For Immediate Release
***Media Advisory***
New York, NY: On Monday, October 29, 2018, at 10 a.m., the U.S. Court of Appeals for the Second Circuit will hear oral argument in Ragbir v. Homan, a First Amendment case challenging the government’s retaliation against immigrant activists for speaking out against immigration policies. The plaintiffs of Ragbir v. Homan seek, among other things, a court order restraining the government from deporting and otherwise targeting immigrant activists based on their protected political speech.
The Government’s attempt to silence its critics is exemplified by its targeting of New York immigrant rights leader, Ravi Ragbir, who was surveilled, arrested, and flown to Florida for deportation, in defiance of the government’s own regulations, protocol and procedure. This targeting and retaliation of its critics is unconstitutional and has a chilling effect on all those who would speak out against the Government, both citizen and noncitizen alike.
Numerous immigrant rights groups, faith leaders, elected officials, and directly impacted individuals have submitted briefs in support of the plaintiffs in this case. Their briefing is available at https://istandwithravi.org/category/legal-updates/
Stanton Jones of Arnold & Porter will deliver oral argument in the case. After oral argument, attendees and community members will gather outside of the courthouse for a press conference, featuring key figures in the lawsuit and in the community, including Mr. Ragbir, Mr. Jones and other members of Mr. Ragbir’s legal team, faith leaders, and The Hon. Tish James, Public Advocate for the City of New York.
What: A court hearing and press conference about whether the government can retaliate against people who speak out against immigration policies by targeting and deporting them.
When: Monday, October 29, 2018 at 10 a.m. (Ragbir v. Homan is the fourth case scheduled that morning)
Where: U.S. Court of Appeals for the Second Circuit, 40 Foley Square, Room 1703, New York, NY. A press conference will follow immediately after argument in Foley Square.
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When and Where:
On Wednesday, May 23rd, the Honorable Kevin Castel of the Federal District Court of the Southern District of New York denied Mr. Ragbir and others’ request for a preliminary and permanent injunction to prevent ICE from deporting Mr. Ragbir unless ICE could demonstrate that its actions were untainted by unlawful retaliation against Mr. Ragbir for exercising his First Amendment Rights to speak out against the injustices of our immigration system. Judge Castel’s ruling does not foreclose Mr. Ragbir and plaintiff organizations’ additional claims, which aim to vindicate the rights of immigrants who have been targeted by ICE on the basis of their protected speech regarding U.S. immigration law and policy. Judge Castel issued his ruling despite six amici briefs—including from faith leaders, several immigrant rights organizations, and local, state and federal elected officials–detailing the chilling effect that ICE’s targeting of immigrant activists has had on communities nationwide. Plaintiffs intend to appeal Judge Castel’s decision.
On Friday, March 23rd, the Honorable Kevin McNulty of the Federal District Court of New Jersey granted Mr. Ragbir a stay of deportation pending the Court’s consideration of his underlying legal case, a “coram nobis petition” that challenges fundamental errors in his criminal conviction and sentence. In his order, Judge McNulty emphasized the importance of ensuring access to courts for immigrants in pending cases: “The power to stay removal pending decision of a coram nobis petition is constitutionally required, to the extent it is necessary to ensure due process and meaningful access to the courts.” Judge McNulty granted the stay, noting in part the “irreparable harm” Mr. Ragbir would suffer if deported before his case was fully considered. 
FOR RELEASE MARCH 7,2018