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Jamaican Graham Wanted Out of ICE Custody Amid Coronavirus But SDNY Judge Castel Denies

By Matthew Russell Lee, Patreon
BBC - Decrypt - LightRead - Honduras - Source

SDNY COURTHOUSE, April 13 – Roland Graham, a 46 year old legal permanent resident originally from Jamaica amid Covid-19 on April 10 asked out of ICE custody in the Orange County Correctional Facility.

The hearing was held before U.S. District Court for the Southern District of New York Judge P. Kevin Castel, and Inner City Press covered it.

Now on April 13 Inner City Press reported Judge Castel's decision, that "Graham has not shown a clear and substantial likelihood of success on the merits or the likelihood of substantial hard in the absence of injunctive relief. The motion for a preliminary injunction will therefore be denied."

AUSA Li Yu says there are single cells and soap.

Judge Castel: I'd like to hear about the legal standard - what does the petitioner need to show? And is this on a request for a TRO or an injunction? Even though Judge Marrero has written on this, that the standards are essentially the same. 

Petitioner's lawyer:  Extraordinary circumstances to make the habeus remedy effective --

Judge Castel: And that's all? What about deliberate indifference or punitive detention?

 Petitioner's lawyer: Those claims are set forth in our petition too. 

Judge Castel asked, What other SDNY judges have granted preliminary injunctions, other than Judge Torres?

Petitioner's lawyer struggles with Judge Oetken's last name but says it; also cites this by Judge Schofield, Inner City Press reported here.

Petitioner's lawyer says the Orange County Jail is allowing inmates to play sports, no lockdown.

Judge Castel remarks that if you live in Poughkeepsie & have a backyard, you could play sports too, though he calls it inadvisable as it does not do social distancing.

  Judge Castel said he reserved decision but understood that both side want a fast decision out of him. Watch this site. The case is Graham v. Decker, et al., 20-cv-2423 (Castel).

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