In an order dismissing an immigration case on Thursday, Judge Hala Y. Jarbou of the Western District of Michigan said the government cited a Sixth Circuit case in one of its filings that the court could not identify.
"It seems this citation was likely produced by generative artificial intelligence," Judge Jarbou wrote in her order.
"It should be obvious that any attorney who uses AI must scrupulously review its work product to ensure that the cited cases exist and that the citations accurately and fairly represent the underlying case law," the judge said.
"Although the court will not presently impose sanctions for this conduct," the judge continued, "it goes without saying that the government must ensure its future filings with this court do not include nonexistent case law."
The underlying case involves an individual detained by U.S. Immigration and Customs Enforcement, Izzeddin Daghra, who filed a habeas corpus petition. In arguing that the federal court does not have the authority to intervene in the case, the government cited a Sixth Circuit case titled "Taylor v. Hott."
"The cited case, Taylor v. Hott, is not located at the identified page of the Federal Appendix. … In its research, the court was unable to identify a Sixth Circuit case with the caption Taylor v. Hott, or any federal case containing the quoted language," Judge Jarbou wrote.
Daghra's attorney, Alissa Heynen of the Michigan Immigrant Rights Center, told Law360 on Friday, "We are disappointed" by the situation as habeas cases "are incredibly important" to people's freedom.
"We expect the government to treat each case with respect and diligence, and it's frustrating to hear that might not be the case all the time," Heynen said.
The government allowed Daghra to pay the bond initially ordered by an immigration judge, and because of that the habeas case was dismissed.
The attorney for the government did not immediately respond for comment on Friday.
Izzeddin Daghra is represented by Alissa Heynen of the Michigan Immigrant Rights Center.
Kevin Raycraft, acting Detroit field office director for Immigration and Customs Enforcement; Homeland Security Secretary Markwayne Mullin; and acting Attorney General Todd Blanche are represented by Carolyn Ann Almassian of the U.S. Attorney's Office for the Western District of Michigan.
The case is Daghra v. Hinkley et al., case number 1:26-cv-01429, in the U.S. District Court for the Western District of Michigan.
--Editing by Robert Rudinger.
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