In a case that has become a lightning rod for the complexities of modern U.S. immigration enforcement, Seamus Culleton, an Irish national and long-term Boston resident, has secured a critical, eleventh-hour lifeline. On Friday, the First Circuit Court of Appeals granted a temporary 10-business-day stay on his deportation, pausing a removal process that was expected to conclude with his arrival in Dublin this week.
Culleton, 38, originally from Glenmore, Co. Kilkenny, has spent nearly two decades building a life in the United States. A plastering contractor and business owner, he is married to Tiffany Smyth, a U.S. citizen. However, since September 2025, he has been held at the Camp East Montana ICE facility in El Paso—a desert detention center he has described in harrowing radio interviews as “absolute hell” and a “modern-day concentration camp.”
The Legal Tightrope: Business, Marriage, and the VWP
The core of the legal battle lies in Culleton’s 2009 entry under the Visa Waiver Program (VWP). While the program allows for easy entry, it requires participants to waive their right to contest deportation if they overstay the 90-day limit.
Despite this, Culleton’s defense, led by BOS Legal Group, argues for “favorable discretion.” Their case for his residency is built on three pillars:
- Bona Fide Ties: A nearly 20-year history of tax-paying business ownership and a stable marriage to a U.S. citizen.
- Pending Status: Culleton was in the midst of a green card application and held a valid work permit at the time of his arrest.
- Clean Domestic Record: His legal team maintains he has “no criminal entries” during his two decades in the U.S., presenting no threat to public safety.
A Complicated History
The case took a nuanced turn recently when reports surfaced regarding decade-old bench warrants in Ireland dating back to 2009. While these historical allegations have fuelled administrative arguments for his removal, supporters argue they should not outweigh twenty years of “model” residency in the U.S., especially as his current life is inextricably tied to American soil.
The U.S. Department of Homeland Security (DHS) maintains a firm stance: a pending application does not override a final order of removal. Assistant Secretary Tricia McLaughlin recently noted that Culleton “received full due process” and was issued an order of removal on September 10, 2025.
Why the Next 10 Days Matter
This stay is more than a delay; it is a strategic window. It allows the First Circuit to review a Petition for Review and an emergency motion that seeks to reconcile the conflicting branches of the U.S. government—one that authorized his work and processed his marriage petition, and another that seeks his immediate expulsion.
The outcome of the Culleton v. Bondi filing will likely set a precedent for how the U.S. handles “non-criminal” overstays involving individuals with deep-rooted community and economic contributions.
Global Attention
The story has reached the highest levels of Irish government. Sinn Féin leader Mary Lou McDonald has raised the case in the Dáil, and there are growing calls for Taoiseach Micheál Martin to address the plight of “undocumented” Irish citizens during his upcoming meeting with President Donald Trump.
For now, the man from Glenmore remains in a Texas tent, waiting for a court to decide if the life he built over 18 years is enough to keep him from a one-way flight back to a country he hasn’t called home in half a lifetime.
ICE (Immigration and Customs Enforcement), Flickr Picture by Mike Goad (exit78)
