| Blind Man From Ecuador
Released Under Biden Still
Retained with ICE Cane Disallowed
Nov 18
by
Matthew Russell Lee, Patreon Book
Substack
SDNY
COURTHOUSE,
Nov 10 – A blind man from
Ecuador who entered the US
through Texas and was released
upon request under the Biden
Administration in January 2023
was detained in 26 Federal
Plaza on November 4.
His sister filed
a habeas corpus petition on
his behalf.
It will be heard
on November 7 in U.S. District
Court for the Southern
District of New York, which
Inner City Press closely
covers.
His filing
cites a decision by SDNY Judge
George B. Daniels in Valdez v.
Joyce, 25-cv-4627, 2025 WL
1707737 (June 18, 2005) that
detentions such as his are
"clear violation[s] of due
process rights."
On November 6 the
US Attorney's Office wrote in
that the petitioner is being
held in 26 Federal Plaze
pending arrangements for his
transfer to the Orange County
Jail in Goshen, NY (the only
ICE detention facility within
the SDNY).
On November 7 the
AUSA asked Judge Carter to
allow ICE to move father and
his son together to a facility
outside of SDNY, saying the
Orange County jail could not
take both.
Judge Carter said
he would not take substantive
action until the father has a
lawyers, and an interpreter.
An interpreter was arraigned
but then the son, not the
father, was produced. So,
weekend in 26 Fed. Thread.
On Monday
November 10 Inner City Press
live tweeted again, here
AUSA: He cannot
use a cane in OCJ. There is a
facility in Georgia that could
accommodate him - outside of
the SDNY.
Judge Carter: Why
can they accommodate a walker
and not a cane? AUSA: OCJ is
not part of the Federal
government. ICE tells me they
have rules
AUSA: Apparently
it is because a cane can be
used as a weapon. I don't
personally understand how a
walker is different, but...
Judge Carter: The
US is to respond to the
amended petition by November
13, reply by November 14. Then
a hearing on November 18 at
9:30 am.
He has an
immigration proceeding on
Thursday, which unless he is
at OCJ or Delaney Hall will be
adjourned. Inner City Press
will remain on the case.
More on X for Subscribers
here
and Substack here
The case is
Chalco-Beltran v. Francis, et
al., 1:25-cv-9205 (Carter)
***
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