African Immigrant Rights Council

October 17,2025

From the Desk of the Executive Director

On October 7, 2025, U.S. District Judge Adam B. Abelson issued a 24-page opinion in Cruz-Medina v. Noem (Case No. 25-cv-01768, District of Maryland), granting a preliminary injunction to protect Jose Cruz-Medina, a man from Honduras, from being deported to Mexico before an immigration judge could review his case.
You can read the full decision here : Cruz-Medin v.Noem

What is a Preliminary Injunction?
A preliminary injunction is a temporary court order that stops the government or another party from taking an action—like deportation—until the court can fully review the case.
It’s meant to prevent serious or irreversible harm, such as being sent to a country where someone could face danger, before all the facts are heard.

Why this case matters:
The court ruled that Cruz-Medina has a constitutional right to due process, meaning his fear of persecution or torture must be reviewed by an immigration judge—not just an asylum officer—before any removal happens.

Lessons for African asylum seekers:

  • You have the right to fair process when facing deportation.
  • If your asylum or fear claim is denied, you can ask a court to pause your removal through a preliminary injunction until your case is reviewed.
  • Always seek legal help—a lawyer or advocate can guide you on how to use legal protections like this.

This case shows that even within strict immigration systems, the courts can uphold fairness and protect people from being sent to danger without a fair hearing.

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