News & Resources

Abdi v. Mayorkas: Securing fair opportunity for freedom for incarcerated asylum seekers

The case advocated for the government to give asylum seekers a fair opportunity to be released on parole and/or bond pending their asylum cases.

Our clients

Our clients were asylum seekers who had been incarcerated at the Batavia immigration facility in New York without a fair opportunity for release on parole or bond. They brought the case on behalf of themselves and others like them who unfairly continued to be incarcerated after seeking asylum at the border and establishing that they have a significant likelihood of success on their asylum claims.

Impact

Fair Parole Process Secured. The court issued a preliminary ruling in favor of the asylum seekers in November 2017, requiring the government to follow its own procedures in granting access to parole. In January 2022, the court approved a settlement that secures protections in the court’s 2017 order, including that asylum seekers at the Batavia immigration facility will be notified of the availability of parole in a language they understand, be given a parole interview with an immigration officer, be provided an explanation for their parole decision and be informed they can seek reconsideration if parole is initially denied.

Although the court initially also required bond hearings after 6 months of incarceration, this ruling was annulled in September 2019 following the Supreme Court decision in Jennings v. Rodriguez, 138 S. Ct. 830 (2018).

Case Status

IRAP is continuing to monitor the settlement agreement until January 2025.

The New York Civil Liberties Union and Sidley Austin LLP are co-counsel in this litigation.

 

Case Status:
In Settlement Monitoring
View the Complaint View the Preliminary Injunction View the Settlement Agreement

Follow the Case

Oct 7, 2021

Settlement Will Solidify Right to Parole Process for Asylum Seekers in Immigration Detention in Batavia

The International Refugee Assistance Project (IRAP), the New York Civil Liberties Union (NYCLU), and Sidley Austin LLP today announced a settlement in Abdi et al. v Mayorkas et al, their 2017 case challenging the blanket denial of parole to asylum seekers screened in at the border and detained at the Buffalo Federal Detention Center in Batavia.

Press Release

Feb 12, 2018

Press Release: Federal Court Orders Immigration Judges to Consider Asylum Seekers’ Ability to Pay When Setting Bond

FOR IMMEDIATE RELEASE                        

Press Release

Nov 20, 2017

Press Release: Court Orders Federal Immigration Jail in Buffalo to Offer Parole, Bond Hearings for Asylum-Seekers

FOR IMMEDIATE RELEASE                        

Press Release

  • August 21, 2017 | First amended complaint

    View Document +

  • August 25, 2017 | Plaintiffs’ motion for class certification

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  • September 12, 2017 | Defendants’ motion to dismiss

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  • September 25, 2017 | Plaintiffs’ motion for preliminary injunction

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  • October 4, 2017 | Plaintiffs’ opposition to motion to dismiss

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  • October 11, 2017 | Defendants’ reply in support of motion to dismiss

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  • October 20, 2017 | Defendants’ opposition to preliminary injunction

    View Document +

  • October 26, 2017 | Plaintiffs’ reply in support of preliminary injunction

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  • November 13, 2017 | Defendants’ opposition to class certification

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  • November 17, 2017 | Order granting preliminary injunction and denying motion to dismiss

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  • December 19, 2017 | Order granting class certification

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  • January 8, 2018 | Plaintiffs’ motion to consider ability to pay and alternatives to money bond at bond hearings

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  • January 22, 2018 | Defendants’ opposition to motion to consider ability to pay and alternatives to money bond at bond hearings

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  • January 25, 2018 | Plaintiffs’ reply in support of motion to consider ability to pay and alternatives to money bond at bond hearings

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  • February 9, 2018 | Decision granting motion to consider ability to pay and alternatives to money bond at bond hearings

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  • October 31, 2018 | Defendants’ motion to vacate the bond injunction

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  • November 17, 2017 | Plaintiffs’ reply in support of class certification

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  • December 7, 2018 | Plaintiffs’ opposition to motion to vacate

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  • December 7, 2018 | Data declaration in support of opposition to motion to vacate

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  • December 7, 2018 | Former immigration judge declaration in support of opposition to motion to vacate

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  • December 7, 2018 | Dr. Allen Keller declaration in support of opposition to motion to vacate

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  • December 13, 2018 | Defendants’ motion to decertify bond class

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  • March 1, 2019 | Plaintiffs’ opposition to motion to decertify bond class

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  • March 22, 2019 | Defendants’ reply in support of motion to decertify bond class

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  • September 24, 2019 | Order granting motion to decertify bond class

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  • October 7, 2021 | Motion for preliminary approval of proposed settlement agreement

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  • October 22, 2021 | Order granting preliminary approval of settlement agreement

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  • January 5, 2022 | Order granting final approval of settlement agreement

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  • Court docket available here

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  • Settlement Will Solidify Right to Parole Process for Asylum Seekers in Immigration Detention in Batavia

    10/7/2021

    View Press Release +

  • Press Release: Federal Court Orders Immigration Judges to Consider Asylum Seekers’ Ability to Pay When Setting Bond

    2/12/2018

    View Press Release +

  • Press Release: Court Orders Federal Immigration Jail in Buffalo to Offer Parole, Bond Hearings for Asylum-Seekers

    11/20/2017

    View Press Release +