by Matthew Russell Lee, Patreon Book Substack
SDNY COURTHOUSE, June 4 – On Robert Panton detained by ICE which says it is awaiting Jamaica travel documents to deport, a preliminary injunction hearing was held by U.S. District Court for the Southern District of New York Judge Katherine Polk Failla. She set another conference for April 4 at 11 am; a ruling is expected. Inner City Press live tweeted, from the thread:
Judge Failla: We're here on a preliminary injunction motion.
Assistant US Attorney: Mr. Panton is detained pending the receipt of travel documents from Jamaica...
Panton's lawyer: He's turned his life around, he's helping in the community. There's a lot the government has not considered. So we have a likelihood of success on the merits.
Judge Failla: I don't think a preliminary injunction that includes a stay against removal. But I can imagine ordering his release.
AUSA: Mapp v. Reno sets a high standard. There's nothing here that rises to it
Judge: we'll reconvene at 11 am.
At 11 am on April 4, Judge Failla denied the motion for release, from the thread:
Judge Failla: I do believe DHS has the authority to detain Mr. Panton - I do not believe he has a likelihood of success on the merits. There was some question about the delegation issue. I am accepting AUSA Sun's representation
Judge Failla: The presence of counsel would have been better, but was not required. I will not make a finding of irreparable harm, at this point, one week. I might have a different view later. I believe Mr. Panton has made stride to rehabilitation. But no relief
Early on June 4 the US Attorney's Office wrote in, "The government understands that Mr. Panton does not intend to seek a further stay of removal from this Court. Moreover, the BIA’s denial of the motion for a stay means that there is no legal impediment to execution of the removal order on June 6, as scheduled. The government submits that once the removal order is executed, this habeas corpus action will be moot and should be dismissed."
The case is Panton v. Joyce, et al., 1:25-cv-2451 (Failla)
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