Seeking Release of Clients Detained in Virginia Who Have Won Fear-Based Relief Under Rodriguez Guerra v. Perry (E.D. Va.) Settlement

The National Immigration Project, Amica Center (formerly CAIR Coalition), and the ACLU of Virginia sued the Washington Field Office of Immigration and Customs Enforcement (ICE) on behalf of nine individuals whom ICE arbitrarily detained for months after they won immigration relief protecting them from deportation to their countries of origin where they face persecution, torture, or death. The case, Rodriguez Guerrera v. Perry, No. 1:23-cv-1151 (E.D. Va.), was brought in the U.S. District Court for the Eastern District of Virginia on behalf of a class of noncitizens detained after winning fear-based relief within the jurisdiction of the Washington Field Office. On July 30, 2024, the parties submitted a settlement agreement for Court approval. Some of the terms of the agreement go into effect before the Court approves the class settlement. This practice advisory describes the settlement terms and provides tips to attorneys representing class members and detained noncitizens who benefit from this settlement.