SDNY COURTHOUSE, Sept 11 -- A man
from Honduras whom ICE tried to put on a bus to Mexico
filed a habeas corpus petition. On September 11 he was
brought before U.S. District Court for the Southern
District of New York Judge Arun Subramanian. Inner City
Press, which also has a FOIA lawsuit about DOJ's refusal
to provide documents about its capitulation to Live
Nation, live tweeted, here:
All
rise!
Judge Subramanian: Good morning, Mr. Portillo. I will
begin by asking the Government: what assurance did ICE
have that if he is removed to Mexico, they will not send
him to Honduras?
AUSA: Policy, no assurance in this particular
case.
AUSA:
But we filed a declaration this morning.
Judge: But the declarant is not here to answer
questions. So I cannot consider the declaration. This
has been an issue since Mr. Portillo's Texas case, where
his wife said Mexico told her he'd go to Honduras
Judge:
The Texas judge referred to "chain refoulement," which I
had to look up. What was the resolution?
AUSA: I did not see any express discussion of chain
refoulement [he pronounces it "re- FOWL-ment"] There was
a Bondi case, that 3rd-country removals are legal
Judge:
I've read the Immigration Judge's order, granting Mr.
Portillo deferral of removal based on CAT [Convention
Against Torture]- it says he's likely to be tortured or
killed if returned to Honduras. I'm not going to name
the organization that killed his cousin
Judge:
His cousin was found mutilated with a sign on him, "The
same thing will happen to the family, the dogs" - isn't
this organization active in Mexico too?
AUSA: Yes.
Judge: So what consideration did ICE give to the
Immigration Judge's findings?
AUSA: Not aware
AUSA:
US CIS conducted an interview and concluded that Mr.
Portillo does not have a legitimate fear, that's the
Alien Informal Interview form - I have a copy
Judge: I'm looking at it. It says, "deje me con mis
hijos, por favor." This form was done in 26 Fed
Judge:
How was Mr. Portillo supposed to get evidence of his
stay of removal, while in the holding room in 26 Federal
Plaza?
AUSA: I can't see how he could have gotten that.
Judge: On a human level, wouldn't you hope he wouldn't
be returned to Honduras?
AUSA:
In ICE's experience Mexico will not send people on to
third countries. Then also will not accept anyone who
does not sign consent to go there...
Judge: Mexico is conditioning its acceptance of people
on their agreeing - but Mr. Portillo has objected
Judge:
I noted the Government's letter saying the keys to Mr.
Portillo's freedom are in his pocket. Really? Mr.
Portillo, do you want us to try to find you a lawyer?
Portillo (in Spanish) I don't know if you will be
deciding this today.
Judge: This is complex
Judge:
Where
do you live?
Portillo: Port Chester, New York.
Judge: AUSA Stein, anything more?
AUSA: I wanted to apologize if our filings were not
helpful.
Judge: I know your Office is incredibly burdened.
[5
minute break take - then Judge Subramanian is back]
Judge: Mr. Stein, the declaration you submitted says Mr.
Portillo refused to board a bus to Mexico. What were the
circumstances?
AUSA: I don't have additional information. They only
attempted the bus
Judge:
Why would they try to put him on the bus to Mexico if he
hadn't signed.
AUSA: I don't know.
Judge: I grant the habeas petition. Mr. Portillo, do you
have a way to get home?
Portillo: Yes.
Judge: AUSA?
AUSA Stein: It's his burden to go to Orange County
Judge:
I order Mr. Portillo released from here by 2 pm.
Here, there was no analysis of changed circumstances.
The Government failed to evaluate the risk at any
point.
