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The Law Blogger is a law-related blog that informs and discusses current matters of legal interest to readers of The Oakland Press and to consumers of legal services in the community. We hope readers will  find it entertaining but also informative. The Law Blogger does not, however, impart legal advice, as only attorneys are licensed to provide legal counsel.
For more information email: tflynn@clarkstonlegal.com

Monday, January 30, 2017

Federal Judge With Michigan Ties Blocks Deportations

New York federal judge Ann Marie Donnelly was born in Royal Oak, MI and attended the University of Michigan in Ann Arbor. She went to law school at Ohio State.

Over the weekend, her previously low-key tenure on the bench of the United States District Court for the Eastern District of New York blew-up. That is because of a two page order granting an emergency injunction, brought by the ACLU, blocking deportations of refugees and visa holders pursuant to an executive order signed by President Trump late Friday afternoon.

In issuing her order, Judge Donnelly found, after conducting a hearing in Brooklyn, that the emergency petitioners, and other similarly situated individuals, would likely prevail on the Due Process based challenge to the deportations. Further, the judge found that the petitioners would suffer irreparable harm without the stay, while the respondent -the United States government- was not likely to suffer any harm during the period of stay. Shortly after her ruling, another federal judge, in Alexandria, Virginia, also issued a stay.

Now, the matter will come back before Judge Donnelly for a full hearing on the merits of the petition [although the court order does not provide for this] and President Trump's executive order eventually will be subjected to judicial review. No doubt, whatever ruling Judge Donnelly makes on the merits will be appealed to the United States Court of Appeals for the Second Circuit.

Of the approximately 175 people who were in-transit and thus affected by President Trump's Friday afternoon order, over 80 persons received waivers based on their green card status following case-by-case reviews.

After serving as a state court prosecutor for 25-years and as a state court judge in New York, President Obama appointed her to the federal bench in late 2014.

Post #578

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1 Comments:

Anonymous Tony M. said...

Good post.

February 6, 2017 at 7:21 PM 

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