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BOS Legal provides comprehensive legal assistance in immigration, criminal defense, estate planning, and family law. Our empathetic team is committed to safeguarding clients’ interests, offering informed guidance and support throughout their legal journey. Recognized with the Avvo Client’s Choice 2017 award for criminal defense, immigration, estate planning, and divorce, we take our clients’ freedom and financial future seriously, sparing no effort to secure favorable outcomes. At BOS Legal, we believe in unlocking justice for every individual, fighting against unfair treatment and ensuring that everyone receives the legal representation they deserve. With experience and passion, we’re dedicated to restoring faith in the justice system, one client at a time.

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PRESS RELEASE

As Marriage‑Based Petition Nears Decision, Massachusetts Resident Seamus Culleton Faces Imminent Deportation

Seamus Culleton (“Culleton”) has been in Immigration and Customs Enforcement (ICE) custody since September 9, 2025. Within days of his arrest in Massachusetts, ICE transferred Culleton to the Batavia, New York, ICE Facility, where he was detained for approximately two weeks. He was then moved to his current location at the ERO East Montana ICE Detention Camp in El Paso, Texas, where he has now been held for more than four months.

Culleton entered the United States through the Visa Waiver Program (VWP) in March 2009, which permits entrants to remain in the United States for up to 90 days. He overstayed that period. Under the VWP, participants waive the right to contest removal except when

seeking asylum. In those cases, the entrant may appear before an immigration judge solely to adjudicate the asylum claim.

VWP entrants are otherwise subject to a summary administrative removal process handled exclusively by the Department of Homeland Security (DHS) and ICE. This process requires that the government adhere to specific procedural safeguards, including providing written notice of its intent to remove the individual and allowing the entrant 48 hours to challenge the removal.

Historically, U.S. immigration law and policy have recognized the importance of family unity and have permitted immediate relatives of U.S. citizens to adjust their immigration status even when they have overstayed a visa. USCIS policy memos and guidance support the approval of marriage-based adjustment applications filed by VWP entrants, and DHS has routinely exercised favorable discretion in such cases, including cases like Culleton’s where a marriage-based adjustment application is already pending.

Culleton has lived in the United States for nearly two decades. He founded a small

plastering business, built strong community ties in Massachusetts, and has no criminal history. He is married to a U.S. citizen, Tiffany Smith. Together they filed an I-130 alien relative petition and I-485 adjustment of status application well before his arrest. USCIS had already begun processing his case and approved his Employment Authorization

Document (EAD) associated with his green card application.

Despite notifying ICE of his pending immigration applications at the time of arrest, Culleton remained detained. He was scheduled for his marriage-based green card interview in November and December 2025, but USCIS denied requests for him to appear

telephonically from custody.

A habeas petition challenging his continued detention was filed in the U.S. District Court for the Western District of Texas. On January 23, 2026, the court denied the petition,

concluding that under existing Fifth Circuit precedent VWP entrants have no due process rights to contest their removal. The case also raised concerns regarding lack of proper notice and disputed signatures on documents ICE claimed were served on Culleton.

Although the court noted procedural irregularities, it ultimately ruled that Culleton likely signed the documents, attributing inconsistencies in his testimony to sleep deprivation caused by detention conditions.

Case: Seamus Thomas Culleton v. De Anda-Ybarra et al., 3:25-cv-00554-KC.

Today marks five months of detention under harsh conditions that Culleton has publicly described in detail. He faces the risk of removal at any time. His legal representatives are

requesting his immediate release so he may complete his immigration process and reunite with his wife and community. They also ask DHS and ICE to rescind the administrative

removal order issued on November 14, 2025.

Culleton poses no danger to the public and does not fall within any enforcement priority category. He has strong ties to the United States, a pending marriage-based immigration case, and a long history of peaceful residence and community contribution. U.S.

immigration law emphasizes family unity and humane enforcement principles that strongly support the exercise of discretion in his case.

Culleton and his family respectfully request that DHS and ICE rescind his removal order and release him from custody so he can conclude his lawful immigration process.

Media Contact:

Ogor Winnie Okoye, Esq.
Counsel for Seamus Thomas Culleton
781 596 0151
Owo@boslegals.com

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