Saturday, October 17, 2026

Man Say He Pled Guilty in SDNY on Oct 16 and Immediately Detained by ICE So Habeas



Man Say He Pled Guilty in SDNY on Oct 16 and Immediately Detained by ICE So Habeas

by Matthew Russell Lee, Patreon Book Substack

SDNY COURTHOUSE, Oct 16  – A man who says he has been in the US since 2022 in The Bronx pled guilty on October 16 in the U.S. District Court for the Southern District of New York, which Inner City Press closely covers.

Two days prior his Federal Defender had written in, "Dear Judge Ricardo: I write without objection from the Government to request that the Court schedule a change of plea hearing in this matter pursuant to Federal Rule of Criminal Procedure 58(c)(2). Mr. Betancourt-Rojas is charged with one count of illegal entry, a class B misdemeanor, in a criminal complaint filed in the Western District of Texas. He was arrested on October 8 in the Southern District of New York and detained on a Rule 5(c)(3) affidavit. He now wishes to waive venue and plead guilty in this District. Because Mr. Betancourt-Rojas is charged with a petty offense and a non-incarceratory sentence is appropriate, Rule 58(c)(2) permits his case to be resolved in the Southern District of New York. Moreover, although the Government’s consent is not required for the Court to grant the instant motion, the Government has no objection to Mr. Betancourt-Rojas waiving venue and pleading guilty in this District, and it agrees that a non-incarceratory sentence is appropriate." 11 page letter on Patreon here.

  But immediately after the guilty plea, he says, he was detained by ICE. Did the US Attorney's Office know? One assumes the Federal Defenders did not. He filed a habeas corpus petition.

  It is now before Judge Jeannette A. Vargas, who heard his previous habeas corpus petition.

  This one is Betancourt Rojas v. Genalo, et al., 1:26-cv-9098.

   In 40 Foley Square, Judge Broderick has a habeas proceeding filed by a man from El Salvador - more on X for Subscribers here and Substack here

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