| Ecuadorean Mother
and Daughter Filed SDNY Habeas
But Now Transfer to Texas with
Stay
by
Matthew Russell Lee, Patreon Book
Substack
SDNY
COURTHOUSE,
Dec 3 – A mother and daughter
detained by ICE on November 8
filed a habeas corpus petition
the next day in the U.S.
District Court for the
Southern District of New York,
where Inner City Press found
it.
They last
entered the US on August 2,
2021. They were "put in
proceedings on January 19,
2022. On November 29, 2022
they were ordered removed.
Their appeal was dismissed on
June 13, 2025. With a Petition
for Review pending, they were
detained by DHS / ICE on
November 8, "in an effort to
effectuate their Order of
Removal" - with, the petition
says, no pre-deprivation
hearing.
The mother
is 32 years old and the
daughter, 12.
They are seeking
"grant [of] a writ of habeas
corpus ordering Respondents to
immediately release
Petitioners from custody."
On November 12
the US Attorney's Office wrote
in that there is no
jurisdiction because while the
petition was filed November 9
at 3:27 am, the petitioners
had been flown out to
Louisiana earlier....
On November 13 a
conference was held and Inner
City Press live tweeted it.
On December 3,
"The Court directs the Clerk
of Court to transfer this
action to the United States
District Court for the
Southern District of Texas. To
ensure that Petitioners have
an opportunity to have this
petition considered by the
Southern District of Texas,
and to preserve that court's
jurisdiction to rule on the
Petition, the Court hereby
ORDERS that Petitioners shall
not be removed from the United
States absent further court
order. (Signed by Judge
Jeannette A. Vargas on
12/2/2025) " Inner City Press
will stay on the case(s).
The SDNY case was
Allaico Pacheco v. Joyce, et
al., 1:25-cv-9348 (Vargas)
***
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