Mother and adult daughter fear ICE detention at USCIS interview despite pending relative petition
Aug 4, 2026·Location: Portland, OR
The petitioners, a mother and her adult daughter, entered the United States in March 2014 and later applied for asylum, which was denied; they were ordered removed in December 2015, and their appeal was dismissed in 2017. The mother married a U.S. citizen in May 2022, and her husband filed I-130 relative petitions for both her and her daughter in August 2023. Their I-130 interviews were scheduled for August 5, 2026 at the USCIS Field Office in Portland, Oregon. Fearing that ICE would detain and deport them at that interview based on broader administration enforcement policies rather than an individualized assessment, they filed a habeas corpus petition and sought a temporary restraining order. They argued detention and removal would violate their Fifth Amendment due process rights and would preempt a motion to reopen their removal proceedings. The court found a reasonable likelihood they would be detained and quickly transferred out of Oregon, which lacks an immigration detention facility, potentially undermining its jurisdiction. The court issued an order under the All Writs Act barring the government from arresting, detaining, or deporting the petitioners during the pendency of the case, and denied the TRO motion as moot given this relief.
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