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The prosecutor wrote that the government would withdraw several briefs that had relied on the memo, as well as certain statements made in oral arguments in federal court in September. Oestreicher wrote that a previous order from U.S. District Judge P. Kevin Castel would likely need to be “reconsidered and re-briefed.” In September, Castel ruled that ICE could make arrests in courthouses and also made it harder for judges to dismiss cases. https://newrepublic.com/post/208190/doj-ice-lies-immigration-court-arrests-nyc-new-york

I have an aunt that had an order of deportation 25 years ago for illegal entry into the country, when she entered she was caught and then released, there was later a court meeting she did not attend (she was unaware) and the judge ruled to give her a deportation order. This person stayed in the country, they are married to a resident who became a US citizen (she was been married to him since before she illegally). Now about 8 years ago the person started fixing up their status, they have 1 us citizen kid and are still married to the US citizen father of that kid.

With their lawyer they requested to stop their order of deportation (there was an argument that she never received the summons, I believe the case was reopened) which was granted and they also filed for the provisional waiver, the waiver would pardon her original illegal entry into the country. The process would then continue which would allow them to leave the country and reapply for a visa under a need to support her disabled child and father. They've been doing check ins for all those years, she was granted a work permit that is renewed yearly and everything was fine, the waiver was granted late last year. Problem is now the lawyer says they don't have an active stop for the order of deportation (apparently it's supposed to be renewed he had 2 requests which were both granted but then he stopped arguing under prior administrations once it was first granted there was no real risk of deportation specially during COVID so paying more to renew wasn't worth it).

This held true and after all those check ins she was never detained, there was never any issues. But without the stop, the next check in could be a risk, the lawyer tried filing for another stop of the order of deportation in july but he says it may not be granted in time for the next check in, next check in is next week.

Again the waiver was approved, everything was going well, there's no criminal record (other than the original illegal entry). Now they're waiting for the date of when they're supposed to fly out to request the visa, problem is this check in has them worried because the lawyer says under the new administration they don't follow traditional processes so something like being detained could be possible despite everything being fine for the last 8 years. Is she at serious risk?