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DHS Moves to Dismiss Asylum Seeker Suit For Bond Hearing Saying Habeus Not APA Is Way

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

SDNY COURTHOUSE, Feb 24 – Jorge Luis Valez-Chavez had lived in the U.S. for fifteen years and had a pending asylum application for asylum when he was arrested and detained by DHS on February 28, 2020.

He has sued for a bond hearing in which the Government will bear the burden of proof by clear and convincing evidence.  

  On February 24, U.S. District Court for the Southern District of New York Judge Andrew L. Carter held a proceeding. Inner City Press covered it. 

 The U.S. government is moving to dismiss, saying Valez-Chavez cannot sue under the APA but must filed a habeas corpus petition.

 Judge Carter asked questions, at one point giving the parties two minutes to gather their thoughts before replying.

The case is Valez-Chavez v. McHenry et al., 21-cv-296 (Carter)


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