The Capital Area Immigrants’ Rights (CAIR) Coalition, the National Immigration Project, and the ACLU of Virginia are suing Immigration and Customs Enforcement (ICE), which is arbitrarily detaining people in Virginia after they won immigration cases that protected them from deportation to their countries of origin where they face persecution, torture, or death.

After an immigration judge grants a person withholding of removal or relief under the U.N. Convention Against Torture (CAT), they should be released from detention. Judges grant these forms of relief when a person would likely face severe persecution or torture if deported to their country of origin.

Since legal counsel in the case began tracking the release dates of detained non-citizens in Virginia, ICE has continued the detention of nearly every person even after they had been granted withholding of removal or protection under CAT. In 15 out of 20 cases, ICE continued their detention for at least three months after they had won their case.

That practice is in clear violation of ICE's own policies. 

Read more about the case here.


Sophia Gregg (ACLU-VA); Amber Qureshi (NIPNLG); Ian Austin Rose (CAIR Coalition)

Date filed

August 3, 2023


U.S. District Court for the Eastern District of Virginia - Alexandria Division





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