SDNY COURTHOUSE, Feb 23 – A man from
Mexico detained by ICE since being
arrested as "illegal alien possession
explosives" - he worked a fireworks
warehouse - is on the cusp of either being
ordered release, or getting a new hearing
before an immigration judge with the
burden on the Government.
Duque Mendoza, in detention at the
Orange County Correctional Facility, was
supposed to be brought on Friday afternoon
before U.S. District Court for the
Southern District of New York Judge Lewis
J. Liman.
Inner City Press was there - but Duque
Mendoza was not.
The
Assistant US Attorney blamed it on
miscommunication between ICE and their
transportation contractor [see link to
Extra below]
Judge Liman inquired into the hearing
Duque was given, and said he will either
order another one, with the petitioner
having subpoena power and the Immigration
Judge not following his own Article II
system's precedents, but rather Article
III precedents - or will outright order
him released.
On
February 23 - a snow day in SDNY - Judge
Liman docketed: "The Petition is
conditionally GRANTED. Petitioner is
hereby ordered released unless by March 6,
2026 the Government holds a bond hearing
before an IJ at which the Government bears
the burden of establishing by clear and
convincing evidence that Petitioner is
either a danger to the community or a
flight risk. The Government is ordered to
provide the Court with a transcript of any
such hearing within one week. (Signed by
Judge Lewis J. Liman on 2/23/2026)."
More on X
for Subscribers here
and Substack here
The case is Duque Mendoza v. Noem, et al., 1:26-cv-1260 (Liman)