| In SDNY Ixcoy Caal Got Stay
Citing Bureau of Immigration Appeal Now Amicus
Briefing Schedule
By Matthew
Russell Lee, Exclusive Patreon
BBC
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SDNY COURTHOUSE,
Jan 24 – Luis Gerardo Ixcoy
Caal got a judicial stay on
January 16, with legal papers
due January 24 and January 31
and a hearing on them on
February 11.
The U.S.
government lawyer objected to
the stay and asked for a copy
of it. Inner City Press, alone
in the courtroom gallery,
asked for the docket number of
the case, which even an hour
after the proceeding had no
live link, no information
beyond the name of the case.
But that day in the courtroom
it was told there would be
interest in filing an amicus
brief, see below.
In
an emergency proceeding before
U.S. District Court for the
Southern District Judge P.
Kevin Castel,
setting as the Part I or
fill-in judge, Make the Road
New York argued for a stay.
The case had been assigned or
"wheeled out" to Judge Paul A.
Engelmayer,
but he was not available.
Judge Castel corrected the
government's lawyer as to
Section 1252(g), and said that
he was granting the stay in
part in other to consider and
be brief on the topic of his
jurisdiction. He telephoned
Judge Engelmayer's chamber and
got the February 11 conference
date; he said he would
transfer the papers there.
On January 23, the Kathryn O.
Greenberg Immigration Justice
Clinic at the Benjamin N.
Cardozo School of Law wrote to
Judge Englemayer, asking for a
modification of the briefing
schedule to allow them to file
an amicus brief on behalf of
19-year old Ixcoy Caal.
Make the Road suggested
February 14 for the amicus
submission, February 28 for
the government and March 6 for
their reply.
On January
24 Judge Engelmayer approved
the schedule, and made clear
the stay is extended: "ORDER
granting [7] Letter Motion for
Extension of Time: The
unopposed motion for an
extension of the current
briefing schedule is granted.
The Court sets the following
deadlines: - Amicus submission
due February 14, 2020; -
Government opposition due
February 28, 2020; -
Petitioner reply due March 6,
2020; - Oral Argument on March
20, 2020, at 10:30 a.m. For
avoidance of doubt, the TRO
issued on January 16, 2020,
remains in full force and
effect until the Court's
resolution of this case."
The case is Ixcoy
Caal v. Decker et al.,
20-cv-439 (Engelmayer). Watch
this site.
***
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