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In Habeas of Salvadoran Man in ICE Custody Since Nov 6 Disposition of DWI for $500 Filed

by Matthew Russell Lee, Patreon Book Substack

SDNY COURTHOUSE, Dec 22 – Hearing the case of a Salvadoran man in ICE custody since November 6, U.S. District Court for the Southern District of New York Judge Arun Subramanian on December 19 ordered an expedited briefing schedule with an eye, it seems, to release. Inner City Press live tweeted it here

Judge: It seems that none of the lawyers here really care about what happening to Mr. Landaverde. Maspeth-based petitioner's counsel: We have too many clients, I am sorry. We just filed something new, due to the crunch of work, 20 hour days on these cases

 Petitioner's counsel: We'd like to address this on another day - these cases arose during Thanksgiving week. There's Judge Kaplan's decision  Judge Subramanian: I'm familiar with all these cases. It's a question of what the remedy is...When did Mr. Landaverde enter the US?  Habeas counsel: 2008  2d lawyer: I represent him in immigration matters, thank you that this case is not in Arizona where he entered

 Judge: How did he come in? 2d lawyer: Without inspection. He crossed  Judge: He pled to DUI in 2023 and was taken into custody 2d lawyer: He pled to DWI in 2024 and got three years probation. Southeast court in Putnam County. Judge Subramanian: My questions are relevant, you'd see if you'd read all the cases

 Judge Subramanian: AUSA, can you email petitioner's counsel the file? AUSA: I'll try to do it today. Judge: Then, petitioner's lawyers to put in pleadings by Monday 5 pm

AUSA: I'll be out until the new year. Judge: You can put in a 1-pager response AUSA: OK 

Then, "Petitioner may submit a brief detailing the relevant facts, law, and appropriate remedy by December 22, 2025 at 5:00 PM. Respondents may file a response by December 23, 2025. That response should be along the terms described at today's hearing and also clarify whether the reason for Landaverde's detention was because of a shift in policy to view § 1225 as applicable rather than § 1226."   

On December 22 petitioner's counsel filed the Certificate of Disposition for the Aggravated DWI - he paid a $500 fine.

The case is Landaverde v. Genalo, et al, 1:25-cv-09330 (Subramanian) 

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