| Man from China Who Did 20
Years in Prison was Detained by
ICE Now Ordered Released
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 Sunday,
January 18 a man from China
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.
This
petitioner is in Orange County
Correctional Facility. In 1989
when he was 19, he was
convicted after a 1987
altercation that resulted in
another person's death. He was
set for removing in 2010 but
China would not give the
travel document. Now they
apparently will.
On January 26 the
assigned District Judge
Jennifer L. Rochon ruled that
Lim's due process rights had
been violated: "Respondents
are directed to release Lim by
January 26, 2025 at 5 p.m. and
certify compliance with the
Court's order by January 27 at
noon."
This case is Lim v.
Arteta, et al., 1:26-cv-461
(Rochon)
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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