The Legal Aid Society this afternoon won an emergency stay motion temporarily preventing the deportation of Xiu Qing You, pending resolution of his petition for habeas corpus. The Court also ordered Mr. You’s immediate release from Immigration and Customs Enforcement (ICE) detention. Mr. You has been detained at Bergen County Correctional Facility since May 23, 2018. United States District Judge Analisa Torres of the Southern District of New York heard the arguments and granted the stay.
The Legal Aid Society joined Yee Ling Poon, Esq. as co-counsel this past week to represent Mr. You, and led on today’s request for a stay of removal and immediate release.
The New York Daily News first reported on Mr. You’s detention last Friday. You, 39, has lived in Flushing, Queens since coming to the United States in 2000 to escape religious persecution. He runs a nail salon in Connecticut with his wife, a U.S. citizen; is a father to two young children; and has no criminal record.
Mr. You was detained by ICE at a mandatory interview for a green card that was petitioned by his wife.
Gregory Copeland, Sarah Gillman, and Katherine Buckel from The Legal Aid Society’s Immigration Law Unit represented Mr. You on the habeas motion.
“Today’s ruling is a sharp rebuke of ICE’s cruel and fanatical crusade to circumvent due process with the goal of tearing families apart,” said Gregory Copeland, Supervising Attorney in the Immigration Law Unit at The Legal Aid Society. “Mr. You has lived without incident in this country for years, establishing a family and building a successful small business. Taking that away from him is the antithesis of what America should aspire to stand for. This decision should also provide hope for other immigrants that the judicial branch remains a bulwark against inhumane treatment.”