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District Judge Blocks Revocation of DACA based on Misstatements of Fact

Published: May 17, 2018

Via Slate:

On Tuesday, U.S. District Judge Ricardo S. Martinez shot down the federal government’s efforts to strip Daniel Ramirez Medina of his DACA status. Immigrations [Sic] and Customs Enforcement had arrested and detained Ramirez last year, then falsely claimed that he was affiliated with a gang and attempted to deport him. He filed suit, alleging that ICE had violated his due process rights. Martinez agreed. His order barred the federal government from voiding Ramirez’s DACA status, safeguarding his ability to live and work in the United States legally for the foreseeable future. What may be most remarkable about Martinez’s decision, though, is its blunt repudiation of ICE’s main claim—that Ramirez is “gang-affiliated.” The judge did not simply rule against ICE. He accused the agency of lying to a court of law.

From the decision:

Most troubling to the Court, is the continued assertion that Mr. Ramirez is gang-affiliated,despite providing no evidence specific to Mr. Ramirez to the Immigration Court in connectionwith his administrative proceedings, and offering no evidence to this Court to support itsassertions four months later. Dkts. #122-1, Ex. D and #129 at 20:20-21:7. Indeed, theImmigration Judge, after reviewing all evidence submitted by respondent, that Mr. Ramirez wascredible, and that he was not in a gang or associated with one.

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