Irish national Seamus Culleton will not be returned to Ireland on Tuesday after a US court granted a temporary order preventing his removal.
The decision follows earlier expectations that the Kilkenny native would land at Dublin Airport on Tuesday, according to the Irish Times, reports Breaking News.
Culleton, who has been detained by ICE authorities in the United States, said last week that he had been kept in a Texas detention facility since September, describing it as a “concentration camp”.
The Kilkenny native was taken into custody in Boston in September of last year, despite having lived in the US for two decades and being married to an American citizen, reports Breaking News.
Niall O’Dowd of The Irish Times stated that, even prior to the immigration clampdown under Trump, Culleton was unlikely to secure a green card due to overstaying his 90-day visa.
“What is happening in practice is that the 90-day overstay visa cases – which is the one most undocumented Irish entered under – are being decided against the immigrant,” O’Dowd said, reports Breaking News.
“The draconian new laws seem to be part of the Trump administration’s policy to make conditions so arduous that inmates will pledge never to come back to the US.
“It is no surprise that the Texas judiciary, which is among the harshest in the USA, is handling much of the immigration issue,” reports Breaking News.
O’Dowd added that there appear to be minimal restrictions on measures aimed at preventing immigrants from obtaining green cards, even for those attending their final interview with completed documentation in hand.
He said he hopes Taoiseach Micheal Martin will bring up the matter with US President Donald Trump when they meet at the White House in March for St Patrick’s Day, reports Breaking News.
The US Department of Homeland Security stated that Mr Culleton entered the country in 2009 through a visa waiver scheme, which permits a 90-day stay without a visa, but remained beyond the permitted timeframe.
Culleton’s solicitor, Ogor Winnie Okoye, said US authorities have in the past granted waivers and pardoned certain immigration breaches – including unauthorised employment or overstaying – for immediate family members of US citizens, reports Breaking News.
Okoye explained that a green card application had been filed before his detention and that he had been due to attend his marriage-based green card interview in November.
On Monday, Okoye’s legal practice, BOS Legal, confirmed that a petition seeking a review of the administrative final removal order, along with an ex parte motion submitted to the First Circuit Court of Appeals on Friday, resulted in a delay to Mr Culleton’s deportation, reports Breaking News.
It stated that the “significant” development resulted in 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, reports Breaking News.
“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.” reports Breaking News.
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