Russell Abrutyn

Abrutyn Law PLLC

3765 12 Mile Road

Berkley, MI 48072

Thursday, December 19, 2013

Detainers against U.S. citizens does not violate clearly established liberty right

Ortega v. ICE, No. 12-6608 (6th Cir. Dec. 10, 2013) (published)

In this case, a USC was sentenced to home confinement as part of a driving under the influence conviction.  ICE issued a detainer against him, purportedly because his name and birth date resembled that of a noncitizen who had been removed.  Apparently there was not a fingerprint match but that did not matter.  As a result, he was imprisoned for four days before being released.

His lawsuit was dismissed on qualified immunity grounds because there was no clearly established right to be free from unnecessary imprisonment as a result of an improperly issued detainer.  This will only encourage further such erroneous detainers.

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