Friday, June 12, 2026

Man From El Salvador US Says Pled to Drunk Driving With Child Is Granted Hearing by June 18



Man From El Salvador US Says Pled to Drunk Driving With Child Is Granted Hearing by June 18

by Matthew Russell Lee, Patreon Book Substack

SDNY COURTHOUSE, June 11 รข€“ A man from El Salvador in ICE detention in the Orange County Jail filed a habeas corpus petition in the U.S. District Court for the Southern District of New York, where Inner City Press found it. 

 The US Attorney's Office says he was arrested in the US in 2003, 2011, 2012 and 2023 and that "notably on March 30, 2023 he pled guilty to Aggravated Driving While Intoxicated with a Child Passenger Less than 16."

  He has been asking for a hearing, on a June 11 Judge Carter ordered one:

Judge Carter: Here petitioner Benitez has been separated 15 months from his family including his young daughter, serving no public interest. His ongoing detention violates his due process rights. The petition is granted - he must be given a bond hearing by June 18

Judge Carter: If no hearing, he must be released. Certification must be filed. Anything from the Government? AUSA: Nothing. Judge Carter: Goodbye.

  The petition says he "is on misdemeanor probation, reportedly for resisting arrest and perhaps a related crime; we are awaiting the record." He seeks to be released.

 The case was assigned on June 8 to Judge Andrew L. Carter, who ordered a response by June 15 and that he not be moved out of the SDNY, EDNY or the District of New Jersey pending further court order.

The case is Benitez v. Immigration (DHS), 1:26-cv-3965 (Carter)

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