Irish ICE detainee given last-minute reprieve

The Kilkenny man, 38, remains in the ICE detention facility in El Paso, Texas, in the US, despite efforts to deport him to Ireland yesterday, where he was expected to land in Dublin Airport.

A last-ditch motion was brought by his attorney, Ogor Winnie Okoye, of BOS Legal, to stop his removal from the country where he has been living illegally for more than 16 years.

"Following a Petition for Review (PFR) of his administrative final removal order and an ex parte motion to stay, Culleton’s removal filed by our firm on his behalf, the First Circuit Court of Appeals on Friday, February 13, 2025, entered a temporary order staying Culleton’s removal for the next ten business days,’ his lawyer said in a statement released yesterday.

"The court ordered the government to file their response which is due in the coming days."

She said Mr Culleton has lived in the US for nearly two decades.

Seamus Culleton.

"He has no criminal entries since living in the United States. Culleton is married to a US citizen, presents no public safety concerns, and has strong familial and community ties in the United States.

 "Culleton has been separated from his wife, Tiffany, and his family for over five months.

"Our legal team remains focused on securing his release from ICE custody and obtaining the immigration relief necessary for him to be reunited with his wife and to remain in the United States with his family.

"We are committed to advocating for Culleton’s right to remain in the United States based on legal merits of his case.

"Our focus is on reuniting him with his spouse and ensuring that justice is served within the bounds of our laws."

Seamus Culleton and Tiffany Smith.

BOS Legal Group said it will not be commenting on personal or family matters "unrelated" to legal representation at this time.

This was in reference to revelations in our sister paper, the Irish Mail on Sunday, that Culleton had two daughters who say he "abandoned" them when they were just 18 months old.

Mr Culleton went public with his case and was interviewed on RTÉ’s Liveline from the facility earlier this month, where he compared conditions in the detention centre to a ‘modern-day concentration camp’ where he had ‘barely any’ time outdoors.

He was arrested by ICE agents on his way home from work in Boston last September where he runs a plastering business. He was been in ICE detention for five months.

On Liveline, he said he would like Taoiseach Micheál Martin to raise his case with US President Donald Trump during his meeting at the White House, on St Patrick’s Day.

The US Department of Homeland Security said Mr Culleton arrived in the US in 2009 under a visa waiver programme, which allows people to stay in the US for 90 days without a visa, but he did not leave the country after this period.

Seamus Culleton and Tiffany Smith.

His lawyer Ms Okoye, said the US government has historically given exemptions and forgiven certain immigration violations, such as working without authorization or overstaying, to immediate relatives of US citizens.

Ms Okoye said he had submitted a green card application before his arrest and was scheduled for his marriage-based green card interview in November.

The Mail revealed last week Mr Culleton had three drugs charges pending from 2008 before he left for the US.

The Irish Mail on Sunday then reported how he left his toddler twins behind in Kilkenny and they now want him to face justice.

It has also been confirmed the drugs charges against him are still "active" and it will be at the discretion of the Garda if he will appear in court, if and when he returns to Ireland. Gardaí would have to go to a district court to get a new warrant.

Meanwhile, a US attorney is offering Mr Culleton’s daughters, Heather and Melissa Morrissey, 18, his legal services for free, to try to seize $28,000 (€24,000) raised for Mr Culleton’s legal fees so it can be given to his children in lieu of 18 years’ worth of child maintenance.

Lawyer Marc Randazza, based in Nevada, believes the twins are due the money.

"If that money is still in GoFundMe’s accounts, then it can be reached," he said, adding: "People’s claims 'you’d have to sue in Ireland' are definitely not the case’ I just wanted to offer my services as I know I can help. Who does that to young children like that? I just want to help young women out."

* This article was originally published on Extra.ie.