Guerra-Castaneda v. United States of America, No. 1:22-cv-10711 (filed D. Mass. May 10, 2022) 

On May 10, 2022, the ACLU of New Hampshire along with Preti Flaherty LLP, filed this lawsuit on behalf of Plaintiff. Plaintiff sought damages based on an unlawful deportation by the Department of Homeland Security and Immigration and Customs Enforcement in September 2019. Plaintiff was deported despite two federal court orders to keep him in the United States while his case for asylum was pending.

After Plaintiff was deported, he was detained in a prison in El Salvador for 297 days where he was tortured, experienced inhumane conditions, and endured physical and emotional trauma. Defendants filed a motion to dismiss Plaintiff’s claims. On February 16, 2023, the district court denied Defendants’ motion and the case will proceed.

Documents:

• Complaint
• Defendants’ Brief in Support of Motion to Dismiss
• Plaintiff’s Opposition to Defendants’ Motion to Dismiss
• District Court Order Denying the Motion to Dismiss

Counsel: ACLU of New Hampshire, Preti Flaherty Beliveau & Pachios PLLP

Contact: SangYeob Kim, ACLU of New Hampshire, SangYeob@aclu-nh.org.

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