'This omission is fatal': Judge tears into ICE for detaining man who cannot even be deported due to special visa
cross-posted from: https://infosec.pub/post/45407468
> > In [the present case](https://www.courtlistener.com/docket/72294309/ghysels-reales-v-ripa/), the petitioner, Alejandro Osvaldo Ghysels Reales, won [habeas corpus](https://lawandcrime.com/tag/habeas-corpus/) relief by convincing U.S. District Judge Kyle Dudek, who was appointed by Trump last year, that his detention is unlawful.
> >
> > "When the government detains a noncitizen pending immigration proceedings, it must have a legitimate, non-punitive reason for doing so," Dudek begins in a tone that quickly becomes ominous for the government. "Typically, the reason is straightforward: the government detains a noncitizen to ensure he is available for removal. But that justification rests on a critical premise—that the government actually can remove him. Here, it cannot."
> > In [the present case](https://www.courtlistener.com/docket/72294309/ghysels-reales-v-ripa/), the petitioner, Alejandro Osvaldo Ghysels Reales, won [habeas corpus](https://lawandcrime.com/tag/habeas-corpus/) relief by convincing U.S. District Judge Kyle Dudek, who was appointed by Trump last year, that his detention is unlawful.
> >
> > "When the government detains a noncitizen pending immigration proceedings, it must have a legitimate, non-punitive reason for doing so," Dudek begins in a tone that quickly becomes ominous for the government. "Typically, the reason is straightforward: the government detains a noncitizen to ensure he is available for removal. But that justification rests on a critical premise—that the government actually can remove him. Here, it cannot."