SDNY COURTHOUSE, Oct 13 – On October 9
Inner City Press covered the habeas corpus hearing on
Oscar Bergal, shot in Marble Hill by ICE the day before,
DOJ wrote in they intended to detain him in MDC Brooklyn,
and live tweeted here
and below.
On the evening of Tuesday, October 13 his
lawyer wrote in that he "is willing to concede that he was
not detained in this District when he filed the petition,"
and set out three ways the case could be dismissed, and
presumably re-filed in New Jersey. But would the order to
keep him in SDNY, EDNY or DNJ remain in place? If it
lapses, what will the government / ICE do?
From October 9:
All rise! Judge John P. Cronan: This
morning another judge in this District, Judge Oetken,
sitting in Part 1, enjoined moving the petitioner out of
the District, EDNY or DNJ about further order of the
court. Now I have the case.
Judge Cronan: Around 1 pm the Government
wrote in that they intend to detain the Petitioner in
MDC-Brooklyn. Is that still the Government's position?
AUSA Waterman: Yes. Judge: Was he located in SDNY when the
petition was filed? AUSA: No. He was in New Jersey.
AUSA: He was driven over the George
Washington Bridge toward Newark. Judge Cronan: Assuming
arguendo that I have jurisdiction, does Judge Oetken's
order remain in effect, to not move him out of SDNY, EDNY
or DNJ? AUSA: That is how we do it.
Judge Cronan: What if I deny the TRO since
Judge Oetken's may last longer [than 14 days]? I'll do
that. If Petitioner was not in this District, do you agree
I do not have jurisdiction? Petitioners' lawyer: We may
not contest on venue - but would it be transferred?
Petitioner's lawyer: Give us some time.
Judge Cronan: What was the basis of his detention? AUSA
Waterman: ICE is getting back to me. Judge Cronan: When
can Petitioner's lawyer get back to me on next steps?
Petitioner's lawyer: Tuesday, by letter
Judge Cronan: Are you challenging only
detention? Or also removal? Petitioner's lawyer:
Only detention. But we will seek to amend. Judge Cronan:
Understandable. I look forward to your letter on Tuesday.
Have a good weekend.
Adjourned.
The case is Bergal v. Genalo et al., 1:26-cv-8928 (Cronan)
