Immigration Clinic Secures Release for Great-Grandfather

UC Davis School of Law Immigration Clinic Class of 2008 students, Sarah Martinez and Wajahat Ali, were successful in securing release from immigration custody for their client who was detained in Sacramento County Jail. The client is a Mexican-American man who is a great grandfather, grandfather, and father to United States Citizens.  He has been incarcerated for over two years challenging his removability. 

The judge had previously terminated his removal proceedings finding the client's criminal history did not render him deportable from the U.S. Despite having prevailed at the immigration court proceeding, the client languished in jail because ICE appealed the judge's decision. Nonetheless, Martinez and Ali wrote a compelling motion for custody redetermination arguing that detention is premised upon deportability and that further detention violated the intent of the mandatory detention statute, case precedent and the U.S. Constitution.  The judge agreed and ordered the client released on his own recognizance.

Congratulations also go to clinic supervising attorney, Ms. Holly Cooper '98, who wrote the main brief convincing the Immigration Judge to write an extremely compelling and firm ruling in the clients favor thus setting up the release.