1. Hamama v. Adducci 17-cv-11910 (E.D. Mich.)
ACLU of Michigan, Miller Canfield, ACLU IRP, Michigan Immigrant Rights Center, CODE Legal

2. The need
In June, ICE rounded up and detained hundreds of Iraqi nationals with longstanding final orders of removal.
About half in the Detroit Metro Area; the rest are scattered.
Currently 300 in detention (1100 not in detention)
On average, their orders were entered 10 years ago.
Country conditions have changed drastically in Iraq.
Christians have been the victims of what the State Department in labeled genocide.
Iraq is, more generally, chaotic and dangerous.
Those viewed as American/Americanized are very much at risk.

3. The goal Prevent the removal of members of this group.
Give each detainee a fair chance at a meaningful hearing, now, that addresses:
Current country conditions.
Current law (on crimes that render individuals removable, etc.).
This requires finding a lawyer for as many as possible.

4. How does the Hamama litigation help?
1. Stay of removal/Preliminary injunction
On July 24, Judge Goldsmith entered a preliminary injunction barring:
The enforcement of any final order of removal applicable to an Iraqi national who was the subject of a final order of removal on June 24, 2017.
Each covered individual is given 90 days to file a motion to reopen (MTR) their case.
The 90 day clock starts the day the government produces the individual’s A-File and Record of Proceeding. (See next slide.)

5. How does the Hamama litigation help?
2. A-FILE/ROP Production
The government is required to provide each detainee with his DHS A-File and EOIR Record of Proceeding (ROP).
When? November 6 for anyone who’s filed an MTR already (since March); November 27 for anyone else.
Produce to who?
To the lawyer of record (E-27, E-28. (G-28? We’re worried about the G-28s)
If there is no lawyer of record, to the detainee’s designee (including counsel), using an agreed on form. It’s posted at the resources page.
If the detainee approves, to the Hamama litigation team, using the posted form.
Produce how?
PDF format

6. How does the Hamama litigation help?
3. Detention???
Most of the class members have been in detention since June -- 5 months.
For those who haven’t yet filed an Motion to Reopen, that means a year or more of detention is likely (time to get A-File, file MTR, litigate merits)
The Hamama team filed a second preliminary injunction motion, Nov. 7.
It seeks the release of essentially all class members, on the grounds that their removal is not “significantly likely in the reasonably foreseeable future.” Also other claims relating to mandatory detention/bond.
Briefing through November; argument in December. Decision ??

7. How does the Hamama litigation help?
4. Coordination/Resources
Periodic updates and news (via )
Sample briefs for IJ and BIA MTRs and fear-based claims.
Potential for consolidated presentation of country condition evidence
Amicus briefs in the BIA
Amicus briefs in the 6th Circuit, on PFRs

8. Stay informed https://www.aclu.org/cases/hamama-v-adducci
(all major filings/briefs/orders)

9. Stay in touch hamama@aclumich.org We need:
Your contact info
Your help:
We may ask for pleadings, decisions, outcomes, etc.
We may ask you to help out another lawyer if you’re heading to a detention facility, by getting signatures or the like.