius
Kaihau Holani—a 20-year-old citizen of New Zealand of Tongan ethnicity with no
criminal record or prior immigration
[https://www.newsweek.com/topic/immigration] enforcement history—into signing a
document after detaining him at Oakland International Airport and transporting
him to an ICE office in San Francisco. > > The ruling is a blow to the Trump
administration’s deportation system,
[https://www.newsweek.com/judge-orders-dhs-return-migrant-deported-honduras-12248051]
with the court finding that federal immigration officials likely violated basic
due process protections. > > … > > The government later relied on the document
to argue that Holani had waived his right to contest removal from the United
States or seek adjustment of status, according to the ruling. > > … > > Judge
Wise, a Biden appointee, said ICE officers detained Holani on July 31 as he
waited to board a domestic flight from Oakland to Seattle. Court records say
that four plainclothes agents approached him, handcuffed him and transported him
to an ICE office at 630 Sansome Street in San Francisco. > > Once there, Holani
was presented with a document and instructed to sign it, according to the order.
When he asked whether it was related to deportation, an officer allegedly told
him, “No, it’s nothing like that.” Wise wrote that Holani signed the document
without knowing its contents and that the government now cites it as evidence
that he relinquished his ability to challenge removal from the country. > > Wise
found that Holani had demonstrated a strong likelihood that he was entitled to a
hearing before an immigration judge before being detained. The judge also
concluded that continued detention would cause “irreparable harm” and that the
balance of equities favored the man. > > Federal courts have repeatedly gone
toe-to-toe and squared off with the Trump administration’s lawyers
[https://www.newsweek.com/ice-suffers-double-legal-blow-within-hours-11610938]
at the Justice Department over the scope of ICE’s enforcement powers
[https://www.newsweek.com/judge-rules-against-ice-migrant-stopped-self-deporting-12233109],
and judges in a series of cases have sought to rein in actions they found may
have violated due process protections. > > The administration and DHS officials,
meanwhile, have frequently pushed back against adverse rulings, accusing judges
who block immigration actions of being “activist judges” and improperly
interfering with the administration’s enforcement agenda. > > The court ordered
the government to return Holani to the Northern District of California and
release him from custody by 11 p.m. Pacific Time on August 4. Wise also barred
federal authorities from re-detaining or removing him from the United States
until the court holds a hearing or the government provides him with a hearing. >
> The government was directed to file a status report confirming Holani’s
release by August 5 and to respond to his filing later the same day. A hearing
is scheduled for August 13.
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