“We must always take sides. Neutrality helps the oppressor, never the victim. Silence encourages the tormentor, never the tormented.” Elie Wiesel
Many of the basic rights afforded by U.S. Constitution, in particular the due process clause of the Fifth Amendment and the equal protection of the 14th Amendment, apply to both citizens and to non-citizens physically located in the Unites States. In recent years, the manner in which the Immigration Courts and the Department of Homeland Security (DHS) have conducted their proceedings, separated families and detained individuals has raised serious constitutional questions. Through the Stein Public Interest Center at Pashman Stein Walder Hayden, we aim to represent detained non-citizen immigrants in removal and asylum cases primarily in federal District Court and Court of Appeals, involving violations of clients’ constitutional rights, as well as violations of the Administrative Procedure Act and other rules and regulations. Our work will include filing habeas corpus petitions for clients detained in violation of their constitutional rights and appealing final orders of deportation from the Board of Immigration Appeals (“BIA”). We also partner with advocacy organizations to file amicus briefs in support of immigrant communities. Our goal is to bring the procedures and practices in the Immigration Courts and DHS in line with the due process clause and ensure that non-citizen immigrants get a fair hearing by a neutral judge.
Amicus brief in N.J. Supreme Court case addressing whether immigration status can be used to determine a pre-trial detention decision.
- Deyvi Alexander De Leon v. Attorney General of United States, Docket No. 20-2381, United States Court of Appeals for the Third Circuit2020
Appeal of Final Order of Deportation involving violation of constitutional and statutory rights.
News & Insights
- News, New Jersey Law Journal, 9.14.23
- News, 1.25.21