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Robert Panton Remains in ICE Detention as SDNY Judge Mulls Ordering Release by ICE

by Matthew Russell Lee, Patreon Book Substack

SDNY COURTHOUSE, April 3 – On Robert Panton detained by ICE which says it is awaiting Jamaica travel documents to deport, a preliminary injunction hearing was held by U.S. District Court for the Southern District of New York Judge Katherine Polk Failla. She set another conference for April 4 at 11 am; a ruling is expected. Inner City Press live tweeted, from the thread:

Judge Failla: We're here on a preliminary injunction motion. 

Assistant US Attorney: Mr. Panton is detained pending the receipt of travel documents from Jamaica.  Judge: At some point could it be "unduly prolonged"? AUSA: At some point they could argue that. The final order of removal is from 2021. 

Judge: If the court has jurisdiction, can the Court stay removal? What's your position?

AUSA: You cannot stay it based on any claim before you. Supplemental jurisdiction is permissive. Here, there is a statutory bar  

Panton's lawyer: He's turned his life around, he's helping in the community. There's a lot the government has not considered. So we have a likelihood of success on the merits. 

Judge Failla: I don't think a preliminary injunction that includes a stay against removal. But I can imagine ordering his release. But then what - you'd just do it better next time? I don't know if the person who signed off on his re-detention had the authority 

Judge: What would you do if I ordered him released? AUSA: We would comply. Then there would be a judgment, where we are in the process, the cost benefit... I really don't know. 

Panton's lawyer: I wish I had filed a motion for release, I just didn't want to ask for too many things at once. Judge: I'm not saying you're getting it, just that I'm exploring it. 

AUSA: Mapp v. Reno sets a high standard. There's nothing here that rises to it 

Judge: I'd like more filings; we'll reconvene at 11 am.

Panton: I am available.

The case is Panton v. Joyce, et al., 1:25-cv-2451 (Failla)

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