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Man From El Salvador Sued ICE in SDNY on MLK Day Now Argues Due Process Violated

By Matthew Russell Lee, Patreon
BBC - Guardian UK - Honduras - ESPN

SDNY COURTHOUSE, Feb 16 – A 22-year old man from El Salvador is suing US Homeland Security and ICE for having detained him since November 12, 2020 at Orange County Jail in Goshen, New York.  

 The complaint, filed on Martin Luther King's Day in the U.S. District Court for the Southern District of New York and first reported by Inner City Press on that day, says Alexis Rivera Quintanilla's administrative application for release on bond was denied due to a conviction for driving while intoxicated and then driving without an alcohol interlock device and "other infractions."  

  Rivera is petitioning the SDNY for a writ of habeus corpus base on defects in the bond proceeding, "at which the IJ improperly allocated the burden of proof on Mr. Mr. Rivera and not on the government."

The named defendants include Peter T. Gaynor, Acting Secretary of Homeland Security and Thomas Decker, Director of the New York Field Office of ICE. 

The case was assigned to District Judge George B. Daniels, who held a proceeding on February 16 which Inner City Press also covered.

  The petitioner's lawyer argued that immigration proceeding reverse the presumption and make people argue a negative, that they are NOT a danger to the community. It was argued this violated the Constitution, and due process.

The case is Rivera Quintanilla v. Gaynor, et al., 21-cv-417 (Daniels)

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