DOJ to appeal after judge refuses to recuse from immigration case
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A federal judge in Minnesota has refused to recuse himself from an immigration case despite a conflict of interest issue with his wife’s law work.
The U.S. Department of Justice plans to appeal the judge’s decision, which called the government’s motion “inappropriate, untimely, and without merit.”
Last week, the Justice Department moved to formally disqualify U.S. District Judge Jeffrey Bryan, arguing that his impartiality could reasonably be questioned because his wife served as Minnesota’s attorney general under Democratic Attorney General Keith Ellison and led a separate lawsuit challenging federal immigration enforcement actions at issue in Bryan’s courtroom.
The DOJ emphasized in its filing that federal law requires recusal in cases where “a judge’s impartiality could reasonably be questioned,” and noted that the standard aims to avoid even “the appearance of bias,” noting that “the public’s perception of bias can undermine confidence in the courts.”
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U.S. District Judge Jeffrey Bryan, who is in a 2023 confirmation hearing, has refused to recuse himself from a Minnesota immigration case. (Alex Wong/Getty Images; Senate Judiciary Committee)
The motion noted a significant overlap between the habeas case before Bryan and the state case filed by his wife; Both were challenging the legality of “Operation Subway Surge,” a large-scale federal immigration enforcement effort.
Both lawsuits allege federal agents conducted “wrongful arrests,” engaged in “racial profiling,” and “terrorized, assaulted, and harassed” individuals, according to the filing.
The DOJ emphasized that the question is not whether Bryan was personally biased, but whether a reasonable observer could question his impartiality given the circumstances.
“The Court should consider whether the public might reasonably question Judge Bryan’s impartiality,” U.S. Attorney Daniel Rosen’s application states. He concluded.
Minnesota Attorney General Keith Ellison is suing outgoing Department of Homeland Security Secretary Kristi Noem for illegal and unconstitutional actions over Operation Metro Surge. (SAUL LOEB/AFP; Victor J. Blue/Bloomberg)
The department also stated that Bryan “failed to disclose the marital relationship to the parties,” arguing that the disclosure was a prerequisite for a potential conflict waiver under federal law.
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Judge Bryan denied the motion to dismiss and allowed the case to remain. The Justice Department has indicated it will appeal the ruling, setting up a potential supreme court review of withdrawal standards and their application in politically charged immigration cases.
Outgoing DHS Secretary Krisit Noem is one of those named in the lawsuit. (Graeme Sloan/Bloomberg via Getty Images)
The dispute comes amid broader legal battles over Operation Metro Surge, which plaintiffs argue involves unconstitutional enforcement tactics; federal officials defended it as a legal exercise of immigration authority.
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Fox News’ David Spunt contributed to this report.
