| 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.
***
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