Manuel has been under ICE custody for 6 months and it is now time for his 180-day custody review, which will be conducted by either the ICE Field Officer Director or ICE Headquarters.

The agency will be using the same criteria as the 90-day custody review.

Why is Manuel’s custody being reviewed?

The June 2001 U.S. Supreme Court decision reversed the former Immigration and Naturalization Service’s practice of indefinitely detaining aliens who were difficult to remove. As a result, in 2003, DHS drafted regulations and guidance.

“To justify prolonged detention, current laws, regulations, policies, and practices require the federal government to either establish that removal can be secured in the reasonably foreseeable future, or prove that a detainee meets certain stringent criteria.”

If the alien is not released or removed, and is cooperating with the removal process and has not obtained a stay of removal from the court, the second review will be conducted as soon as possible after 180 days have elapsed from the final order of removal.

Manuel was granted an emergency stay of removal in May, which is currently protecting him from deportation. We are waiting on the Board of Immigration Appeals (BIA) decision to reopen his case.

We are still receiving donations for Manuel. All donations are greatly appreciated.

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