RAGBIR v. HOMAN

No. 18-1597 August Term, 2018.

923 F.3d 53 (2019)

Ravidath Lawrence RAGBIR, New Sanctuary Coalition of New York City, CASA De Maryland, Inc., Detention Watch Network, National Immigration Project of the National Lawyers Guild, New York Immigration Coalition, Plaintiffs-Appellants, v. Thomas D. HOMAN, in his official capacity as Deputy Director and Senior Official Performing the duties of the Director of U.S. Immigration and Customs Enforcement, Thomas Decker, in his official capacity as New York Field Office Director for U.S. Immigration and Customs Enforcement, Scott Mechkowski, in his official capacity as Assistant New York Field Office Director for U.S. Immigration and Customs Enforcement, United States Immigration and Customs Enforcement, Kevin K. McAleenan, in his official capacity as Acting Secretary of Homeland Security, United States Department of Homeland Security, William P. Barr, in his official capacity as Attorney General of the United States, United States Department of Justice, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided: April 25, 2019.


Attorney(s) appearing for the Case

Robert Stanton Jones , Arnold & Porter Kaye Scholer LLP, Washington, DC (William C. Perdue, Sally L. Pei , Andrew T. Tutt , Arnold & Porter Kaye Scholer LLP, Washington, DC; Emily Newhouse Dillingham , Arnold & Porter Kaye Scholer LLP, Chicago, IL; Ada Añon , Arnold & Porter Kaye Scholer LLP, New York, NY; Alina Das , Jessica Rofé , Washington Square Legal Services, Inc., New York, NY, on the brief) for Plaintiffs-Appellants.

Steven J. Kochevar , Assistant United States Attorney ( Benjamin H. Torrance , Assistant United States Attorney, on the brief), for Geoffrey S. Berman , United States Attorney for the Southern District of New York, for Defendants-Appellees.

Judge Walker dissents in a separate opinion.


The principal question presented in this appeal is whether Ravidath Ragbir, an alien subject to a valid final order of removal, has presented a legally recognizable claim to enjoin the Government from deporting him on the basis of his public speech that was critical of the Government's immigration policies and practices. Related...

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