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Keywords

motionleaseregulationdue process
motionleaseregulationdue process

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Rombot v. Souza

Facts

Terry Rombot, who had lived in the U.S. for about sixteen years, received a final order of removal in 2008. He voluntarily surrendered to ICE in 2010 under a program for Indonesian nationals fearing persecution and was given an Order of Supervision. Rombot complied with the terms of his supervision until he was unexpectedly detained by ICE on August 1, 2017, without prior notice, and was later issued a Notice of Revocation of Release citing a significant likelihood of removal.

Terry Rombot, who had lived in the U.S. for about sixteen years, received a final order of removal in 2008. He voluntarily surrendered to ICE in 2010 under a program for Indonesian nationals fearing persecution and was given an Order of Supervision. Rombot complied with the terms of his supervision until he was unexpectedly detained by ICE on August 1, 2017, without prior notice, and was later issued a Notice of Revocation of Release citing a significant likelihood of removal.

Issue

Did ICE properly revoke Rombot's release from custody, and did it violate his due process rights in the process?

Did ICE properly revoke Rombot's release from custody, and did it violate his due process rights in the process?

Rule

ICE must follow its own regulations and procedures when revoking an alien's release, including providing an opportunity for an informal interview and adhering to the conditions set forth in the Release Notification.

ICE must follow its own regulations and procedures when revoking an alien's release, including providing an opportunity for an informal interview and adhering to the conditions set forth in the Release Notification.

Analysis

The court determined that ICE did not follow its own regulations when it revoked Rombot's release. Specifically, ICE failed to provide the required informal interview and did not substantiate its claims regarding Rombot's alleged safety risk. The court noted that Rombot had complied with all conditions of his release, and ICE's actions were deemed unlawful.

The court determined that ICE did not follow its own regulations when it revoked Rombot's release. Specifically, ICE failed to provide the required informal interview and did not substantiate its claims regarding Rombot's alleged safety risk. The court noted that Rombot had complied with all conditions of his release, and ICE's actions were deemed unlawful.

Conclusion

The court granted Rombot's motion for release, concluding that his detention was unlawful due to ICE's failure to adhere to its own regulations.

The court granted Rombot's motion for release, concluding that his detention was unlawful due to ICE's failure to adhere to its own regulations.

Who won?

Terry Rombot prevailed in the case because the court found that ICE had violated its own procedures and Rombot's due process rights.

Terry Rombot prevailed in the case because the court found that ICE had violated its own procedures and Rombot's due process rights.

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