by Matthew Russell Lee, Patreon Book Substack
SDNY COURTHOUSE, Nov 17 – A blind man from Ecuador who entered the US through Texas and was released upon request under the Biden Administration in January 2023 was detained in 26 Federal Plaza on November 4.
His sister filed a habeas corpus petition on his behalf.
It will be heard on November 7 in U.S. District Court for the Southern District of New York, which Inner City Press closely covers.
His filing cites a decision by SDNY Judge George B. Daniels in Valdez v. Joyce, 25-cv-4627, 2025 WL 1707737 (June 18, 2005) that detentions such as his are "clear violation[s] of due process rights."
On November 6 the US Attorney's Office wrote in that the petitioner is being held in 26 Federal Plaze pending arrangements for his transfer to the Orange County Jail in Goshen, NY (the only ICE detention facility within the SDNY).
On November 7 the AUSA asked Judge Carter to allow ICE to move father and his son together to a facility outside of SDNY, saying the Orange County jail could not take both.
Judge Carter said he would not take substantive action until the father has a lawyers, and an interpreter. An interpreter was arraigned but then the son, not the father, was produced. So, weekend in 26 Fed. Thread.
On Monday November 10 Inner City Press live tweeted again, here
On November 12, Judge Carter ordered: "The Government is ORDERED to keep the Court apprised of Mr. Chalco's condition, access to accommodations for his disability (including but not limited to his cane and a text to audio device for reading), and access to the telephone. The Government is ORDERED to update the Court about general conditions and safety at Orange County Jail in Goshen, NY as well as a potential transfer to Delaney Hall Detention Facility in Newark, NJ, where Mr. Chalco's son is detained.
On November 14 petitioner(s) request that he be released immediately, attaching a declaration that "I am in isolation in a cell... I feel like I am going crazy." The TRO was denied, but more status reports required.
Late on November 17 the US Attorney's Office wrote in that "ICE released the petitioner from detention this evening," and implied the habeas petition is not moot.
Inner City Press will remain on the case.
More on X for Subscribers here and Substack here
The case is Chalco-Beltran v. Francis, et al., 1:25-cv-9205 (Carter)
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