On May 10, 2012, a group of non-citizens detained in New Jersey immigrant detention facilities filed suit in the U.S. District Court for the District of New Jersey against the U.S. Department of Homeland Security and it component, U.S. Immigration and Customs Enforcement. Represented by the ACLU Immigrant's Rights Project, Plaintiffs petitioned for a writ of habeas corpus, claiming that their continued detention despite strong claims against deportability was a violation of their Fifth Amendment right to due process, and a misapplication of the Immigration and Nationality Act (INA). Plaintiffs sought declaratory relief and injunctive relief, ordering Defendants to demonstrate a prima facie case of deportability or inadmissibility as justification for mandatory detention.

Specifically, Plaintiff Gayle claimed that his detention was a violation of the INA because he was arrested and detained by ICE five years after being released from state custody. Plaintiff Gayle claimed that this conflicted with the language of the INA, which required detention of an alien "when the alien is released" from state custody due to a criminal offense.

On November 15, 2012, Plaintiffs filed a motion to certify their class. The class was described as "All individuals in New Jersey who are and will be detained pursuant to the Immigration and Nationality Act (8 U.S.C. 1226(c))." The motion for class certification was not acted upon.

On March 15, 2013, the District Court (Judge Freda L. Wolfson) issued an order granting Plaintiff Gayle a writ of habeas corpus. 2013 WL 1090993. Judge Wolfson ruled that Defendants must hold a bond hearing to determine Plaintiff Gayle's flight risk and danger to the community within ten days of the order. This terminated the case.

Dan Osher - 03/24/2013


compress summary