| After 1 Woman Flies to
Ecuador Amid TRO Bid Judge Oetken
Signs TRO for Guatemalan
by
Matthew Russell Lee, Patreon Book
Substack
SDNY
COURTHOUSE,
Jan 19 – 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 Monday,
January 19 - MLK Day - 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.
This
petitioner was detained on
January 18 "while leaving home
to go to his place of
employment, where he works in
construction in Brooklyn, NY.
This occurred around Bay Ridge
Avenue and Bay Parkway in
Bensonhurst." The petition is
by the same law firm which did
not ask for a TRO, initially,
in Briseno-Castillo.
This case is Cash
Canastuj v. Genalo, et al.,
1:26-cv-463 (Unassigned)
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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