SDNY COURTHOUSE, Sept 22 – A panel of the Second Circuit Court of Appeals,
faced with a factual dispute about whether an appellant
before them had or had not been flown from Alexandria,
Virginia to Honduras and back in January, referred the
matter to a special master. Selected was U.S.
District Court for the Southern District of New York Judge
Jesse M. Furman. He held a conference on March 18 which
Inner City Press live tweeted:
Judge Furman: I have received the parties
joint letter [It is not in the docket, at least not as of
2:31 pm] I propose the bifurcate the issue. There is a
filing in the Court of Appeals by a government contractor
that DOJ says moots this. I disagree
Judge Furman: He did take a bus to and from
the staging area on that day. The dispute is what happened
in between. So we need a list of contractors who handled
egress - and flights between Alexandria and Honduras.
Petitioner's lawyer Perry McAninch of Legal
Aid: We'd like a list of everyone else on the removal
flight. Judge Furman: I think there should be a protective
order
DOJ's Christopher Pryby: He has a version
that is contradicted by the record. Judge: Can I interrupt
you? I've already ruled on that. I'm not going to resolve
it on the existing record. DOJ's Pryby: The Court of
Appeals wants to know if he was on the plane.
DOJ's Pryby: If you want names of the
contractors, and who was on the plane, and who spoke with
the petitioner - there are privacy concerns. We are
disinclined to disclose who has been removed, to protect
the privacy of the people removed. Judge: Protective order
DOJ's Pryby: We'll meet and confer then
inform
[in the docket?]
There should be a protective order by
Friday - and a letter about bringing the petition back to
New York, or an order granting that - and discovery
demands by Monday. The US got three weeks to
respond. The appeal proceeds in the Second Circuit,
with the merits brief due on May 11.
On March 20 the US Attorney's Office wrote
in arguing that Judge Furman does not have the authority
to order RRMC returned to New York. On March 25 Legal Aid
wrote in disagreeing. At 3 pm on March 25 Judge Furman
said he had another proceeding and mentioned the
Constitution.
On March 26 Judge Furman ordered RRMC
returned to the NY area by April 13: "Respondent’s
jurisdictional argument was rejected by the Second Circuit
in Mahdawi v. Trump, 136 F.4th 443, 453-54 (2d Cir. 2025),
and Ozturk v. Hyde, 136 F.4th 382, 394-96 (2d Cir. 2025),
cases that Respondent ignores in her submission. And given
the need for Petitioner to assist counsel in reviewing the
discovery in this case, and the likelihood that he will be
needed to testify at an evidentiary hearing, transfer
would plainly effectuate the “efficient performance of the
master’s duties,†FED. R. APP. P. 48(a)(2). Accordingly,
Respondent is hereby ORDERED to transfer Petitioner from
to the New York City area no later than April 13, 2026."
Order on Patreon here.
On April 7 confirmation of return to New
York - Orange County Correctional Facility was filed,
thus: " NOTICE of Transfer of Petitioner. Document filed
by Todd Blanche..(Pryby, Christopher)."
Jump cut to September 22, when Judge Furman
held an evidentiary hearing. RRMC himself - he was named
in open court but then it was said it would be redacted,
so we are not naming him here - was on the stand. The
cross examination, at least this reporter, seemed little
more than nit picking. From the thread:
AUSA: You thought you were being removed
because your commissary account was closed, you reached
out by tablet- RRMC's counsel: 5th Amendment
RRMC's counsel: How he communicated is
irrelevant; he was on the January 26 flight. Judge Furman
(to AUSA) You should have raised and briefed this. I'll
deal with it later.
AUSA: You told your friend you account was
locked? RRMC: For either deportation or movement
AUSA: When you got to the airport it was
closed?
RRMC: Yes. It was cold. There was heat on
in the bus. AUSA: Were you offered any food? RRMC: Yes.
But I didn't have any appetite. AUSA: But you said
they didn't give you food...
AUSA: When the plane was landing what
did you see? RRMC: No buildings, a lot of poverty. I
realized it was Honduras. Nearly all of us on the plane
were from Honduras. AUSA: So you only realized it then?
RRMC: Yes. AUSA: But you've said you knew on the bus
AUSA: In your declaration you said on
the bus, before the plane you saw nearly everyone from was
Honduras,\ except 1 from Cuba, 2 from Mexico and 3 from
Guatemala RRMC: Yes. On the the plane there were 3
seats on each side of the aisle- AUSA: But you said 2
RRMC: May I explain?
AUSA: Moving on. How did you know was ICE?
RRMC: Their black shirts said ICE-ERO in
white. AUSA: Could you read their badges. RRMC: No.
AUSA: But you said you read the word
"civil" on them. First volume of deposition testimony,
page 100
And so it went...
More Sept 22 details on X for Subscribers here
and on Substack here
The SDNY case is R.R.M.C. v. Brondi,
26-mc-114 (Furman)
