| Robert Panton
Appeal Denied so Removed June 6
US Says Now Moot But Panton
Lawyers Soon
by
Matthew Russell Lee, Patreon Book
Substack
SDNY
COURTHOUSE,
June 10 – 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
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)."
And on June 10
the US wrote in, "On June 6,
2025, ICE executed Mr.
Panton’s final removal order
and removed him to Jamaica. As
a result, this action is moot
and should be dismissed. See,
e.g., Pena v. Lynch, 257 F.
Supp. 3d 346, 347–48 (S.D.N.Y.
2017) (petitioner’s removal
rendered habeas corpus
petition challenging
lawfulness of detention moot).
Counsel for Mr. Panton has
informed me that they need to
confer on next steps and
expect to take a position or
file a motion in the coming
days."
The case is
Panton v. Joyce, et al.,
1:25-cv-2451 (Failla)
***
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