Friday, June 23, 2017

Court Temporarily Halts Deportation of 100 Iraqi Chaldeans and Minority Muslims

A Michigan federal district court yesterday issued a 14-day stay of the immediate deportation of over 100 Iraqi nationals who were arrested in immigration raids earlier this month.  Many of those arrested were Chaldeans. (See prior posting.)  In Hamama v. Adducci, (ED MI, June 22, 2017), the court described the claims raised:
Petitioners state that because of their having resided in the United States and their status as religious minorities – many are Christian, others are members of oppressed Muslim sects – they are likely to be persecuted, tortured, or killed by members of the Islamic State in Iraq and Syria, the de facto government in many parts of Iraq. 
The government argues that the district court lacks jurisdiction because of the provisions in 8 USC 1252(g).  The court concluded however:
In light of these complex jurisdictional issues, and the speed with which the Government is moving to remove Petitioners, it is necessary to stay Petitioners’ removal pending the Court’s determination regarding its jurisdiction. 
The ACLU issued a press release announcing the court's decision.

UPDATE: In a June 26 opinion, the court expanded its order to cove all Iraqi nationals in the United States subject to final orders of removal, and extended the temporary order to July 10.