| Jamaican Graham Wanted Out
of ICE Custody Amid Coronavirus But SDNY Judge
Castel Denies
By Matthew
Russell Lee, Patreon
BBC
- Decrypt
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Source
SDNY COURTHOUSE,
April 13 – Roland Graham, a 46
year old legal permanent
resident originally from
Jamaica amid Covid-19 on April
10 asked out of ICE custody in
the Orange County Correctional
Facility.
The hearing was
held before U.S. District
Court for the Southern
District of New York Judge P.
Kevin Castel, and Inner City
Press covered it.
Now on April 13
Inner City Press reported
Judge Castel's decision, that
"Graham has not shown a clear
and substantial likelihood of
success on the merits or the
likelihood of substantial hard
in the absence of injunctive
relief. The motion for a
preliminary injunction will
therefore be denied."
AUSA Li Yu says
there are single cells and
soap.
Judge Castel: I'd
like to hear about the legal
standard - what does the
petitioner need to show? And
is this on a request for a TRO
or an injunction? Even though
Judge Marrero has written on
this, that the standards are
essentially the same.
Petitioner's
lawyer: Extraordinary
circumstances to make the habeus
remedy effective --
Judge Castel: And
that's all? What about
deliberate indifference or
punitive detention?
Petitioner's
lawyer: Those claims are set
forth in our petition
too.
Judge Castel
asked, What other SDNY judges
have granted preliminary
injunctions, other than Judge
Torres?
Petitioner's
lawyer struggles with Judge
Oetken's last name but says
it; also cites this by Judge
Schofield, Inner City Press
reported here.
Petitioner's
lawyer says the Orange County
Jail is allowing inmates to
play sports, no lockdown.
Judge Castel
remarks that if you live in
Poughkeepsie & have a
backyard, you could play
sports too, though he calls it
inadvisable as it does not do
social distancing.
Judge
Castel said he reserved
decision but understood that
both side want a fast decision
out of him. Watch this site.
The case is Graham v. Decker,
et al., 20-cv-2423 (Castel).
***
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