QUESTION

I want to sue ICE for unlawful detention is there any attorney that are interested in filing a law suit?

Asked on Dec 17th, 2012 on Personal Injury - Montana
More details to this question:
I got arrested by ICE due to Immigration Judge's order reopening the case. Soon after my arrest, 10 days later, that same judge who reopened my case, vacated that order and instructed ICE counsel to seek a reopening in front of the BIA. About a week later, DHS filed a motion to reopen in front of the BIA, which took close to six months to decide. The final order issued from the BIA was reopening the proceedings. For the period of approximately close to six months I was detained without any charges, court or bond hearings. Only after the six months did the ICE succeeded in reopening my removal proceedings and actually placing me in removal proceedings. For the Period of six months, I wasn't able to contest the removal allegations against me, because prior to successful reopening, there were no formal charges against me. About a month after immigration judge vacated his order to reopen, which authorized my arrest, I filed a motion for immediate release, which was heard by a different judge. That judge told me that he lacked jurisdiction to render any decision in my case because I was not properly placed in removal proceedings. Then I asked if he can at least give me a bond. He stated that he cannot determining whether I qualify for bond because I wasn't formally charged yet. He denied my request for release and bond due to lack of jurisdiction over the matter, because I was not in removal proceedings at the time. I was incarcerated by ICE officials for over 14 months. My detention for the period of six months out of fourteen were clearly unlawful, unauthorized and unconstitutional. I have all the documents to support my contentions.
Report Abuse

3 ANSWERS

Ronald A. Steinberg
Under Michigan law, you cannot sue the government for ordinary negligence. You have to prove either an intentional act, gross negligence, or a civil rights violation. Consult with a lawyer and see if the facts qualify under the exceptions above.
Answered on Dec 26th, 2012 at 1:23 PM

Report Abuse
Insurance Law Attorney serving Gainesville, FL at Steven Kalishman, P.A. Law Offices
Update Your Profile
As you might imagine, other people have also been mistreated by ICE. You may be able to join a class action suit very soon.
Answered on Dec 20th, 2012 at 12:05 AM

Report Abuse
Plaintiff Animal Bites Attorney serving Missoula, MT at Bulman Law Associates PLLC
Update Your Profile
If they reopened the removal proceedings, I think you lose unless you ultimately prevail on the reopening.
Answered on Dec 19th, 2012 at 5:30 AM

Report Abuse

Ask a Lawyer

Consumers can use this platform to pose legal questions to real lawyers and receive free insights.

Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.

0 out of 150 characters