Seyfarth Shaw Pro Bono Case Featured in National Law Journal
"Bond Hearing Ordered For Man Held 5 1/2 Years In Immigration Detention Facilities"

Seyfarth Shaw's pro bono immigration case for Errol Scarlett was featured in the July 14, 2009 edition of the National Law Journal in the article, "Bond Hearing Ordered For Man Held 5 1/2 Years In Immigration Detention Facilities." The article discussed how Scarlett, with pro bono assistance from Seyfarth Shaw's Lorie Almon and Jeremi Chylinski, along with co-counsel the ACLU and the New York Civil Liberties Union, sued the U.S. Department of Homeland Security Bureau of Immigration and Customs Enforcement on the grounds that his detention without a hearing violates the Immigration and Nationality Act and the right to due process. Scarlett has spent the last 5 1/2 years without a bond hearing in various immigration detention facilities fighting deportation based on a previous drug conviction. Scarlett filed his suit against the Department of Homeland Security in July 2008 in the Western District of New York, and this past Friday, July 10, 2009, U.S. District Court Judge Richard Arcara ordered that he must have a bond hearing within 60 days. The article noted that legal advocates for immigrants' rights say they hope the Court's decision will serve as a precedent for the many immigrants who have spent months and years in custody without a hearing to determine if their detention is warranted.

According to the article, Lorie Almon and Jeremi Chylinski got involved in the case in 2007. The 2nd Circuit ruled in February 2009 that Scarlett's drug conviction is not an aggravated felony, and he is eligible for cancellation of removal—a permanent form of immigration relief. The article explained that Scarlett's fate once again lies in the hands of a judge in immigration court, who will determine whether he should be released on bond and, ultimately, if he will be allowed to remain in the United States. Jeremi noted, "Mr. Scarlett has been in jail for 5 1/2 years. He has spent more time in [immigration detention] than he did in prison for his underlying crime."