| After Habeas of Man from
Guatemala Is Assigned to Judge
Carter US Expects Release
by
Matthew Russell Lee, Patreon Book
Substack
SDNY
COURTHOUSE,
Jan 26 – A woman from
Guatemala who has lived in the
US since 2004 was detained by
ICE on January 6. She has
since been deported - to
Ecuador, according to her
lawyer, in a letter found and
first reported by Inner City
Press.
Nancy
Maria Briseno-Castillo during
a scheduled check-in with ICE
was taken into custody. On
January 10 she filed a habeas
corpus petition in the US
District Court for the
Southern District of New York,
where Inner City Press found
it.
The case
was assigned to Judge J. Paul
Oekten. But before he acted on
the request for a Temporary
Restraining Order against
removal, according to counsel,
"we
received a disturbing email
from the US Attorney's Office
stating that DHS had taken her
to El Paso over the weekend
and then flown her out of the
US on Monday to
Ecuador."
On January
15 Judge Oetken stated that
he'd signed the TRO on the
morning he got it - but that
was Monday, and the flight
already left.
On Friday
January 16 a man from
Guatemala filed a habeas
petition in SDNY. While had
yet to be assigned to a
District Judge, as Part I,
Judge Oekten the same say
signed an order staying
removal and transfer.
On January 26,
after the case was assigned to
Judge Andrew L. Carter, the US
Attorney's Office wrote to him
acknowledging that he has
ordered release under similar
circumstances in Sanabria -
Aguilera v. Almodovar, and
apparently expects the same
here (contra, for example,
Judge Rearden). The wheel
matters.
This case is Diaz Grefa
v. Francis, et al.,
1:26-cv-451 (Carter)
The earlier
case, which the US is arguing
is moot, is Briseno-Castillo
v. Genalo, et al., 1:25-cv-216
(Oekten)
***
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