| Man Who
Entered US Via AZ Falsely
Accused by Customer So ICE
Detained Now Habeas
by
Matthew Russell Lee, Patreon Book
Substack
SDNY
COURTHOUSE,
Dec 12 – A man who entered the
US through Arizona in 2000 was
detained by ICE on June 18,
2025. On December 12 he
filed a habeas corpus petition
the same day in the U.S.
District Court for the
Southern District of New York,
where Inner City Press found
it.
The
petition says he has a US
citizen daughter, and that he
was shot in 2007 and made
eligible for a U visa.
But in
March 2025 he "was falsely
accuse of assault by a
disgruntled former customer
hoping to get money from him."
The charges were dismissed but
cased on them, the petition
says, ICC arrested him and
placed him in the Orange
County Jail.
The
requests include immediate
release and attorney's fees.
This case is
Bonilla Velasquez, et al.,
1:25-cv-10319 (Unassigned)
On December 12,
assigned Judge Analisa Torres
(who previously
freed a Guatamalan petitioner)
ordered: "Respondents are
ORDERED to immediately
transport Perez Agustin to the
Southern District of New York
and, immediately upon
effectuating her transfer,
release her from custody. See
Lopez Benitez, 795 F. Supp. 3d
at 499. Respondents must brief
their authority, if any
consistent with this Order, to
(1) re-detain Perez Agustin
without a valid exercise of
discretion; (2) deny bond to
Perez Agustin in any
subsequent proceeding on the
ground that she must be
detained pursuant to 8 U.S.C.
§ 1225(b)(2)(A), absent a
change in relevant
circumstances; (3) invoke the
automatic stay provision at 8
C.F.R. § 1003.19(i)(2) if
Perez Agustin is granted bond;
or (4) impose additional
conditions of release or
burdens on Perez Agustin's
liberty, other than those
required by Perez Agustin's
Order of Release. If, instead,
Respondents confirm that they
will take none of those steps
with respect to Perez Agustin
without prior notice of at
least one week provided to her
and the Court, Respondents
need not file such briefing.
See Quispe-Sulcaray v. Noem et
al., No. 25 Civ. 9908, 2025 WL
3501207, at *2 (S.D.N.Y. Dec.
7, 2025). By December 14,
2025, Respondents shall file a
letter on the docket
certifying compliance with
this Order. SO ORDERED.
(Signed by Judge Analisa
Torres on 12/12/2025)."
The case is
Agustin v. Joyce, et al.,
1:25-cv-10122 (Torres)
***
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