Franco-Gonzalez v. Holder

Maksim Zhalezny (plaintiff) came to the United States with his parents as a teenager from their native Belarus and became a lawful permanent resident. Immigration and Customs Enforcement (defendant) began removal proceedings against Zhalezny after he was convicted of thefts and burglary. Zhalezny was diagnosed with schizophrenia and was mentally incompetent and therefore unable to understand the nature of the immigration proceedings. The immigration judge adjudicating the removal proceedings made repeated efforts to obtain pro bono counsel for Zhalezny or involve Zhalezny’s parents in the proceedings and eventually asked Zhalezny’s father, Piotr, to consent to serve as a representative for Zhalezny. Piotr had only a basic knowledge of English, worked full-time as a newspaper deliveryman to support the family, required a translator, and did not understand the immigration proceedings or the charges that his son faced. The American Civil Liberties Union (ACLU) filed a letter on Zhalezny’s behalf stating that he would not have a fair removal hearing without attorney representation and eventually brought a class-action suit on behalf of mentally disabled immigration detainees that Zhalezny joined. As part of the class, Zhalezny filed a motion for a preliminary injunction to have a representative appointed either pro bono or at the government’s expense and for his release from detention. The matter came before the district court.