Federal Judge With Michigan Ties Blocks Deportations
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
www.clarkstonlegal.com
Labels: due process, Judge Ann Marie Donnelly, University of Michigan
1 Comments:
Good post.
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