| Judge Ordered Man Jailed by
ICE Not Removed But DOJ Says He
Left Voluntarily So Hearing
by
Matthew Russell Lee, Patreon Book
Substack
SDNY
COURTHOUSE,
Feb 3 – A man from Mexico, in
the US without papers for
twenty years, was detained by
ICE while walking in Brooklyn.
A habeas corpus
petition was filed in the U.S.
District Court for the
Southern District of New York.
Judge Edgardo Ramos on
February 1 signed an order
that "Petitioner shall not be
removed from the US absent
further order of this
Court."
The case
was assigned to White
Plains-based Judge Kenneth M.
Karas, who sent a February 3
conference - at which it
emerged the petitioner, Sergio
Roque Moreno, had signed for
voluntary removal and left.
Judge Karas was troubled and
is moving toward an
evidentiary hearing. Inner
City Press live tweeted:
Judge Karas: My
colleague Judge Edgardo Ramos
signed a stay of moving out of
jurisdiction, then the case
was assigned to me.
Government? AUSA Waterman: I
understand he has signed for
voluntary departure and has
left. So this is moot
Judge Karas: The
order of Judge Ramos says in
bold, not to be removed AUSA
Waterman: We could not
identify this petition until
this morning. No A number was
provided. Judge Karas: We have
no idea if this was signed
voluntarily
AUSA: He accepted
a voluntary departure.
Petitioner's lawyer: It would
only be moot if there was
relief he was not eligible
for. Had the clock been
reversed, he'd be eligible for
cancelation of removal, maybe
asylum
Judge Karas: I'm
troubled. If things were said
or done to coerce him to
leave, he hasn't mooted out
his own petition. Why don't we
have a hearing whether or not
people are in contempt of
Judge Ramos' order? Only we
won't have the main witness.
AUSA: The
petitioner can choose at any
time to leave. He waived his
rights. The Supreme Court has
explained this is a quid pro
quo, the petitioner avoid
certain negative consequence.
Here, there's a signature and
a declaration in English and
Spanish
Judge
Karas: The burden to show
voluntariness is on
Respondents. I had another of
these last week where your
Office said, we just stand on
our papers. If the Respondents
are wrong, people are being
detained without a hearing,
it's coercive
A next conference
was set for February 12.
More on X for
Subscribers here
and Substack here
The case is Roque
Moreno v. Genalo, 1:26-cv-855
(Karas)
***
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