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Reyes-Herrera v. Flaitz, 6:19-cv-06257-EAW-MJP (Western District of New York)

IRC represents Macario Reyes-Herrera, a former long-time resident of the United States, in a lawsuit against the NYS state troopers who turned him over to border patrol and caused his subsequent deportation. After failing to succeed in their claim of qualified immunity on summary judgment, the Defendants offered a generous settlement to avoid going to trial. Qualified immunity has received national attention of late as a doctrine that has allowed police officers to violate people’s constitutional rights with impunity. It is rarely overcome in court, making IRC’s victory particularly important. The Court held that it was clearly established that police officers cannot racially profile individuals of Hispanic descent and arrest them solely on the unsubstantiated suspicion that they have committed an immigration violation. IRC students conducted depositions and drafted the motion for summary judgment and opposition. In July 2022, Mr. Reyes-Herrera accepted a settlement from New York State on the eve of trial. IRC continues to represent the plaintiff in his attempts to return to the United States to reunite with his family.

Rebecca Ritchie, ’20; Victor Hollenberg, ’21; Ana Luquerna, ’21; Suzannah Ranzo, ’22, participated in the litigation.

Case Documents

Hon. Elizabeth Wolford, Decision and Order, 6:19-cv-06257-EAW-MJP, May 13, 2021. (PDF)

Rocha-Sanchez v. Kolitwenzew, 2:20-cv-02362-SEM-TSH (Central District of Illinois)

IRC filed a Petition for Habeas Corpus on behalf of Irbin Rocha-Sanchez, a lawful permanent resident who had been detained for fifteen months while waiting for a decision on his removal case. The Petition alleged claims under the Due Process Clause, arguing that he could not be detained without an individualized bond hearing. On February 8, 2021, the Court agreed that his detention violated the Due Process Clause and ordered him released within 14 days unless the government proved by clear and convincing evidence that he was a danger to the community or a flight risk. Mr. Rocha-Sanchez has a 9-year-old daughter that he has not seen in a year because of the pandemic, and he himself caught COVID-19 while in detention.

Patrick Berning-O’Neill, ’21, argued the case in January 2021.

Press Coverage

Elvia Malagón, Coronavirus outbreak hits immigration detainees before vaccine eligibility opens for jails in Illinois, Chicago Sun-Times, Jan. 31, 2021.

Case Documents​

Al Otro Lado v. DHS, 2:20-cv-05191 (Central District of California)

In June 2020, IRC sued the Department of Homeland Security (DHS) on behalf Al Otro Lado (AOL), a binational border rights organization, to seek information about DHS’s COVID-19 response at two California detention centers, Adelanto Detention Center and Otay Detention Center, as well as border patrol stations in California, as well as retaliation against detainees who complained about DHS’s response.

In September 2020, Hon. Otis T. Wright III, U.S. District Judge for the Central District of California, granted a motion for preliminary injunction and ordered critical information released within 6 weeks. DHS had requested 28 months to process and release the records, and claimed that the pandemic had overwhelmed its ability to keep up with requests for information.

At oral argument, Judge Wright noted that DHS could have released immigrants from detention at the beginning of the pandemic. Having declined to do so, DHS’s treatment of immigrant detainees would be “brought out into the sunlight…sooner rather than later.”

To date, more than 5,000 DHS detainees have contracted COVID-19 and at least 7 have died of the disease.

Press Coverage

Judge Orders DHS To Release Records Regarding COVID-19 Outbreaks, KPBS, Sept. 23, 2020.

Case Documents

Hassoun v. Searls, 19-cv-390, Western District of New York

The First Legal Challenge to the USA PATRIOT ACT, 8 U.S.C. 1226a

IRC represented Adham Amin Hassoun, a stateless Palestinian who became the first person that the government detained under a never-before-used provision of the USA PATRIOT Act. After the district court ruled that due process required the government to prove by clear-and-convincing evidence that Mr. Hassoun was a danger to national security before indefinitely detaining him, the government conceded that it could not prove its case. Nevertheless, the government argued that the court erred in engaging in any inquiry into the government’s allegations whatsoever. In a win for due process and separation of powers, the court rejected that argument and ordered Mr. Hassoun’s release.

Facing the prospect of releasing Mr. Hassoun in the United States, the government reached an agreement with Rwanda to accept him as a permanent resident. He has now been resettled and is enjoying his freedom. IRC continues to litigate a motion for sanctions against the government for hiding and destroying evidence proving Mr. Hassoun’s innocence. IRC co-counseled on the case with the ACLU and the MacArthur Justice Center.

Brian Zagrocki, ’20, presented oral argument on the case and Samantha Becci, ’20, prepared witnesses for the trial.

Press Coverage

Case Documents