| DHS Moves to
Dismiss Asylum Seeker Suit For Bond
Hearing Saying Habeus Not APA Is Way
By Matthew
Russell Lee, Patreon
BBC
- Guardian
UK - Honduras
- ESPN
SDNY COURTHOUSE,
Feb 24 – Jorge Luis
Valez-Chavez had lived in the
U.S. for fifteen years and had
a pending asylum application
for asylum when he was
arrested and detained by DHS
on February 28, 2020.
He has sued for a
bond hearing in which the
Government will bear the
burden of proof by clear and
convincing
evidence.
On
February 24, U.S. District
Court for the Southern
District of New York Judge
Andrew L. Carter held a
proceeding. Inner City Press
covered it.
The U.S.
government is moving to
dismiss, saying Valez-Chavez
cannot sue under the APA but
must filed a habeas corpus
petition.
Judge
Carter asked questions, at one
point giving the parties two
minutes to gather their
thoughts before replying.
The case is
Valez-Chavez v. McHenry et
al., 21-cv-296 (Carter)
***
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