| Gay Man from Kenya Sued
Kristi Noem Now Petition Dismissed
by Stay Continued to Jan 6
by
Matthew Russell Lee, Patreon Book
Substack
SDNY
COURTHOUSE,
Dec 29 – A gay Kenyan man who
fled to the US and was paroled
by border officer during the
Biden Administration is now
suing Kristi Noem, represented
by the Davis Polk law firm.
The lawsuit
was filed on November 5 in the
U.S. District Court for the
Southern District of New York,
which Inner City Press closely
covers.
S.W., as
the plaintiff is referred to,
received a letter that he
faces an Order of Expedited
Removal. He has worked at
Macy's and is currently a
student at BMCC, living in The
Bronx.
He alleges
a violation of the APA.
On November 6,
along with seeking sealing,
his lawyers asked now-assigned
Judge P. Kevin Castel for a
TRO restraining DHS and ICE
from requiring Plaintiff to
undergo a credible fear
interview pending this
litigation, and from detaining
Plaintiff absent a
pre-detention hearing.
On December 18,
petitioner's counsel wrote in
citing the recent case, also
covered by Inner City Press,
in which an Afghan ICE
detainee was released: "LETTER
addressed to Judge P. Kevin
Castel from Blake E. Andersen
dated December 18, 2025 re:
Supplemental Authority
Recently Issued by Judge
Liman. Document filed by S.
W.. (Attachments: # (1)
Exhibit A - Qasemi v.
Francis."
On December 29
the petition was dismissed by
stay continued to January 6:
"Defendants' motion to dismiss
on Rule 12(b)(1) grounds is
GRANTED. S.W.'s motion for a
preliminary injunction is
DENIED. The Court STAYS this
Order and LEAVES THE TEMPORARY
RESTRAINING ORDER IN PLACE
until the hearing and
determination of a motion by
plaintiff for a stay pending
an expedited appeal, provided
that any such motion shall
have been filed no later than
January 6, 2026.",html
The case is S.W.
v. Noem, et al., 1:25-cv-9264
(Castel)
***
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