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In SDNY Ixcoy Caal Got Stay Citing Bureau of Immigration Appeal Now Amicus Briefing Schedule

By Matthew Russell Lee, Exclusive Patreon
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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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