by Matthew Russell Lee, Patreon Book Substack
SDNY COURTHOUSE, Jan 15 – A woman from Guatemala who has lived in the US since 2004 was detained by ICE on January 6. She has since been deported - to Ecuador, according to her lawyer, in a letter found and first reported by Inner City Press.
Nancy Maria Briseno-Castillo during a scheduled check-in with ICE was taken into custody. On January 10 she filed a habeas corpus petition in the US District Court for the Southern District of New York, where Inner City Press found it.
The case was assigned to Judge J. Paul Oekten. But before he acted on the request for a Temporary Restraining Order against removal, according to counsel,
"we received a disturbing email from the US Attorney's Office stating that DHS had taken her to El Paso over the weekend and then flown her out of the US on Monday to Ecuador."
Counsel requested an emergency hearing.
It was held on January 15 and Inner City Press live tweeted, here
All rise! Judge Oetken: I signed the TRO on Monday 11 am, but she had already been removed to Ecuador. Is it moot? AUSA: There is no more jurisdiction, under 2d Circuit law. They have no case. Judge: Mr. So the deportation officer says she was called in - why?
AUSA: For removal. Judge: Why didn't you ask for a stay in your 2d Circuit appeal? Petitioner: Not sure - but the plane might have been picking up others elsewhere in the USA. Judge: It seems my order was not violated
2d petitioner's lawyer: They were on constructive knowledge. There's case law I need to track down AUSA: I'm aware of no such authority. There's an agreement with the 2d Circuit if a request for a stay has been made there
Judge: Is notice given to the SDNY Civil Division? AUSA: When the case is opened, not when it's filed. We often don't get served
Judge: I'm fine with keeping the case open. If you can tell me when the plane left
The case is Briseno-Castillo v. Genalo, et al., 1:25-cv-216 (Oekten)
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