Sunday, October 11, 2026

Man From Honduras Who ICE Tried to Put on Bus to Mexico Is Ordered Free in SDNY Habeas Corpus

SDNY COURTHOUSE, Sept 11 -- A man from Honduras whom ICE tried to put on a bus to Mexico filed a habeas corpus petition. On September 11 he was brought before U.S. District Court for the Southern District of New York Judge Arun Subramanian. Inner City Press, which also has a FOIA lawsuit about DOJ's refusal to provide documents about its capitulation to Live Nation, live tweeted, here:

All rise!
Judge Subramanian: Good morning, Mr. Portillo. I will begin by asking the Government: what assurance did ICE have that if he is removed to Mexico, they will not send him to Honduras?
AUSA: Policy, no assurance in this particular case. 

AUSA: But we filed a declaration this morning.
Judge: But the declarant is not here to answer questions. So I cannot consider the declaration. This has been an issue since Mr. Portillo's Texas case, where his wife said Mexico told her he'd go to Honduras 

Judge: The Texas judge referred to "chain refoulement," which I had to look up. What was the resolution?
AUSA: I did not see any express discussion of chain refoulement [he pronounces it "re- FOWL-ment"] There was a Bondi case, that 3rd-country removals are legal 

Judge: I've read the Immigration Judge's order, granting Mr. Portillo deferral of removal based on CAT [Convention Against Torture]- it says he's likely to be tortured or killed if returned to Honduras. I'm not going to name the organization that killed his cousin 

Judge: His cousin was found mutilated with a sign on him, "The same thing will happen to the family, the dogs" - isn't this organization active in Mexico too?
AUSA: Yes.
Judge: So what consideration did ICE give to the Immigration Judge's findings?
AUSA: Not aware 

AUSA: US CIS conducted an interview and concluded that Mr. Portillo does not have a legitimate fear, that's the Alien Informal Interview form - I have a copy
Judge: I'm looking at it. It says, "deje me con mis hijos, por favor." This form was done in 26 Fed 

Judge: How was Mr. Portillo supposed to get evidence of his stay of removal, while in the holding room in 26 Federal Plaza?
AUSA: I can't see how he could have gotten that.
Judge: On a human level, wouldn't you hope he wouldn't be returned to Honduras? 

AUSA: In ICE's experience Mexico will not send people on to third countries. Then also will not accept anyone who does not sign consent to go there...
Judge: Mexico is conditioning its acceptance of people on their agreeing - but Mr. Portillo has objected 

Judge: I noted the Government's letter saying the keys to Mr. Portillo's freedom are in his pocket. Really? Mr. Portillo, do you want us to try to find you a lawyer?
Portillo (in Spanish) I don't know if you will be deciding this today.
Judge: This is complex 

Judge: Where do you live?
Portillo: Port Chester, New York.
Judge: AUSA Stein, anything more?
AUSA: I wanted to apologize if our filings were not helpful.
Judge: I know your Office is incredibly burdened. 

[5 minute break take - then Judge Subramanian is back]
Judge: Mr. Stein, the declaration you submitted says Mr. Portillo refused to board a bus to Mexico. What were the circumstances?
AUSA: I don't have additional information. They only attempted the bus 

Judge: Why would they try to put him on the bus to Mexico if he hadn't signed.
AUSA: I don't know.
Judge: I grant the habeas petition. Mr. Portillo, do you have a way to get home?
Portillo: Yes.
Judge: AUSA?
AUSA Stein: It's his burden to go to Orange County 

Judge: I order Mr. Portillo released from here by 2 pm.
Here, there was no analysis of changed circumstances. The Government failed to evaluate the risk at any point. 

The case is Portillo v. Catletti, et al., 1:26-cv-6374 (Subramanian)

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