Man Released under Convention on Torture Sent by ICE to Louisiana So SDNY Habeas Briefing

Man Released under Convention on Torture Sent by ICE to Louisiana So SDNY Habeas Briefing by Matthew Russell Lee, Patreon Book Substack SDNY COURTHOUSE, June 15 – A man who was ordered released by a Federal judge in Colorado under the Convention Against Torture was detained by ICE and flown to Louisiana, apparently en route to "Africa" (his lawyer says he was told).  On June 15 U.S. District Court for the Southern District of New York Judge Lewis J. Liman held a proceeding in the case. Inner City Press live tweeted it Judge Liman: Your petition is quite cursory. I've handled a number of these cases..You haven't raised this to the judge in Colorado? Lawyer: We're not admitted there. So we contacted ICE Judge: Prior to June 10 what efforts to learn where your client was? Lawyer: At 26 Fed they wouldn't tell us. We used the ICE Locator then called Lawyer: The AUSA asked us if we would consent to the transfer of the petition to Louisiana Judge Liman: I'm not going to rule today that I'm going to retain jurisdiction, or that I ever had jurisdiction or venue. The only question in my mind is if briefing  Judge Liman: Is there anything more you'd like me to know beyond what's in your 6-page petition? Lawyer: No, I think we covered it from all angles. Judge: You're not asking to submit any more briefing or evidence? Lawyer: You have everything we have to say. Judge Liman: I'm familiar with the unknown custodian rule AUSA Waterman: If petitioner won't consent to transfer the case, I'm prepared to file a motion to dismiss or transfer. We've had over 300 habeas corpus cases here in SDNY this year since Jan 1. So we know Judge: How fast can you file your motion to dismiss or transfer? AUSA: By June 17.  Lawyer: But it is difficult to be admitted in Louisiana. I called, they said, You're not admitted. We'd have to find counsel. I don't know anyone to do that with. There is Michigan Judge Liman: DOJ has briefed this many time. I want to make sure it's well-briefed on the other side Lawyer: OK, give me to Friday, I'll try to get someone down in Louisiana. Judge: The 19th is a Federal holiday. Do you want more? Lawyer: He's going to reply? Yes Judge Liman: I read papers when they come in. But I won't require the AUSA to read them on a Federal holiday. Lawyer: OK, give me to Monday. Judge: Keep the petitioner in the country during this. AUSA: No objection, Your Honor. Judge: OK, I'll look for your papers The case is Elsayed v. Director of ICE Detention Facility 26 Federal Plaza NYC, 1:26-cv-4927 (Liman) *** Your support means a lot. As little as $5 a month helps keep us going and grants you access to exclusive bonus material on our Patreon page. Click here to become a patron. Feedback: Editorial [at] innercitypress.com Mail: Box 130222, Chinatown Station, NY NY 10013 Other, earlier Inner City Press are listed here, and some are available in the ProQuest service, and now on Lexis-Nexis.  Copyright 2006-2026 Inner City Press, Inc. To request reprint or other permission, e-contact Editorial [at] innercitypress.com