SEAMUS CULLETON HAS been granted leave to remain in the United States until his appeal case against his deportation is heard. 

The 38-year-old Irishman, who is originally from Kilkenny, has lived in the US for over 20 years and is married to a US citizen. He entered the country on a visa waiver in 2009 but remained after the permitted 90 days. He has a valid work permit.  

He was detained by Immigration and Customs Enforcement (ICE) agents last September and subsequently taken to an Enforcement and Removal and Operations (ERO) camp in Texas, where he remains detained.

He unsuccessfully challenged his detention in January, with a judge ruling that he remains subject to a final order of removal from the US.

Last month, lawyers for Culleton won a 10-day stay on his deportation after they submitted an emergency motion, allowing him to stay in the country until the US government responded to his appeal.

It meant that Culleton could have been deported this week at the earliest.

In court papers dated 1 March, the first circuit court of the US Court of Appeals granted an order yesterday that will stay Culleton’s removal “pending the resolution of his petition for review”.

The court rejected the US government’s request for Culleton’s application to be dismissed “without prejudice to later pursuit of relevant arguments”.

Culleton had requested to be released from detention pending his appeal. But the court said he “has failed to explain why such a request properly might be entertained by this court at this juncture”. 

It also said that if his petition for review is eventually denied, “the stay of removal will expire when mandate issues”.

Last month, the BOS Legal Group in Massachusetts said that they were determined to secure the Kilkenny man’s release and reunite him with his wife.

“We are committed to advocating for Culleton’s right to remain in the United States based on legal merits of his case,” a statement from the law firm said.

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The firm said Culleton has resided in the US for nearly two decades and “has no criminal entries” since he has lived there. 

“Culleton is married to a US citizen, presents no public safety concerns, and has strong familial and community ties in the United States,” the firm continued, adding that he has been separated from his wife Tiffany for over five months.

It emerged last month that Culleton had a number of interactions with the justice system in Ireland before he moved to the US.

One incident involved the alleged possession for sale or supply of MDMA (ecstasy) and an attempt to get rid of the drugs when being searched by gardaí in 2008. He was charged with obstruction but did not appear in court and a bench warrant was issued for his arrest in April 2009, after he had moved to the US.

Separately, another bench warrant was issued for Culleton’s arrest after he failed to appear in court when facing criminal damage charges in September 2007.