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Permanent residents are entitled to due process

A federal judge ordered the release of a permanent resident after 18 months of detention. He has been cleared of all charges. The 34-year-old man was accused of lying about once being part of an elite squad of the Iraqi military under Saddam Hussein as well as his online presence where he posed with guns and other images of ISIS military caravans. 

After immigrating in 2014, the man was initially arrested May of 2017 in Minnesota on a sexual assault charge. He was subsequently cleared of this charge, but the FBI determined in June and August that he was a security threat and notified immigration officials. The man was then held until now.

Fighting back

The man with help from the Minnesota ACLU sued the U.S. Justice Department for his release in September of 2018, arguing that he had broke no laws and had not received due process. As a lawful permanent resident, the man has a constitutional right to due process, which certainly should have occurred much sooner than the open-ended 18 month detention. A federal judge agreed and ordered the man’s release, ruling was based on the fact that the government failed to prove that the man was a threat.

Legal support is available

This story that made the news is yet another example of the federal government’s willingness to lock people up first and ask questions later. Then officials simply detain immigrants for lengthy periods if officials do not like the answers they get. Fortunately, legal support and a fair-minded judge enabled the man to get the justice he deserves. Like everyone else, permanent residents are innocent until proven guilty.

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  • American Immigration Lawyers Association
  • State Bar of California | California Board of Legal Specialization
  • Avvo
  • Orange County Bar Association
  • Irvine Chamber