What's at Stake
U.S. District Court for the Western District of New York ruled on July 10 that a long-term legal resident will have a hearing within 60 days to determine whether his immigration detention is justified while he fights his removal proceedings.
The ACLU’s lawsuit on behalf Errol Barrington Scarlett charges that prolonged immigration detention without a hearing violates the Immigration and Nationality Act (INA) and the right to due process under the U.S. Constitution.
Scarlett is represented by the American Civil Liberties Union, the New York Civil Liberties Union (NYCLU) and pro bono by Seyfarth, Shaw LLP.
Podcast: Michael Tan of the ACLU’s Immigrants’ Rights Project Speaks With Errol Scarlett:
Scarlett v. DHS, et al. - Order Adopting Magistrate's Report and Recommendations
Date Filed: 07/10/2009
Scarlett v. DHS, et al. - Petitioner's Response to Respondents' Objections
Date Filed: 06/22/2009
Scarlett v. DHS, et al. - Brief for Amici Curiae
Date Filed: 01/28/2009