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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