| 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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