Man From Guatemala Detained as ICE Sought Another Filed Habeas Now Wants Back to NY

Man From Guatemala Detained as ICE Sought Another Filed Habeas Now Wants Back to NY by Matthew Russell Lee, Patreon Book Substack SDNY COURTHOUSE, Aug 13 – A man from Guatemala who was detained by ICE as they sought someone else, and is being detained in Western Pennsylvania, filed a habeas corpus petition through a Next Friend in the U.S. District Court for the Southern District of New York, where Inner City Press found it.   On August 7 he had a hearing before SDNY Judge Lewis J. Liman. Inner City Press live tweeted it, here:  Judge Liman: I have heard enough to conclude that I should try to local counsel for Mr. Garcia, noting that Mr. Garcia is being held following the allegation that he agreed to voluntary departure, and DOJ says no bond hearing.  AUSA Tudor M. Neagu: That's accurate  Judge: Does USA object to me trying to find counsel for Mr. Garcia? AUSA: Of course not, Your Honor. But the petitioner is in the Western District of Pennsylvania Next Friend: He told me he didn't accept to leave. Maybe they made him sign. They denied a phone call  Next next friend: They took him in front of my nine year old, they were looking for someone else. They haven't yet him make any phone calls, he had to send someone else to a bakery. He is my step father. Judge: I direct the AUSA to contact the institution  AUSA: On the day he was arrested he was offered a call and made one, 5 minutes, to a "Manuel." Judge: I'm not casting aspersions on you personally. But can you report back to the court? AUSA: Yes. Adjourned On August 10, the US Attorney's Office filed a copy of the Voluntary Departure form, apparently signed, and a record listing misdemeanor harassment, and assault, third degree. They said that Petitioner has a telephone in his housing unit at the Moshannon Valley Processing Center. On August, pro bono counsel filed a notice of appearance for Garcia: David Oliwenstein of Pillsbury Winthrop Shaw Pittman LLP, formerly of the SEC's Division of Enforcement... On August 13 he filed a request that Judge Liman order the petition be returned to in or around the SDNY from Moshannon Valley Processing Center in Philipsburg, PA - and said "the Government intends to oppose [this] relief." The case is Garcia v. Acting Field Office Director, et al., 1:26-cv-6595 (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