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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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