Friday, June 19, 2026

Man Released under Convention on Torture Sent by ICE to Louisiana So Habeas Sent There



Man Released under Convention on Torture Sent by ICE to Louisiana So Habeas Sent There

by Matthew Russell Lee, Patreon Book Substack

SDNY COURTHOUSE, June 18 รข€“ A man who was ordered released by a Federal judge in Colorado under the Convention Against Torture was detained by ICE and flown to Louisiana, apparently en route to "Africa" (his lawyer says he was told). 

On June 15 U.S. District Court for the Southern District of New York Judge Lewis J. Liman held a proceeding in the case. Inner City Press live tweeted it

Judge Liman: Your petition is quite cursory. I've handled a number of these cases..You haven't raised this to the judge in Colorado?

Lawyer: We're not admitted there. So we contacted ICE Judge: Prior to June 10 what efforts to learn where your client was? Lawyer: At 26 Fed they wouldn't tell us. We used the ICE Locator then called

Lawyer: The AUSA asked us if we would consent to the transfer of the petition to Louisiana Judge Liman: I'm not going to rule today that I'm going to retain jurisdiction, or that I ever had jurisdiction or venue. The only question in my mind is if briefing

 Judge Liman: Is there anything more you'd like me to know beyond what's in your 6-page petition? Lawyer: No, I think we covered it from all angles. Judge: You're not asking to submit any more briefing or evidence? Lawyer: You have everything we have to say.

Judge Liman: I'm familiar with the unknown custodian rule AUSA Waterman: If petitioner won't consent to transfer the case, I'm prepared to file a motion to dismiss or transfer. We've had over 300 habeas corpus cases here in SDNY this year since Jan 1. So we know

Judge: How fast can you file your motion to dismiss or transfer? AUSA: By June 17.  Lawyer: But it is difficult to be admitted in Louisiana. I called, they said, You're not admitted. We'd have to find counsel. I don't know anyone to do that with. There is Michigan

Judge Liman: DOJ has briefed this many time. I want to make sure it's well-briefed on the other side Lawyer: OK, give me to Friday, I'll try to get someone down in Louisiana. Judge: The 19th is a Federal holiday. Do you want more? Lawyer: He's going to reply? Yes

Judge Liman: I read papers when they come in. But I won't require the AUSA to read them on a Federal holiday. Lawyer: OK, give me to Monday. Judge: Keep the petitioner in the country during this. AUSA: No objection, Your Honor.

Judge: OK, I'll look for your papers

And the case was sent to Louisiana, albeit on a delay: "ORDER OF TRANSFER OF VENUE:  1. This action shall be and hereby is transferred to the U.S. District Court for the Western District of Louisiana. 2. To permit Petitioner sufficient time to associate with Louisiana counsel before this case is transferred, the Clerk of Court shall not transfer this case until June 26, 2026. 3. The Court's injunction staying Petitioner's removal from the United States shall remain in place unless and until the transferee court orders otherwise. SO ORDERED. (Signed by Judge Lewis J. Liman on 6/17/2026)."

The case is, or was, Elsayed v. Director of ICE Detention Facility 26 Federal Plaza NYC, 1:26-cv-4927 (Liman)

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