Irish man with valid US work permit held in ICE detention for five months
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Re: Irish man with valid US work permit held in ICE detention for five months
#12Re: Irish man with valid US work permit held in ICE detention for five months
#13> Originally from County Kilkenny, Culleton has lived in the US for more than 20 years, is married to a US citizen and runs a plastering business in the Boston area. > ... > Culleton said that when he was arrested he was carrying a Massachusetts driving licence and a valid work permit issued as part of an application for a green card that he initiated in April 2025. He has a final interview remaining. Something doesn…
Re: Irish man with valid US work permit held in ICE detention for five months
#14Per article he owns a business. Usually a pre-Green-Card work permit doesn't allow that (you need a GC to own a business). This article is an example of sophisticated co-mingling of facts and omissions, designed to obfuscate the context.
Even with some co-mingling of facts, is 5 months detention still proportionate? That’s the crux of it.
The article is extremely light on details but fact he doesn't have a Green Card/Lawful Permanent Resident yet would indicate that at some point of his time in United States, he was illegally present, probably for a while.
Sure, he's on path, MAYBE (that's up to immigration courts), to legal status but he's not quite there yet and it's one of those "Are we going to forgive past transgressions?"
Re: Irish man with valid US work permit held in ICE detention for five months
#15Per article he owns a business. Usually a pre-Green-Card work permit doesn't allow that (you need a GC to own a business). This article is an example of sophisticated co-mingling of facts and omissions, designed to obfuscate the context.
Re: Irish man with valid US work permit held in ICE detention for five months
#16- Unsafe conditions in detention.
- Detained people fighting over food (due to insufficient amount).
- A fake signature(!). Violating a judge's orders.
- Multiple US Constitution violations (which, yes, does apply to non-citizens/work-visa holders/even illegal immigrants).
This is a "hero case," but if this is happening here, imagine what people with less financial means and interest from the media are going through.
Re: Irish man with valid US work permit held in ICE detention for five months
#17> The Fifth Circuit has held that the VWP statute “‘unambiguously’ limits an alien’s means of contesting removal solely to an application for asylum.” McCarthy v. Mukasey, 555 F.3d 459, 460 (5th Cir. 2009) (citation omitted). And once an individual violates the terms of the VWP by remaining in the United States for more than ninety days, the individual is no longer entitled to contest removal on any other basis. Id. at 462. This is true even when an individual has a pending adjustment of status application on the basis of their marriage to a U.S. citizen. Id. at 460, 462.
> Culleton concedes he is removable under the VWP. Reply 10. But he argues that because USCIS accepted and began processing his adjustment of status application, he is entitled to due process protections in its fair adjudication. Id. at 9. The Fifth Circuit has foreclosed this very argument, reasoning that the VWP waiver includes a waiver of due process rights. See Mukasey, 555 F.3d at 462. And “[t]he fact that [Culleton] applied for an adjustment of status before the DHS issued its notice of removal is of no consequence.” Id.
Re: Irish man with valid US work permit held in ICE detention for five months
#18Per article he owns a business. Usually a pre-Green-Card work permit doesn't allow that (you need a GC to own a business). This article is an example of sophisticated co-mingling of facts and omissions, designed to obfuscate the context.
Gosh, we have very different ideas of policy.
Re: Irish man with valid US work permit held in ICE detention for five months
#19Per article he owns a business. Usually a pre-Green-Card work permit doesn't allow that (you need a GC to own a business). This article is an example of sophisticated co-mingling of facts and omissions, designed to obfuscate the context.
The bussiness can be lawfully owned by his US native wife. There are possibilities, but as you say, the article is lacking.
Re: Irish man with valid US work permit held in ICE detention for five months
#20Earlier quoted context omitted.
Even with some co-mingling of facts, is 5 months detention still proportionate? That’s the crux of it.
My opinion is probably not but this is ultimately a political conversation. The article is extremely light on details but fact he doesn't have a Green Card/Lawful Permanent Resident yet would indicate that at some point of his time in United States, he was illegally present, probably for a while. Sure, he's on path, MAYBE (that's up to immigration courts), to legal status but he's not quite there yet and it's one of…
How do you conclude that from the facts in the article?