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SDNY Judge Frees Guatemalan Jailed by ICE Without Individualized Findings New Precedent

by Matthew Russell Lee, Patreon Book Substack

SDNY Exclusive, Nov 14 – A man from Guatemala who was detained by ICE outside his home in Queens on November 4 and has been detained at Delaney Hall in Newark, New Jersey since has been ordered released by U.S. District Court for the Southern District of New York Judge Analisa Torres.

   The November 14 decision has already been cited in other pending habeas proceedings.  

 Judge Torres' 12-page ruling says ICE detained Jose Javier Cuy Comes without an individualized determination as to his risk of flight or his danger to the community let alone affording him notice or an opportunity to be heard. 

 The case is Cuy Comes v. DeLeon, et al., 1:25-cv-9283 (Torres)

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