| Robert Panton
Appeal Denied so Removal June 6
Judge Calls It Fast But No
Ruling By Then
by
Matthew Russell Lee, Patreon Book
Substack
SDNY
COURTHOUSE,
June 4 – On Robert Panton
detained by ICE which says it
is awaiting Jamaica travel
documents to deport, a
preliminary injunction hearing
was held by U.S. District
Court for the Southern
District of New York Judge
Katherine Polk Failla. She set
another conference for April 4
at 11 am; a ruling is
expected. Inner City Press
live tweeted, from the thread:
Judge Failla:
We're here on a preliminary
injunction motion.
Assistant US
Attorney: Mr. Panton is
detained pending the receipt
of travel documents from
Jamaica...
Panton's lawyer:
He's turned his life around,
he's helping in the community.
There's a lot the government
has not considered. So we have
a likelihood of success on the
merits.
Judge Failla: I
don't think a preliminary
injunction that includes a
stay against removal. But I
can imagine ordering his
release.
AUSA: Mapp v.
Reno sets a high standard.
There's nothing here that
rises to it
Judge: we'll
reconvene at 11 am.
At 11 am on April
4, Judge Failla denied the
motion for release, from the thread:
Judge Failla: I
do believe DHS has the
authority to detain Mr. Panton
- I do not believe he has a
likelihood of success on the
merits. There was some
question about the delegation
issue. I am accepting AUSA
Sun's representation
Judge
Failla: The presence of
counsel would have been
better, but was not required.
I will not make a finding of
irreparable harm, at this
point, one week. I might
have a different view later. I
believe Mr. Panton has made
stride to rehabilitation. But
no relief
Early on June 4
the US Attorney's Office wrote
in, "The government
understands that Mr. Panton
does not intend to seek a
further stay of removal from
this Court. Moreover, the
BIA’s denial of the motion for
a stay means that there is no
legal impediment to execution
of the removal order on June
6, as scheduled. The
government submits that once
the removal order is executed,
this habeas corpus action will
be moot and should be
dismissed."
By afternoon June
4 Judge Failla docketed: "The
Court cannot help but be
struck by the timetable of Mr.
Panton's removal proceedings
in particular, how Mr. Panton
could be placed on an order of
supervision in April 2021 and
comply with the terms of that
order for some four years,
only to have the Government
detain Mr. Panton at a
regularly scheduled check-in
and finalize his removal
proceedings with what now
seems like light speed. That
said, on the current record,
the Court has concerns
regarding its jurisdiction to
grant the relief that Mr.
Panton seeks. Accordingly, the
Court will not be in a
position to resolve Mr.
Panton's petition before June
6, 2025. (Signed by Judge
Katherine Polk Failla on
6/4/2025)."
The case is
Panton v. Joyce, et al.,
1:25-cv-2451 (Failla)
***
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