Deportation of Irishman detained by Ice delayed until next month
Seamus Culleton has been detained by Ice for five months
An Irishman who has been detained by US Immigration and Customs Enforcement (ICE) for five months has received a stay on his deportation until next month.
Seamus Culleton, originally from Kilkenny, has been in the US for almost 20 years and is married to a US citizen.
He will now not be deported for at least the next two weeks. His lawyers, BOS Legal Group, said in a statement that in a "significant legal development" the First Circuit Court of Appeals in the US entered a temporary order staying Mr Culleton's removal on Friday.
This stay will last for the next 10 business days, and the “court ordered the government to file their response which is due in the coming days."
Mr Culleton was driving home after finishing work in Massachusetts when he was detained by ICE agents on September 9 last year. He said he had a work permit but was arrested and taken to an ICE facility in El Paso, Texas.
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Mr Culleton went public with his case by being interviewed on live radio from the facility in early February, where he compared the conditions to a “modern-day concentration camp” where he had “barely any” time outdoors.
He said he would like Taoiseach Micheál Martin to raise his case with US President Donald Trump during his meeting at the White House in March for St Patrick’s Day.
The US Department of Homeland Security said Mr Culleton arrived in the US in 2009 under a visa waiver programme, allowing people to stay in the US for 90 days without a visa, but did not leave after this period.
Mr Culleton’s lawyer, Ogor Winnie Okoye, said the US government has historically given exemptions and forgiven certain immigration violations – such as working without authorisation or overstaying – to immediate relatives of US citizens.
Ms Okoye said he had submitted a green card application before his arrest and had been scheduled for his marriage-based green card interview in November.
On Monday, the legal firm of Ms Okoye, BOS Legal, said a petition for review of the administrative final removal order and an ex parte motion filed in the First Circuit Court of Appeals on Friday delayed Mr Culleton’s deportation.
It said the “significant” development saw a temporary order “staying Culleton’s removal for the next 10 business days”.
“The court ordered the government to file their response which is due in the coming days,” it said.
“Culleton has resided in the United States for nearly two decades and is married to a US citizen.
“He has no criminal entries since living in the United States.
“Culleton is married to a US citizen, presents no public safety concerns, and has strong familial and community ties in the United States.
“Culleton has been separated from his wife, Tiffany, and his family for over five months.
“Our legal team remains focused on securing his release from Ice custody and obtaining the immigration relief necessary for him be reunited with his wife and to remain in the United States with his family.
“We are committed to advocating for Culleton’s right to remain in the United States based on legal merits of his case.
“Our focus is on reuniting him with his spouse and ensuring that justice is served within the bounds of our laws.”
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