Inner City Press

In Other Media-eg New Statesman, AJE, FP, Georgia, NYTAzerbaijan, CSM Click here to contact us     .

These reports are usually available through Google News and on Lexis-Nexis

Share |   

Follow on TWITTER

Home -

These reports are usually available through Google News and on Lexis-Nexis


(FP Twitterati 100, 2013)

ICP on YouTube

More: InnerCityPro
Sept 24, 2013

UN: Sri Lanka


FOIA Finds  

Google, Asked at UN About Censorship, Moved to Censor the Questioner, Sources Say, Blaming UN - Update - Editorial

Support this work by buying this book

Click on cover for secure site orders

also includes "Toxic Credit in the Global Inner City"




Bank Beat

Freedom of Information

How to Contact Us

SDNY Judge Furman Defers Habeus Petition Six Days Before Immigration Bond Hearing

By Matthew Russell Lee

SDNY COURTHOUSE, August 8 – In a nearly empty courtroom six days before a US immigration bond hearing, U.S. District Court for the Southern District of New York Judge Jesse M. Furman urged Assistant US Attorney Brandon Waterman to let the immigration judge know that Furman has ruled that the government bears the burden in such cases.

 AUSA Waterman replied that he believed this standard will not be applied. If Elmer Rivera-Velasquez loses and asks Judge Furman to take action, then the US Attorney's Office would file a "fall on the sword" letter to preserve its right to appeal.

  It was all very genteel, absurdity and waste notwithstanding. Call it the separately of powers. Judge Furman did not, as he implied he might, dismissed the case for not being ripe. Instead he asked for a letter on December 2 (the business day after the November 27 bond hearing), and another conference on December 3. The (habeus) case is Rivera-Velasquez v. Decker, et al, 19-cv-10297 (Furman).

 By contrast - and invoking the Convention Against Torture - back on August 8 SDNY Judge Paul G. Gardephe read outloud a long decision which, at the end, granted the habeus corpus petition of detainee Jose Celan Padilla Raudales, citing a finding for Mr. Padilla under the Convention Against Torture.

   For a bond hearing set for 8:30 am on August 9, Judge Gardephe after 6 pm issued a short written order: "For the reasons stated in open court today, Petitioner’s habeas corpus petition is granted to the extent that it is hereby ORDERED that at any bond hearing for Petitioner – whether before an immigration judge or the Board of Immigration Appeals – the Government will be required to demonstrate – in order to justify Petitioner’s continued detention – that he is a danger to the community or a risk of flight, and that it will be required to prove danger or flight risk by clear and convincing evidence."

 Inner City Press will have more on this - see also @InnerCityPress and the new @SDNYLIVE.


Your support means a lot. As little as $5 a month helps keep us going and grants you access to exclusive bonus material on our Patreon page. Click here to become a patron.

Feedback: Editorial [at]

Box 20047, Dag Hammarskjold Station NY NY 10017

Reporter's mobile (and weekends): 718-716-3540

Other, earlier Inner City Press are listed here, and some are available in the ProQuest service, and now on Lexis-Nexis.

 Copyright 2006-2019 Inner City Press, Inc. To request reprint or other permission, e-contact Editorial [at] for