DHS issued a detainer on Luis Hernandez, a US-born citizen, confusing him with Honduran immigrant Luis Enrique Hernandez-Martinez.
Noting that "Hernandez" is the 11th most common name in the U.S., the Second Circuit revives the civil rights suit.
Doc: http://www.ca2.uscourts.gov/decisions/isysquery/4fa6d02e-9e85-4623-afe6-388cacef84e4/1/doc/18-1103_opn.pdf#xml=http://www.ca2.uscourts.gov/decisions/isysquery/4fa6d02e-9e85-4623-afe6-388cacef84e4/1/hilite/ …
“The government’s argument that it has probable cause based on the similar names ‘seems particularly rooted in the context of immigration enforcement and concerns about the interchangeability of foreign names,’” U.S. Circuit Judge Denny Chin wrote.
My write-up of a Second Circuit ruling reviving a lawsuit by a U.S. citizen detained because federal immigration officials thought his extremely common surname, Hernandez, was similar to a Honduran immigrant's. (It wasn't.)
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