In SDNY Ixcoy Caal Got Stay
Citing Bureau of Immigration Appeal Now Amicus
Brief Proposed
By Matthew
Russell Lee, Exclusive Patreon
BBC
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SDNY COURTHOUSE,
Jan 23 – Luis Gerardo Ixcoy
Caal got a judicial stay on
January 16, with legal papers
due January 24 and January 31
and a hearing on them on
February 11.
The U.S.
government lawyer objected to
the stay and asked for a copy
of it. Inner City Press, alone
in the courtroom gallery,
asked for the docket number of
the case, which even an hour
after the proceeding had no
live link, no information
beyond the name of the case.
But that day in the courtroom
it was told there would be
interest in filing an amicus
brief, see below.
In
an emergency proceeding before
U.S. District Court for the
Southern District Judge P.
Kevin Castel,
setting as the Part I or
fill-in judge, Make the Road
New York argued for a stay.
The case had been assigned or
"wheeled out" to Judge Paul A.
Engelmayer,
but he was not available.
Judge Castel corrected the
government's lawyer as to
Section 1252(g), and said that
he was granting the stay in
part in other to consider and
be brief on the topic of his
jurisdiction. He telephoned
Judge Engelmayer's chamber and
got the February 11 conference
date; he said he would
transfer the papers there.
Now on January 23, the Kathryn
O. Greenberg Immigration
Justice Clinic at the Benjamin
N. Cardozo School of Law has
written to Judge Englemayer,
asking for a modification of
the briefing schedule to allow
them to file an amicus brief
on behalf of 19-year old Ixcoy
Caal. Make the Road
suggested February 14 for the
amicus submission, February 28
for the government and March 6
for their reply. Now the ball
is in Judge Engelmayer's
court. The case is Ixcoy Caal
v. Decker et al., 20-cv-439
(Engelmayer). Watch this site.
***
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