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Reid v. Donelan/In re Reid

The clinic represents Mark Reid, a legal permanent resident and veteran living in Connecticut who was placed in removal proceedings and detained by Immigration and Customs Enforcement (ICE) based on minor criminal convictions such as drug possession. In removal proceedings, Mr. Reid has sought relief against deportation to Jamaica under the Convention Against Torture and on the ground that his removal would be disproportionate to any underlying misconduct. The clinic has argued Mr. Reid’s removal case before the Immigration Court. The Immigration Judge denied relief, and after the Board of Immigration Appeals (BIA) remanded, the Immigration Judge denied relief a second time. Mr. Reid appealed a second time, and for a second time the BIA remanded the case to the Immigration Judge for further proceedings.

In addition, the clinic filed a federal habeas petition in the U.S. District Court for the District of Massachusetts on behalf of Mr. Reid, contending that his prolonged detention without an individualized bond hearing violated immigration statutes and the Constitution. The U.S. District Court agreed, granted Mr. Reid’s petition, and ordered ICE to provide a bond hearing. Reid v. Donelan, 991 F.Supp.2d 275 (D.Mass. 2014). Students represented Mr. Reid at the bond hearing, where the Immigration Judge set bond and other conditions of release. Mr. Reid posted bond and was released.

Moreover, because ICE has repeatedly and unlawfully held detainees like Mr. Reid for months or years without a bond hearing, Mr. Reid moved to represent a class of all ICE detainees in Massachusetts (where ICE confines most Connecticut residents) who have been held for more than six months. The District Court granted the motion for class certification and appointed the clinic class counsel, Reid v. Donelan, 297 F.R.D. 185 (D. Mass. 2014), and then ordered class-wide relief. Reid v. Donelan, 22 F.Supp.3d 84 (D.Mass. 2014). After a dispute regarding the scope of the class definition, the District Court rejected ICE’s narrow interpretation to hold that detainees who sought judicial review or moved to reopen or reconsider an administratively final order of removal were not divested of their right to a bond hearing. Reid v. Donelan, 64 F.Supp.3d 271 (D.Mass. 2014). To resolve issues regarding class identification and notification procedures, in July 2015 the Court also ordered limited discovery in the form of ICE and EOIR depositions.

Mr. Reid has also argued in District Court that he has been needlessly shackled in Hartford Immigration Court. The District Court held that ICE’s nationwide policy of shackling detainees without an individualized finding of dangerousness violates the Due Process Clause of the Constitution. Reid v. Donelan, 2 F.Supp.3d 38 (D.Mass. 2014). However, the Judge found that the claim of Mr. Reid himself was moot because he had been released on bond as a result of his successful habeas petition.

The clinic is sole counsel on Mr. Reid’s removal case and is lead counsel on the habeas class action, together with co-counsel at the firm of WilmerHale and the ACLU Immigrants’ Rights Project.

Plaintiff’s Petition for Writ of Habeas Corpus and Complaint for Relief (C.A. NO. 13-cv-30125-MAP)  (D.Mass) (July 1, 2013)

Brief in Support of Plaintiff’s Petition for Habeas Corpus and Motion for Summary Judgment (C.A. NO. 13-cv-30125-MAP)  (D.Mass) (July 1, 2013)

Plaintiff’s Memorandum in Support of Motion for Class Certification (C.A. NO. 13-cv-30125-MAP)  (D.Mass) (August 16, 2013)

Memorandum and Order Granting Plaintiff’s Petition for Habeas Corpus (C.A. NO. 13-cv-30125-MAP)  (D.Mass) (January 9, 2014)

Memorandum and Order Granting Plaintiff’s Motion for Class Certification (C.A. NO. 13-cv-30125-MAP)  (D.Mass) (February 10, 2014)

Memorandum and Order Regarding Plaintiff’s Shackling Claim (C.A. NO. 13-cv-30125-MAP) (D.Mass) (March 6, 2014)

Memorandum and Order Granting Plaintiff’s Motion for Summary Judgment for Class-Wide Relief (C.A. NO. 13-cv-30125-MAP) (D.Mass) (May 27, 2014)

Memorandum and Order Regarding Plaintiffs' Motion for Enforcement (C.A. NO. 13-cv-30125-MAP) (D.Mass) (December 10, 2014)

Order re: Discovery (C.A. No. 13-cv-30125-MAP) (D.Mass. July 8, 2015)

Media Clips

Milton, J. Valencia, U.S. Court Rulings Limit Detention of Immigrants, The Boston Globe, July 5, 2014       

DirectoUSA: Derechos de los inmigrantes, CNN Latino, June 2, 2014

Mary O'Leary, Yale Law School clinic wins immigration case, New Haven Register, May 28, 2014

Thomas MacMillan, Reid Walks Free, For Now, The New Haven Independent, February 26, 2014

Peggy McCarthy, Bond Approved For Army Vet Facing Deportation, The Hartford Courant, February 11, 2014

Thomas MacMillan, Judge Slaps ICE, Grants Class Action, The New Haven Independent, February 11, 2014

Editorial, These Veterans Are Legal Immigrants, But Getting Deported, The Hartford Courant, November 8, 2013

Op-ed, Armed Forces Veteran Caught Up In Deportation Nightmare, The Hartford Courant, August 12, 2013