| Man From
Guatemala Detained as ICE
Sought Another Filed Habeas
Gets Pillsbury Lawyer
by
Matthew Russell Lee, Patreon Book
Substack
SDNY
COURTHOUSE,
Aug 11 – A man from Guatemala
who was detained by ICE as
they sought someone else, and
is being detained in Western
Pennsylvania, filed a habeas
corpus petition through a Next
Friend in the U.S.
District Court
for the
Southern
District of
New York,
where Inner
City Press
found it.
On August 7 he
had a hearing
before SDNY
Judge Lewis J.
Liman. Inner
City Press
live tweeted
it, here:
Judge
Liman: I have
heard enough
to conclude
that I should
try to local
counsel for
Mr. Garcia,
noting that
Mr. Garcia is
being held
following the
allegation
that he agreed
to voluntary
departure, and
DOJ says no
bond
hearing.
AUSA
Tudor M.
Neagu: That's
accurate
Judge:
Does USA
object to me
trying to find
counsel for
Mr. Garcia?
AUSA:
Of course not,
Your Honor.
But the
petitioner is
in the Western
District of
Pennsylvania
Next
Friend: He
told me he
didn't accept
to leave.
Maybe they
made him sign.
They denied a
phone call
Next
next friend:
They took him
in front of my
nine year old,
they were
looking for
someone else.
They haven't
yet him make
any phone
calls, he had
to send
someone else
to a bakery.
He is my step
father. Judge:
I direct the
AUSA to
contact the
institution
AUSA:
On the day he
was arrested
he was offered
a call and
made one, 5
minutes, to a
"Manuel."
Judge: I'm not
casting
aspersions on
you
personally.
But can you
report back to
the court?
AUSA: Yes.
Adjourned
On
August 10, the
US Attorney's
Office filed a
copy of the
Voluntary
Departure
form, apparently signed,
and a record
listing misdemeanor
harassment, and
assault, third
degree. They
said that Petitioner
has a telephone in
his housing unit
at the
Moshannon
Valley
Processing
Center.
On August,
pro bono counsel
filed a notice
of appearance
for Garcia: David
Oliwenstein of
Pillsbury
Winthrop Shaw
Pittman LLP,
formerly of
the SEC's
Division of
Enforcement...
The case is
Garcia v. Acting Field Office
Director, et al., 1:26-cv-6595
(Liman)
***
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