In mid-February 2026, the case of Seamus Culleton reached a pivotal legal juncture. On Friday, February 13, 2026, the First Circuit Court of Appeals granted a 10-day emergency stay on his deportation, preventing his immediate removal to Ireland which had been scheduled for Tuesday, February 17.
Culleton, a 42-year-old construction entrepreneur from County Kilkenny who has lived in the Boston area for nearly 20 years, has been in ICE detention since September 2025.
The Legal Dispute: Status vs. Enforcement
The case highlights a complex “grey area” in 2026 U.S. immigration enforcement, where an individual’s right to work and their legal right to remain in the country can be at odds.
Culleton’s Defense: His legal team, led by BOS Legal Group, argues that Culleton should be released to attend his final green card interview. He is married to a U.S. citizen, Tiffany Smyth, and holds a valid work permit issued as part of his pending adjustment-of-status application.
DHS Position: The Department of Homeland Security (DHS) maintains that Culleton entered via the Visa Waiver Program in 2009 and overstayed for 16 years. Assistant Secretary Tricia McLaughlin stated that a pending green card application does not grant legal status, and that Culleton has already received “full due process” with a final removal order issued in September 2025.
The “Torture” Allegations: From the El Paso Processing Center in Texas, Culleton has described his detention conditions as “psychological and physical torture,” citing overcrowding and squalid facilities.
Political and Diplomatic Pressure
The case has sparked a significant diplomatic dialogue between the U.S. and Ireland as the March St. Patrick’s Day visit to Washington approaches.
Irish Government Intervention: Taoiseach Micheál Martin has expressed “deep concern” regarding the conditions of Culleton’s detention. The Irish Department of Foreign Affairs is providing consular assistance and engaging with DHS at senior levels.
National Debate: In Ireland, the case has become polarizing. While many view Culleton as a victim of a “draconian” system, recent reports regarding an outstanding 2009 warrant in Ireland for drug possession and comments from his daughters have added complexity to the public narrative.
Timeline of the Case
| Date | Event | Result |
| Sept 9, 2025 | Arrested in Boston | Detained by ICE during a routine hardware store trip. |
| Nov 2025 | Bond Hearing | Judge approved $4,000 bond; ICE later overturned it. |
| Feb 13, 2026 | First Circuit Appeal | 10-day emergency stay granted by the court. |
| Feb 17, 2026 | Scheduled Deportation | Halted by the court’s temporary order. |
| Early March 2026 | Next Deadline | Expected court ruling after the U.S. government responds. |
