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SDNY Judge Failla Says Issues on ICE and NJ Jail Too Complex For String Cites or Headlines

By Matthew Russell Lee, Patreon
BBC - Guardian UK - Honduras - The Source

SDNY COURTHOUSE, April 30 – An ICE detainees in the Orange County Jail a month ago filed a habeus corpus petition for release amid Coronavirus. 

  On April 27 U.S. District Court for the Southern District of New York Judge Katherine Polk Failla held a proceeding covered by Inner City Press.

  Judge Failla in detail questioned Assistant US Attorney Zachary Bannon, who agreed to provide further information in writing, subject to petitioner's response, for a ruling Judge Failla projected making on April 30.

 On April 30 Inner City Press called in at the appointed hour, and Judge Failla did indeed rule, orally. She said she was not looking to make media headlines, or to have her decision make part of a string-cite in other cases. She said the issues were and are more complex that the letters were letting on.
  
 It soon became apparent that Judge Failla would be releasing Erinerso Rosario Disla, under the Mapp v. Reno standard. We'll have more on this.

 Back on April 24 in another IC habeus proceeding covered by Inner City Press SDNY Judge Analisa Torres asked AUSA Talia Kreamer whether ICE has prohibited any of these jails from disclosing the number of detainees tested. This was not answered.

  On April 27 Judge Torres issued a TRO ordering ICE to release the petitioned, under conditions she imposed, and to not arrest them for civil immigration detention purposes until further order from her. Judge Torres stated that "one correction officer confirmed infected, and four correction officers alleged to have been infected, at the Orange County Jail."

  In her proceeding on April 27, Judge Failla to her credit compared this line to the ICE website, which listed no C.O. positives at Orange County. This elicited the response that ICE did not include positives for C.O. at the facility who do not work for ICE. Why not? Inner City Press will continue on this. This case is Disla v. Decker, et al., 20-cv-2551 (Failla).

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