| 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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