milwaukee — A federal judge on Wednesday considered whether to overturn a jury’s guilty verdict against a former Wisconsinite Judge Hannah Dugganwho was convicted of felony obstruction for helping an immigrant evade federal officers.
The case was an early test of how the courts will respond to President Donald Trump’s sweep Immigration campaign.
Duggan was scheduled to be sentenced on Wednesday, but U.S. District Judge Lynn Adelman postponed the proceedings indefinitely to instead hear arguments on whether to overturn her conviction.
Adelman did not rule from the bench and did not indicate when he might issue his decision. Dogan and lawyers for both sides left the courtroom without commenting to reporters.
Duggan’s attorney, Stephen Biskupic, argued that her conviction was invalid and should be overturned. He said that was necessary because a federal appeals court in April overturned a key Virginia immigration case that the judge and prosecutors had cited in the Duggan case.
Based on the 4th U.S. Circuit Court of Appeals overturning that ruling, Dugan was improperly convicted, as a procedural matter, under a particular federal law, Biskupic said.
“Our basic argument is that this was an invalid theory of conviction,” Biskupic said.
In the Virginia case, an immigrant who was in the country illegally was detained by U.S. Immigration and Customs Enforcement agents and later escaped. He was arrested again and charged with obstructing pending immigration proceedings.
A federal appeals court found that ICE’s action did not constitute a “pending action,” as required under the federal obstruction statute.
Duggan’s lawyers say she should not have been charged because there were no “pending proceedings” against the immigrant in the courtroom that ICE agents were searching for, only an arrest warrant issued for his arrest. Filing a warrant does not constitute an “action” under the law, Biskupic said.
Prosecutors countered that the facts in the Virginia case were different and did not apply to Duggan’s case. They also argued that other cases support Duggan’s conviction.
“The court should stand by its ruling,” said Richard Froehling, acting U.S. Attorney for the Eastern District of Wisconsin.
In response to a question from the judge, he asserted that the Court of Appeals erred in overturning the Virginia case. The judge also questioned Frohling about what constitutes an action under the law and how long it lasts.
“It could take a few minutes, or it could take a few years,” Froehling said. “It all depends on the context.”
Duggan, 67, faces up to five years in prison after a jury found her guilty on December 19. But Duggan is unlikely to receive a prison sentence. Federal sentencing guidelines generally call for probation for defendants like her who have no criminal history and are convicted of a nonviolent crime.
She resigned From her position as a Milwaukee County circuit judge two weeks after her conviction amid threats of impeachment from Republican state lawmakers. She was a judge for nine years.
Duggan was present at Wednesday’s arguments but did not speak.
The Trump administration filed the case against Duggan while the president continued his sweeping campaign Immigration campaign. The Trump administration and its allies described Dugan as an activist judge, while Dugan’s lawyers said she was unfairly targeted and argued, unsuccessfully, that she was immune from charges because she was a judge.
Duggan’s case was the first time a judge in Wisconsin had been prosecuted for obstruction of immigration officials. She was acquitted of concealing an individual to prevent arrest, a misdemeanor.
On April 18, 2025, immigration officers went to Milwaukee County Court After learning that Eduardo Flores Ruiz had returned to the country illegally and was scheduled to appear before Duggan for a hearing in a state battery case.
Dugan confronted the agents outside the courtroom and directed them to the chief judge’s office as she told them that their administrative arrest warrant was not sufficient cause to arrest Flores-Ruiz.
After the agents left, Flores led Ruiz and his attorney to the door of the private jury. Agents spotted Flores-Ruiz in the hallway, followed him outside and arrested him after a foot chase. A week later, FBI agents arrested Dugan in the courtroom and took her outside in handcuffs.
It was Flores Ruiz He was deported In November.