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Home Featured News Judge in immigration case declines to recuse himself over wife’s lawsuit against...

Judge in immigration case declines to recuse himself over wife’s lawsuit against Trump crackdown

U.S. Attorney Daniel Rosen filed a motion seeking to disqualify the judge, arguing that he failed to disclose that his wife is leading a separate lawsuit against the federal government challenging the same enforcement operation at the center of the case.

Left: U.S. Attorney Daniel Rosen/Alpha News; Right: Judge Jeffrey Bryan/Minnesota State Law Library

A federal judge in Minnesota has declined to recuse himself from an immigration case, saying the U.S. attorney’s motion to disqualify the judge “lacks merit.”

Minnesota U.S. Attorney Daniel Rosen filed a motion Thursday seeking to disqualify the judge, arguing that he failed to disclose that his wife is leading a separate lawsuit against the federal government challenging the same enforcement operation at the center of the case.

The motion, filed in U.S. District Court, asked that Judge Jeffrey Bryan step aside from a habeas corpus case involving an individual arrested during Operation Metro Surge, a federal immigration enforcement initiative launched under President Donald Trump.

According to the filing, Bryan’s wife — Minnesota Solicitor General Liz Kramer — is serving as lead counsel in a separate lawsuit brought by the State of Minnesota challenging the legality of the same federal enforcement operation.

“Judge Bryan did not disclose his marriage relationship to that lead counsel, the Solicitor General of Minnesota, Liz Kramer, to the parties in this case,” the motion states.

Court filing cites undisclosed marriage

Rosen’s motion argues that the judge’s marriage to Kramer creates at least the appearance of a conflict because she is actively litigating similar claims against the same federal defendants.

“Public media sources reported that the ‘Lead Counsel’ for the plaintiff in State of Minnesota, et al., v. Kristi Noem, et al … is the spouse of Judge Jeffrey Bryan, the judge of this and other habeas corpus matters brought in the United States District Court for the District of Minnesota,” the motion states.

The filing notes that the same federal defendants appear in both cases.

“The three Respondents in this case (and many other habeas cases) are named defendants in Minnesota v. Noem,” Rosen wrote.

The state’s lawsuit challenges the legality of the immigration enforcement operation itself.

Minnesota v. Noem is centered on allegations that the federal government’s Operation Metro Surge was unlawful and unconstitutional and alleges widespread unlawful actions by federal law enforcement in the arrests and detention of individuals,” the motion states.

The petitioner — Tong Xiong — is raising similar allegations.

“In this case, the Petitioner alleges that he was one of those unlawfully and unconstitutionally arrested and detained in Operation Metro Surge,” the filing states.

Rosen’s motion further argues that Bryan never disclosed his relationship to Kramer during the proceedings.

“In light of Solicitor General Kramer’s role in advancing the state’s litigation position, which clearly aligns with the claims asserted by the Petitioner here; and the fact Respondents in these habeas cases reject the assertions that Solicitor General Kramer has made, the court must consider whether the public might reasonably question Judge Bryan’s impartiality,” the motion concludes.

On Friday, Judge Bryan denied Rosen’s motion “as procedurally improper, untimely, and lacking merit.”

“Accordingly, no reasonable person could believe that marriage to General Kramer — who represents the State of Minnesota in its suit about federalism in relation to Operation Metro Surge — affects the undersigned’s view of habeas relief and documentation of Respondents’ return of Petitioner’s property,” Bryan wrote.

Rosen and Bryan sparred in court last week in a hearing on some of the immigration cases where Bryan threatened to hold Rosen in contempt.

 

Jenna Gloeb

Jenna Gloeb is an Edward R. Murrow Award-winning journalist, media producer, public speaker, and screenwriter. Most recently, she worked as a reporter and on-air host for CCX Media. Jenna is a Minnesota native and resides in the Twin Cities with her husband, son, daughter, and two dogs.