| Man From El
Salvador Sued ICE in SDNY on MLK Day Now
Argues Due Process Violated
By Matthew
Russell Lee, Patreon
BBC
- Guardian
UK - Honduras
- ESPN
SDNY COURTHOUSE,
Feb 16 – A 22-year old man
from El Salvador is suing US
Homeland Security and ICE for
having detained him since
November 12, 2020 at Orange
County Jail in Goshen, New
York.
The
complaint, filed on Martin
Luther King's Day in the U.S.
District Court for the
Southern District of New York
and first reported by Inner
City Press on that day, says
Alexis Rivera Quintanilla's
administrative application for
release on bond was denied due
to a conviction for driving
while intoxicated and then
driving without an alcohol
interlock device and "other
infractions."
Rivera is
petitioning the SDNY for a
writ of habeus corpus base on
defects in the bond
proceeding, "at which the IJ
improperly allocated the
burden of proof on Mr. Mr.
Rivera and not on the
government."
The named
defendants include Peter T.
Gaynor, Acting Secretary of
Homeland Security and Thomas
Decker, Director of the New
York Field Office of
ICE.
The case was
assigned to District Judge
George B. Daniels, who held a
proceeding on February 16
which Inner City Press also
covered.
The
petitioner's lawyer argued
that immigration proceeding
reverse the presumption and
make people argue a negative,
that they are NOT a danger to
the community. It was argued
this violated the
Constitution, and due process.
The case is
Rivera Quintanilla v. Gaynor,
et al., 21-cv-417 (Daniels)
***
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