Sunday, April 12, 2009

ICE Factually False Statement In An Appeal

A story by Rick Casey titled "Cold as ICE: Falsehoods" in the Houston Chronicle on April 22, 2008, discussed how ICE counsel James Manning purportedly wrote falsehoods in appealing the case of Mauricio Barragan.

ICE counsel Manning apparently portrayed Mr. Barragan as seeking a waiver of deportation because he would not assist his parents on an occasional basis but the record instead showed that before being detained, he was paying 50% of the mortgage and utilities on the parents' house.

ICE counsel Manning purportedly described Mr. Barragan as quitting school and never holding a job more than 18 months but in fact, he graduated Katy High School and worked at Target for nearly eight years.

ICE counsel Manning purportedly wrote that Mr. Barragan owned no real property but in fact he owned a small house where his parents lived.

We have not seen these statements by ICE counsel Manning or the court record that apparently refutes them. But the journalist Rick Casey says he's seen them and that Mr. Casey thinks ICE counsel Manning has made factually false statements in litigating the case.

On the positive side, when Mr. Manning wrote the appeal brief, he did not include the purportedly false statements that he listed in his reasons for appeal. The BIA denied ICE's appeal.
The journalist Rick Casey believes ICE should not have kept Mr. Barragan in detention during the lengthy appeal -- an issue that arises in several cases, where ICE delays someone's release while they file what turns out to be a losing appeal.


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