SDNY COURTHOUSE, May 19 – A man from
Mexico detained by ICE since being
arrested as "illegal alien possession
explosives" - he worked a fireworks
warehouse - is on the cusp of either being
ordered release, or getting a new hearing
before an immigration judge with the
burden on the Government.
Duque Mendoza, in detention at the
Orange County Correctional Facility, was
supposed to be brought on Friday afternoon
before U.S. District Court for the
Southern District of New York Judge Lewis
J. Liman.
Inner City Press was there - but Duque
Mendoza was not.
The
Assistant US Attorney blamed it on
miscommunication between ICE and their
transportation contractor [see link to
Extra below]
Judge Liman inquired into the hearing
Duque was given, and said he will either
order another one, with the petitioner
having subpoena power and the Immigration
Judge not following his own Article II
system's precedents, but rather Article
III precedents - or will outright order
him released.
On
February 23 - a snow day in SDNY - Judge
Liman docketed: "The Petition is
conditionally GRANTED. Petitioner is
hereby ordered released unless by March 6,
2026 the Government holds a bond hearing
before an IJ at which the Government bears
the burden of establishing by clear and
convincing evidence that Petitioner is
either a danger to the community or a
flight risk. The Government is ordered to
provide the Court with a transcript of any
such hearing within one week.
On May 19
Judge Liman held a proceeding on the
Immigration Judge's order. Inner City
Press was there, one of only two people in
the gallery, the only media, so live
tweeted:
Duque Mendoza has just been brought in by
ICE in yellow Orange County Jail uniform,
shackled.
AUSA: We
want to keep him detained. The Immigration
judge cited dangerousness.
Judge
Liman: You're looking at his oral
decision? AUSA: Yes... I'm also citing the
motion at Page 1, the document referred to
Judge Liman: It's what I just read
AUSA: He drove under the influence,
and more
Judge
Liman: Do you agree with the immigration
judge that if risk of flight was the
issue, a $3000 bond is enough? AUSA: It's
what the judge said. But there's danger.
Judge Liman: In GFF Judge Koeltl ordered
conditions
Petitioner's
lawyer: A former employer is here [only
other person in the courtroom gallery]
Also Michael Puca, P-U-C-A. He has spent
more than a year in immigration detention.
He asks to be released today with no
conditions. His family faces homelessness
Petitioner's
lawyer: He has never been convicted of
driving while intoxicated with children in
his care. That was reduced to a
misdemeanor. He was arrested, but there
was no order of protection. AUSA:
His wife declined to stand up and say he
didn't strangle her
Judge Liman: I order Mr. Duque Mendoza's
release on $3000 bond for the immigration
judge's non compliance with my order.
Judge
Liman: Are those US Marshals with Mr.
Duque Mendoza? AUSA: No, ICE contractors.
Judge Liman: So can he just be released?
AUSA: Bond has to be posted before
release. If so we can instruct ICE to
transport him to 26 Fed for
out-processing. It takes 2 hours
Petitioner's
lawyer: Sometimes the bond has to be
verified in Minnesota, not Orange County
Jail. Judge Liman: Can I order release
now, setting a hearing in case he doesn't
post bond? Petitioner's lawyer: The ex
employer will post it today
Judge
Liman: Release by 5 pm
More on X
for Subscribers here
and Substack here
The case is Duque Mendoza v. Noem, et al., 1:26-cv-1260 (Liman)
