Garcia v. Barr

Opinion

UNITED STATES DISTRICT COURT ow WESTERN DISTRICT OF NEW YORK

Carlos Garcia, Petitioners, V. 19-CV-06908 MAT ORDER William Barr, United States Attorney General, et al., Respondents.

Pro se Petitioner, Carlos Garcia,, is a civil immigration detainee currently held at the Buffalo Federal Detention Facility. Petitioner claims that his continued detention in □□□□ Immigration and Customs Enforcement custody pending removal proceedings is in violation of the United States Constitution. See generally 8 U.S.C. § 1231(a)(1) (Attorney General, succeeded by the Secretary of Homeland Security for this purpose, must remove alien within 90 days of final order of removal), (a)(6) ("An alien ordered removed .. . may be detained beyond the [90-day] removal period . . ."); Zadvydas v. Davis, 533 U.S. 678, 700-01 (2001) (presumptive limit to reasonable duration of detention under § 1231(a)(6) is six months); see also 8 U.S.C. § 1226 (a),(c) (detention of aliens); Jennings v Rodriguez, 138 S. Ct. 830, 851 (2018) (reserving determination of merits of due process arguments regarding extended detention without bond). He therefore, seeks relief under 28 U.S.C. § 2241. Docket Item 1. The petitioner has paid the $5.00 filing fee . ORDER IT IS HEREBY ORDERED that within 45 days of the date of this Order, Respondents shall file and serve an answer responding to the allegations in the Petition; and it ts further

ORDERED that within 45 days of the date of this Order, Respondents shall file and serve, in addition to their answer, a memorandum of law addressing each of the issues raised in the Petition and including citations to supporting authority and applicable sections of the Immigration and Nationality Act; and it is further ORDERED that within 45 days of the date of this Order, instead of their answer, Respondents may file a motion to dismiss the Petition, accompanied by appropriate exhibits demonstrating that an answer to the Petition is unnecessary; and it is further ORDERED that Petitioner shall have 25 days after his receipt of the Respondents’ answer or motion to dismiss to file a written response; and it is further ORDERED that the Clerk of Court shall serve a copy of the Petition, together with a copy of this Order, electronically via a Notice of Electronic Filing to the United States Attorney's Office, Western District of New York at USANYW-Iimmigration- Habeas@usdoj.gov. THE PETITIONER MUST FORWARD A COPY OF ALL FUTURE PAPERS AND CORRESPONDENCE TO THE ATTORNEY APPEARING FOR THE RESPONDENTS.

SO ORDERED. Dated: (2S , 2019 Rochester, New York

[saa ACen MICHAEL A. TELESCA UNITED STATES DISTRICT JUDGE